Maternity Protection Convention Research Articles

An Evaluation of South Africa's Maternity and Parental Benefits Legislation in Light of the International Labour Organisation's Maternity Protection Convention and Recommendation

An Evaluation of South Africa's Maternity and Parental Benefits Legislation in Light of the International Labour Organisation's Maternity Protection Convention and Recommendation

An overview of maternity protection in Botswana: A critique of the Employment Act through the International Labour Organisation's Maternity Protection Convention lens

This paper assesses the legal framework pertaining to maternity protection in Botswana's private sector. Botswana is a member of the International Labour Organisation (ILO), but the country has not ratified the ILO Maternity Convention. This notwithstanding, the Government has enacted a legal framework on maternity protection through the Employment Act to guarantee some protection for female private sector employees. This paper critiques this framework through the ILO Maternity Protection Convention lens. Drawing on this comparative analysis, the paper highlights the manner in which Botswana's framework complies with international standards on maternity protection and highlights key points where legislative reform is justified. The analysis also considers the jurisprudence of Botswana's Industrial Court to demonstrate the contribution of the judiciary towards assisting employers and employees interpret the provisions of the Act, but most significantly, to highlight the extent to which the Industrial Court may use its equitable jurisdiction to protect the reproductive function of female employees in Botswana's private sector.

The Imperative of Engendering an Egalitarian Legal Framework for the Protection of Female Employees’ Rights in Nigeria

Abstract This article through doctrinal approach, examines both international and domestic legal frameworks (International Labour Organization Equal Remuneration Convention 1951, Discrimination (Employment and Occupation) Convention 1958, Maternity Protection Convention 1952, Beijing Declaration, Universal Declaration of Human Rights, 1948, African Charter on Human and Peoples Rights, 1988, Protocol to the African Charter on Human and People’s Rights on the Right of Women in Africa, Convention on the Elimination of all forms of Discrimination against Women, 1999 Constitution, Employee Compensation Act, etc that protect female employees rights in Nigeria. It discusses “right” and general employees’ rights in Nigeria howbeit tangentially. It discusses Nigeria’s female employees’ rights and evaluates the laws on general employees’ rights and found that, the vulnerability and peculiarities of female employees, precipitated by their multiple roles in not well recognized and protected under Nigerian labour law when compared with international instrument. It makes vital recommendations on way forward.

MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS

This study analyses the similarities and differences of maternity protection under Indonesia and Malaysia's Labor Law. The method used in this research is a normative and comparative approach. This study shows several differences in maternity protection from both laws, such as the duration of maternity leave and the provision of breastfeeding entitlement. However, few similarities are also found, such as both laws provide social and health protection under the labor law. Malaysian lawmakers should revise the Employment Act 1955, which covers work protection and breastfeeding, and both countries should ratify the Maternity Protection Convention of 2000 to better protect women workers in the workplace.Keywords: Maternity protection, Women worker, International convention, Indonesia and Malaysia labor law.

Evolution of gynaecologists' practices regarding the implementation of Swiss legislation on maternity protection at work between 2008 and 2017.

In accordance with the International Labour Organization’s Maternity Protection Convention (No. 183) and European Union Directive 92/857CEE (1992), Switzerland’s Labour Law and its Maternity Protection Ordinance (OProMa) aim to protect the health of pregnant employees and their future children while enabling them to pursue their working activities. Gynaecologists-obstetricians have a key role in this legislation, particularly through the prescription of preventive leave for patients who would otherwise face dangerous or arduous tasks in the absence of an adequate risk analysis or suitable protective measures. However, international and national literature suggests that gynaecologists-obstetricians may encounter difficulties in fulfilling their role. This study aimed to: (1) describe the practices and difficulties encountered by gynaecologists-obstetricians in the practical implementation of the OProMa; and (2) compare the evolution of these practices and difficulties between 2008 and 2017. A survey by questionnaire was conducted in 2008 and repeated in 2017. Both surveys focused on gynaecologists-obstetricians working in the French-speaking part of Switzerland (in private practices, hospitals or both). Descriptive and comparative analyses were carried out. 83 gynaecologists-obstetricians responded in 2008 and 93 in 2017: response rates of 47% and 32%, respectively. In 2017, gynaecologists-obstetricians were more likely to ask questions about occupational risks faced by their patients when consulted by working mothers about their pregnancies. The estimated percentage of patients exposed to an occupational risk remained constant (20% in 2008 and 22% in 2017). Communication and collaboration with employers were reported to be difficult in both surveys, even though these are key elements in the implementation of the OProMa. Collaboration with occupational physicians, however, was more frequent in 2017. In 2017, gynaecologists-obstetricians showed a greater awareness of occupational risks and collaborated more frequently with occupational health specialists. However, the application of the OProMa remained limited over the studied time period. Improving training of gynaecologists-obstetricians in this field could be a significant factor in encouraging better implementation of the current legislation. Moreover, gynaecologists-obstetricians need to be given the necessary support to enable their clinical practice to evolve towards a more preventive type of medicine. Collaboration with relevant stakeholders, including occupational physicians, midwives and workers, should be encouraged.

