The Universal Declaration of Human Rights, Article 23, says that everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Moreover, everyone has the right to equal pay for equal work as well as a right to just and favourable remuneration. Under the International Covenant on Economic Social and Cultural Rights, States must ensure the equal right of men and women to the rights set out in the Covenant. This includes the right to work. Furthermore, according to Article 10 of the Covenant, States must recognize that working mothers should be accorded paid leave or leave with adequate social security benefits.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) establishes the international standards for eliminating discrimination against women. CEDAW defines discrimination as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Moreover, Article 11 of CEDAW states that Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights. These rights include:

• the right to work as an inalienable right of all human beings;
• the right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
• the right to free choice of profession and employment;
• the right to promotion, job security and all benefits and conditions of service;
• the right to receive vocational training and retraining;
• the right to equal remuneration, including benefits;
• the right to equal treatment in respect of work of equal value;
• right to equality of treatment in the evaluation of the quality of work.

In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties are required to take appropriate measures to prohibit dismissal on the grounds of pregnancy, maternity leave or marital status. States are obliged to introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances. They must encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities. Finally, special protection must be provided to women during pregnancy in types of work proved to be harmful to them.

The International Labor Organization, in Convention No. 111 Concerning Discrimination in Respect of Employment and Occupation, prohibits conduct, practices, or laws that have the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. For the ILO, any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.

Analysis provided by: Maggie Smieszek, Legal Expert.