Mothers and Non-Mothers in the Labor Market: Mexican Regulations vs. the ILO Maternity Protection Convention, 2000 (No. 183)

This article aims to analyze the social and legal situation of women in the labor market, especially in relation to the impact which maternity status impresses upon this. The author intends to explain why women are discriminated in the labor market (notably once they become mothers) by applying current psychological and economic theories on discrimination. Furthermore, the International and Mexican legal frameworks on the prohibition of discrimination and maternity protection are herein discussed and analyzed. Finally, the author proposes introducing and developing paternity labor rights as a necessary condition to eradicate gender discrimination in the labor market.

Scaling up breastfeeding policy and programs in Samoa: application of the Becoming Breastfeeding Friendly initiative

BackgroundBreastfeeding is a critical, evidence-based intervention that addresses malnutrition, improves early childhood development outcomes, and influences long-term maternal and infant health by reducing the non-communicable disease risk. Scaling up breastfeeding is an indisputably strong action countries can take to prevent suboptimal maternal and infant health outcomes. The Becoming Breastfeeding Friendly (BBF) initiative assists countries with scaling up breastfeeding policy and programs. BBF has been successfully implemented within Latin America, Africa, Europe and South-East Asian regions. This study assessed its application in Samoa.MethodsIn 2018, BBF was implemented in Samoa by a 20 member committee of breastfeeding experts who participated in collecting and utilizing national level data to score the degree of friendliness of Samoa’s breastfeeding environment, identify gaps, and propose policy recommendations to address those gaps. This eight-month process resulted in a public event where priority recommendations were widely disseminated to decision makers and actions agreed upon.ResultsThe total BBF Index score for Samoa was 1.6 out of 3.0, indicating a moderate breastfeeding friendly environment for scaling up policies and programs that protect, promote, and support breastfeeding. Gear total scores indicated that seven of the eight gears were moderately strong within Samoa, while the eighth gear, funding and resources, was weakest in strength. Six prioritized recommendations emerged: 1) development and implementation of a National Breastfeeding Policy and Strategic Action Plan; 2) strengthening monitoring and evaluation of all breastfeeding activities; 3) ratifying the International Labour Organization’s Maternity Protection Convention 2000 (No 183); 4) identifying high-level advocates to champion and serve as role models for breastfeeding; 5) creation of a national budget line for breastfeeding activities; and 6) hiring of a national breastfeeding coordinator and trainer. Decision makers demonstrated commitment by signing the breastfeeding policy for hospitals ahead of the BBF dissemination meeting and electing to move forward with establishing lactation rooms within government ministries.ConclusionImplementation of BBF in Samoa yielded important policy recommendations that will address current gaps in national level breastfeeding support. The BBF consultation process can be successfully applied to other countries within the Western Pacific region in order to strengthen their breastfeeding programs.

The Study of Manpower Application of Maternity Leave Supply Chain Management System

Given that the natality rate is declining globally, the policy that encourages female workers to have babies is important to sustaining a country. Therefore, how to adapt the supply chain management system to the important international policy of maternity protection and to bring the quality of human resource in line with international standards marks a significant topic. According to the International Labour Organization (ILO) and the Maternity Protection Convention, the length of maternity leave was raised to 14 weeks in 2000. In order to implement the maternal protection policy and eliminate discrimination against the pregnant, it is necessary to strengthen national responsibility through legal projects, consider the performance of “supply chain management system” among government, labor, and capital, and apply the “employment security system” to help employers solve short-term manpower shortage and set up a website. In doing so, employers will support the maternity leave system, preventing pregnant workers from differentiated or unreasonable treatment in the workplace. This study focuses on the impact of innovative high-quality labor dividends on supply chain performance, explores the feasibility of providing employers with short-term human resources through “supply chain management system” among government, labor, and capital, which is based on a national responsibility mechanism, and analyzes the human rights of international labor force through literature review and logic deduction. The analysis leads us to the perspectives as follows: 1) Customer service: The order delivery rate reflects the real time of the manpower application; 2) Cost: The employment security system transfers responsibility to the state; 3) Quality: Professional manpower is provided in accordance with the type of business; 4) Website productivity: Talent recruitment websites are provided during the maternity leave to respond to the short-term labor force gap; 5) Asset management: The policy of maternity leave is supported to alleviate discrimination against pregnancy and achieve the harmony between the labor and the capital.

Strengthening advocacy and policy change for infant and young child feeding.

The creation of environments that are more supportive of optimal infant and young child feeding (IYCF) requires countries to enact policies, such as those related to the Maternity Protection Convention, the International Code of Marketing of Breast‐milk Substitutes (the Code), and the Baby‐Friendly Hospital Initiative. However, challenges are experienced in the translation of international policy standards into national legal measures, and there is an important gap in understanding how countries achieve progress. Policy advocacy is a nearly universal feature, but there are methodological challenges and few studies evaluating strategies and effects. The purpose of this supplement to Maternal & Child Nutrition is to address those gaps. This supplement contains three papers that present findings from a real‐time evaluation of the advocacy efforts of Alive & Thrive (A&T), United Nations International Children's Emergency Fund (UNICEF), and partners, that sought to support governments in fostering enabling environment for optimal IYCF in Southeast Asia (SEA) and Africa. A combination of two emergent, theory‐based evaluation approaches was used: developmental evaluation and contribution analysis. The overall objective of the evaluation was to document the extent to which policy objectives were or were not achieved in each country and to identify the key drivers of policy change. One contribution of the supplement is a distinction between and illustration of triggers and drivers of policy change. Three main drivers of policy change were identified: (a) the use of an explicit advocacy approach; (b) the creation of a strategic group of actors; and (c) the realization of 15 critical tasks (more specifically for the Code). Each of the critical tasks has been identified as having triggered progress on the Code in those countries. This supplement provides evidence that the advocacy efforts of A&T, UNICEF, and partners contributed to enhanced IYCF policies in SEA and reveals how it helped to achieve progress. The insights contained in this supplement can serve as a guide for policy advocates for enhanced IYCF policies. A short communication puts findings into perspective within global context.

Maternity Legislations: A Comparative Study between India and USA

The changing status quo at the labour front, which envisages a world with continuous improvement and modernization in all spheres, vouches for participation of men and women alike. Thus, necessitated attention is to be given to the workforce involvement of the ‘fairer gender’ and ensure that the conditions and policies governing women employment are just and humane. The International Labour Organization (ILO) has set norms that segments the aspects that need to be considered while making policies and statements that serve as framework to ensure workforce-friendly policies and provide due considerations in maintaining the basic standards of life for the women workers. Most industrial and developing countries abide by the norms- except for the highly industrialized nations as Australia, New Zealand and the United States. Maternity relief is not only a basic right of any women, but also “an element of health and economic protection”. This study seeks to review and compare the maternity provisions as practiced by USA and India. As per the ILO Reports, in the United States 55 per cent of working women comprise the main earners with respect to their family earnings. In India alone, an approximate of 60 million people live in households maintained only by women. The Maternity Protection Convention, 2000 (No. 183) of ILO provides for 14 weeks of maternity benefit. It provides for monetary benefit of the expecting mother that is not less than two third of her drawn wages. In USA, the provision of maternity falls under the Family and Medical Leave Act, 1993 (FMLA), only employers covered by the act provides for unpaid but job-protected leave up to 12 weeks per year to their female employees. In India, as per the Amendment 2017, The Maternity Benefit Act, requires the employers to mandate 26 weeks long paid maternity benefit to the women employee. If the employers do not provide for pre and post-natal care, then the employee is eligible for monetary relief. Hence, the legislatures governing maternity relief are viewed considering the current situation of the countries being studied.

(Women's Rights among International Instruments and Algerian Legislation (Comparative Study: حقوق المرأة بين الصكوك الدولية والتشريعات الجزائرية (دراسة مقارنة)

Focused on the United Nations since its inception women's rights without any discrimination between men and women, Vchrist right to education, through resistance to discrimination in education Treaty, and their right to enjoy political rights through three international documents is the Political Rights of Women, the Convention on Elimination of All Forms discrimination against women, on civil and political rights, which asked the Member States to abide by securing equality between spouses in the rights and responsibilities of the marriage, during marriage and at its dissolution and the international Covenant. ILO also focused on women's work, issued a number of international conventions in this regard, including the Maternity Protection Convention, and the Convention on the prohibition of night work for women, the Convention on equal pay between male and female workers at the equal value of work, and the Convention on discrimination in employment and occupation. On the basis of the principles of equality and equal opportunities between men and women and a commitment to the principles and international resolutions to abolish all forms of discrimination on grounds of sex, it made Algeria efforts to guarantee women's rights and the equality between men and women in rights and duties, and this was confirmed by the constitutions of the Algerian successive constitutional amendment for the year 2016 and the various legislation the most important of the national Labour and social security and the family Law Act and order No. 76-35 on the organization of education and training modified and complemented.

Strengthening the human rights framework to protect breastfeeding: a focus on CEDAW.

BackgroundThere have been recent calls for increased recognition of breastfeeding as a human right. The United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) is the core human rights treaty on women. CEDAW’s approach to breastfeeding is considered from an historical perspective. A comparison is drawn with breastfeeding protection previously outlined in the International Labour Organization’s Maternity Protection Convention, 1919 (ILO C3), and its 1952 revision (ILO C103), and subsequently, in the United Nations Convention on the Rights of the Child, 1989 (CRC).DiscussionDespite breastfeeding’s sex-specific significance to an international human rights treaty on women and CEDAW’s emphasis on facilitating women’s employment, CEDAW is, in reality, a relatively weak instrument for breastfeeding protection. In both its text and subsequent interpretations explicit recognition of breastfeeding is minimal or nonexistent. Explanations for this are proposed and contextualised in relation to various political, social and economic forces, especially those influencing notions of gender equality. During the mid to late 1970s -when CEDAW was formulated - breastfeeding posed a strategic challenge for key feminist goals, particularly those of equal employment opportunity, gender neutral childrearing policy and reproductive rights. Protective legislation aimed at working women had been rejected as outdated and oppressive. Moreover, the right of women to breastfeed was generally assumed, with choice over infant feeding practices often perceived as the right NOT to breastfeed. There was also little awareness or analysis of the various structural obstacles to breastfeeding’s practice, such as lack of workplace support, that undermine ‘choice’. Subsequent interpretations of CEDAW show that despite significant advances in scientific and epidemiological knowledge about breastfeeding's importance for short-term and long-term maternal health, breastfeeding continues to be inadequately addressed in international human rights law on women. A comparison is made with CRC and its subsequent elaborations. Increasing recognition of the need to protect, promote and support breastfeeding within the framework of CRC but not that of CEDAW suggests that breastfeeding is regarded primarily as a children's rights issue but only minimally as a women's rights issue.SummaryThe human rights framework requires strengthening in every direction to protect, promote and support breastfeeding. Discussion is needed regarding whether a separate strengthening of the international human rights framework on women is required with regard to breastfeeding.

Curious Case of Reproductive Rightss: Indian and International Perceptive

This research paper deals with host of issues, in particular matters concerning 'international framework qua right to procreate'. This paper comprises of five parts. Part I, deals with the 'Introduction', particularly explaining as to how 'right to procreate' draws impetus from the 'right to marry', and issues concerning presumption of marriage and legitimacy of children. Part II, deals with the international framework qua the right to procreate (the Universal Declaration of Human Rights, 1948; the Convention on the Elimination of All Forms of Discrimination against Women, 1979; the International Covenant on Economic, Social and Cultural Rights, 1966; the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; the 1994 Cairo Programme of Action; the Beijing Conference of 1995; the Maternity Protection Convention, 2000; and the Convention on the Rights of Persons with Disabilities, 2006). Part III, deals with the explorative study qua 'reproductive rights' albeit Indian Scenario and International Practice (Procreation and Right to Health; Procreation and Sterilization; Right to Procreate vide the Surrogacy Route; Procreation, Surrogacy, Child Care Leave and Maternity Benefits; Procreation and Right to Privacy; Procreation and Right to Personal Liberty; Procreation and Mental Retardation). Part IV, deals with right to procreate vis-a-vis incarceration. Part V, deals with the conclusion, post deliberating upon three matters of grave importance: the Purvi Patel Case (Indiana State of U.S.); the Lakshmi Dhikta Case (Nepal); and Right to Procreate qua Trans-genders (Yogyakarta Principles).

Domestic workers: their time now

REPORT□ DOMESTICWORKERS Domestic workers: their time now J ļ ļ istorie' is an overusedword.But,inthe ™■■ case ofthenextnewILO convention on ■ mthetable,itreally does apply. The world'sdomesticworkershave in their sights thefirst everinternational convention that recognisesthemas 'workers', withthe fundamentalrights of otherworkers.Giventhat,at best,theirwork is oftendismissedas merely 'help'and,at worst, manyare migrants keptin servitude, plusitis one ofthemainlocationsof childlabour,thisstep is not just 'historic' but utterly right andjust. As one domesticworkers'leadertold me in GenevalastJune, "these things that I knewinmy heartwerenotright butI justhad to acceptas 'howlifeis',itis so amazing nowtosee allthese governments having todiscussthem". InJune2011,theseconddraft ofa convention (withan accompanying recommendation) comes to theInternational LabourConference ('ILC') in Geneva.The contents willbe hotlydebated,as theywereat thefirst discussions at theILC this pastJune.Thereis stilla chancethattheconventionwill be rejectedin favourof a much weakerrecommendation. Some governments- particularlymany involvedin the mass export/import of migrant domestic workers from South/South-East Asiato theMiddleEast- arehostile. So istheEmployers' Groupat theILO, gaugingby itsresponsesin June. However,the convention has behind it the weight ofmoreprogressive governments, as well ofcourseas theWorkers Group,ablyled in the 2010 discussions by Halima Yacob from Singapore. Withconcerted lobbying - now - on thosewho arestill wavering ortrying tobeatoff certain important elements, itiswellpossiblethat itwillbe passedthiscoming June, andwithusefulwordingthatcan help to kick-start much neededchangesformillions of(largely) women aroundtheworld. The Hong Kong Domestic Workers' General Union was formed in2001torepresent the largely local women workers who areemployed mostly ona casual basis, with irregular hours oronly short-term contracts. Ignoredand abused Sixty yearsago,in 1948,theILCalready suggested thata specialinstrument was neededforthe world'sdomestic workers. Overtheyears,however ,no suchstepwas taken.Domestic workers weresupposedtobe included inthescopeofthe Declaration of FundamentalPrinciples and Rights, as wellas manyconventions and recommendations . Atthesametime, though, someconventions explicitlyallowed their exclusion, through so-called'flexibility clauses'- forexample , the Occupational Safety and Health Convention, 1981 (No.155) and the Maternity Protection Convention, 2000(No.183),twoareas ofgreatconcern to domestic workers. In practice anyway, mostgovernments convenientlyignored domestic workers.The ILO Committee ofExperts issuedcomments toa numberofthem . TheIPECprogramme worked incertainregions toeliminate theworst forms ofchild domestic labour.Butnone ofthisled to significantchange . The positivegainsin nationallegislation - in Austria, SouthAfrica, Tanzaniaand a number of LatinAmericancountries, forexample - were largelythe resultof internalmobilisation, of course. What theseexamples showisthat itispossibleto legislate forthissector, and eveninrelatively poorcountries, providing there isthepolitical will.Atthesametime, however, suchlawsas do existoften givedomestic workers lesserrights thanother workers, anditremains anuphill struggletogetgovernments toenforce them. Muchoftheproblem is related to deep-seated viewsofwomen'sroleinsociety. Domestic work - eventhatundertaken in other people'sprivate homesinreturn for payment - issomehowtaken as just'something that womendo',as much'care' or'love'as 'work'. Then,bybeingexcludedfrom thedefinition of 'work',verylittle data is gatheredaboutitssize ,scope and role,oraboutthe workers involved, whichonlyreinforces theidea that they arenotreally making an 'economic contribution ' as such. Evenworse,there isoften little protection from thecriminal physical and psychological violence thatso manydomestic workers suffer. Thereis something verystrange aboutthepsychology of abusing the very person to whom one has entrusted one's mostpreciouslovedones- children ,elders, thesick,thedisabled- nottomentionone 's private property. Among the most notorious employersof domesticworkersare those in the diplomatic corpsworldwidewho use theirimmunity from certain laws oftheir hostcountry to avoidtheir responsibilities as employers. Domesticworkers in diplomatic householdsare oftenallowed in In1948 the ILC suggested thata special instrument was needed forthe world's domestic workers,butuntil now no such step was taken CELIA MATHER isaUK-based writer on global labour issues, including for the IDWN/IUF. Page 17Volume 17Issue 42010 INTERNATIONAL union rights REPORT□ DOMESTICWORKERS Thereis stilla chance thatthe conventionwillbe rejected. Some governmentsand employersare hostile onlyon a visawhichtiesthemto thatfamily or thatcorps.Iftheyrunfrom abuse,theyimmediatelybecome 'illegal',homelessand destitute. Plustheemployer mayhaveseizedtheworker's passport, even thoughthatis illegalinternationally .Butfewhostgovernments seem willing to takeup a domestic worker's case witha foreign embassyon theirsoil,forfearof spoilingtheir 'international relations '. Despitethegraveneed forprotection, thisis nota sectoreasilyorganisedintotradeunions. One obvious reason is the isolationof many domestic workers in theprivate homesof their employers, where theylive as well as work. Elsewhere, unionsmight be grappling withthe factthatmanydomestic workers do nothave a single employer, but are part-time for many households eachweek.Someunionswouldalso be amongthosedisregarding thisworkthrough their owngenderdiscrimination. Another important factor istherecent rapidrise ofmigration. Therehavelongbeen internal and external migrants in thissector, as womenfrom poorcommunities seek a living. Butnow literallymillions ofwomenareleavingtheir own familiesandcommunities , sometimes fordecades,to meettheneedsofother families infarofflands. The MiddleEastin particular is absorbing huge numbers from South and South-EastAsia. Governments in thesendingcountries are facilitating thisas theworkers' remittances homehave becomea majorforeign exchangeearner. Gatheringmomentum On the...

Leader or Left Behind: National and International Policies Related to Breastfeeding

The U.S. and international breastfeeding policies over the past 80 years present a pattern of increased protection for women and children that influences breastfeeding acceptance. These begin with the Maternity Protection Convention of the International Labor Organization in 1919 and continue through the relatively recent establishment of the U.S. Breastfeeding Committee. State and U.S. federal laws lag well behind international action, and the U.S. record on adopting international initiatives is poor. Nurses can play an influential role in consciousness raising, policy development, and advocacy for breastfeeding support.

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

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.

International Labour Organization (ILO): Maternity Protection Convention, 2000, and Maternity Protection Recommendation, 2000

Noting the need to revise the Maternity Protection Convention (Revised), 1952, and the Maternity Protection Recommendation, 1952, in order to further promote equality of all women in the workforce and the health and safety of the mother and child, and in order to recognize the diversity in economic and social development of Members, as well as the diversity of enterprises, and the development of the protection of maternity in national law and practice, and

Parental Leave Policies: An Essential Ingredient in Early Childhood Education and Care Policies

Parental Leave Policies: An Essential Ingredient in Early Childhood Education and Care Policies

The International Labour Organisation and Maternity Rights: Evaluating the Potential for Progress

AbstractThis paper analyses the International Labour Organisation’s recent review of its Maternity Protection Convention (No. 103) and Recommendation (No. 95) from a feminist perspective, arguing the need for more comprehensive provisions in a revised convention. It also evaluates the provision of maternity rights in Australia, the Australian government’s position in relation to the ILO convention, and the capacity for international standards to extend maternity rights in this country. It argues that federal law reform is necessary to strengthen women’s maternity rights at work, and notes the importance of ratification of ILO 103 to such an agenda. However, the author is somewhat pessimistic about the immediate prospects both for the extension of standards in ILO provisions, and for substantial progress on maternity rights in Australia.

Symposium on Parental Rights and Work/Family Balance

This symposium draws together a collection of papers that reflect on the potential to extend parental rights for employees and facilitate the combination of work and family responsibilities. The enduring difficulties of integrating paid work with family commitments, and the significance of this tension for the persistence of employment inequalities between men and women, ensure that these are issues of considerable importance in contemporary society. However, policy development and implementation are frequently contested, while barriers such as the gendered division of domestic labour appear almost impervious to change. Nonetheless, policy advances have been made, and much can be learnt from investigating different approaches and the impediments to change. The symposium seeks to make a contribution to this endeavour. The papers included here were initially presented at a workshop held in April 1999 as part of the gender stream of the Reshaping Australian Institutions Project at the Research School of Social Sciences, Australian National University. The workshop was supported by Sociology and Political Science Programs within the Research School, and brought together a range of participants from academia, government and women's organisations. The timing was apposite. It was held a few months prior to the International Labour Conference session at which the Maternity Protection Convention (International Labour Organisation [ILO] Convention no. 103) was to be reviewed. It was also a time when the New Zealand government was faced with a private member's bill proposing paid parental leave--an initiative which, if successful, would have made the absence of paid parental leave in Australia even more conspicuous internationally. Significant changes were also in progress in the United Kingdom, where the Employment Relations Bill 1999 proposed the introduction of parental leave and simplification of existing provisions on maternity rights. In Australia, the Human Rights and Equal Opportunities Commission was conducting the National Pregnancy and Work Inquiry, and the Work and Family Unit within the federal Department of Workplace Relations and Small Business was preparing a report on family friendly employment practices. Several of these issues were discussed at the workshop. Visiting British academic Jill Eamshaw spoke on the difficulties of protecting maternity rights under the complex legislative arrangements that have evolved in the United Kingdom, and the potential of the new legislation to simplify the situation. Jennifer Curtin (University of Canberra) analysed the politics of the New Zealand initiative, Jennifer Earle (Women's Legal Centre) spoke on the ILO deliberations and the need to extend provisions in Australia, and Gillian Whitehouse presented the results of collaborative research with Di Zetlin which sought to identify the distribution of work and family measures in Australian workplaces, and some of the impediments to their implementation. A further issue raised was the development of a Draft Code of Practice and Guidelines on Pregnancy and Work in New South Wales. Philippa Hall, Deputy Director of the NSW Department for Women, informed the workshop of progress on this initiative, which was designed to set out and explain legal obligations as they have been defined in statutes and in case law, and provide guidance in ensuring work and workplaces are safe, fair and consistent with the entitlements of pregnant women and new mothers. The Report of the National Pregnancy and Work Inquiry has subsequently recommended that, once adopted in NSW, the code and guidelines be included in the National Occupational Health and Safety Commission database as a source of practical advice on risk control relating to pregnancy at work, and be reviewed with a view to implementing such a Code nationally (Recommendations 22 and 23 of the Report of the National Pregnancy and Work Inquiry, Human Rights and Equal Opportunities Commission, 1999). …