International Labour Organization World trends on maternity protection and maternity insurance Study Visit of the Social Insurance Fund of the Federation of Russia Geneva, 28 September 2015 Laura Addati, Conditions of Work and Equality Department Emmanuelle St-Pierre Guilbault, Social Protection Department 1

Outline Maternity protection for the ILO Global trends in maternity protection and maternity insurance Challenges and opportunities for enhanced protection 2

The need for maternity protection  High maternal and infant mortality and morbidity, exacerbated by HIV and AIDS  SDG 3:Ensure healthy lives and promote wellbeing for all at all ages  Poverty and social vulnerability due to maternity-related income loss and health risks  SDG 5: End poverty in all its forms everywhere  SDG 10: Reduce inequality within and among countries  The best infant feeding options are not guaranteed → child malnutrition  SDG 2: End hunger, achieve food security and improved nutrition and promote sustainable agriculture  Gender inequality in the labour market  SDG 1: Achieve gender equality and empower women and girls  SDG 10: Reduce inequality within and among countries 3

Maternity protection - core elements Maternity Protection Cash and medical benefits Health protection at the workplace Employment protection non- discrimination Breastfeeding arrangements at work Maternity leave 4 International instruments: -UDHR -ICESCR -CEDAW -CRC -ILO C183&R191, C102, R202 Regional instruments: -European Code of Social Security -Euopean Social Charter Regional instruments: -European Code of Social Security -Euopean Social Charter

Maternity protection in ILO standards  Maternity Protection Convention, 1919 (No. 3)  Social Security (Minimum Standards) Convention No. 102, part VIII  Maternity Protection Convention, 1952 (No. 103)  Workers with Family Responsibilities Convention, 1981 (No. 156)  Maternity Protection Convention, 2000 (No. 183) and Recommendation (No. 191)  Social Protection Floors Recommendation, 2012 (No. 202)  Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204) 5

International obligations Federation of Russia  Maternity Protection Convention (Revised), 1952 (No. 103): ratified in 1956  Workers with Family Responsibilities Convention, 1981 (No. 156) : ratified in 1998  European Social Charter, 1961: ratified in 2009  International Covenant on Economic, Social and Cultural Rights, 1966: ratified in 1973  Convention on the Elimination of All Forms of Discrimination Against Women, 1981: ratified in 1981  Convention on the Rights of the Child, 1990: ratified in

Who should be protected: C183 (maternity protection) and R202 (national social protection floors) Maternity cash and medical benefits: all employed women, including those in atypical forms of dependent work (art. 2, C183) - and the wives of employed men for medical benefits Essential health care, including maternity care: all residents and children (par. 5.a, R202) Basic income security in case of maternity: all residents in active age who are unable to earn sufficient income (par. 5.c, R202 ) 7

Who is protected - global trends The vast majority of women in employment worldwide are still not protected 35.3% of employed women are legally entitled to periodic cash benefits during maternity leave – In 55 countries out of 188 (67 countries when voluntary coverage is included), more than 90 per cent of women in employment enjoy a legal right to cash maternity benefits on a mandatory basis – In 25 countries, mostly sub-Saharan Africa, under 10 per cent of women in employment are entitled to cash maternity benefits. – When including voluntary coverage, legal coverage goes up to 56.8 per cent World Social Protection Report, ILO 2014

Women coverage in law (maternity cash benefits) World Social Protection Report, ILO 2014

Who is protected - global trends In practice, however… 28.4 per cent of employed women worldwide are effectively protected in maternity through contributory or non-contributory cash benefits. – In much of Africa and South Asia, a small minority of women in employment (less than 10 per cent) are effectively protected through contributory or non-contributory forms of cash maternity benefits – Due to employers’ liability schemes, lack of implementation or enforcement of the law, prevalence of informality and ineffectiveness of voluntary provisions – Coverage of more than 90 per cent of employed women is reached in only 21 countries, most of them in Europe. World Social Protection Report, ILO 2014

Women coverage in practice (maternity cash benefits) World Social Protection Report, ILO 2014

The core elements of maternity protection Maternity Leave Cash and medical benefits Health Protection at work Employment Protection and Non-discrimination Breastfeeding arrangements 12

Maternity Leave  Not less than 14 weeks (18 weeks in R191).  Maternity leave can be taken as combinations of pre- and post-natal leave.  Compulsory postnatal leave of 6 weeks.  Additional leave in case of illness, complications or risk of complications Convention No. 183, Articles 4 and 5 13

Maternity Leave – global trends

15

The core elements of maternity protection Maternity Leave Cash and medical benefits Health Protection at work Employment Protection and Non-discrimination Breastfeeding arrangements 16

Maternity cash benefits Not less than 2/3 of previous earnings (100% in R191) Financed by contributory social security And by taxed financed social security (social assistance) – Where a woman does not meet the qualifying conditions, subject to a means test Convention No. 183, Article 6 17

Maternity cash benefits - global trends 96 countries out of 188 (51%) provide at least 14 weeks’ paid maternity leave, with a benefit of at least 2/3 of earnings (C. 183) – 31 countries: 18–26 weeks – 10 countries: over 26 weeks 59 countries (31,4%): 12–13 weeks paid maternity leave with a benefit of at least 50% (C.102) 31 countries (16,5%): paid maternity leave is less than 12 weeks 18

Maternity cash benefits - global trends World Social Protection Report,ILO 2014

Source of funding maternity cash benefits 20

Compliance with C183 leave duration, amount, funding Source: ILO, 2014 “Maternity and paternity at work. Law and practice across the world” 21

Medical benefits Provisions: Prenatal, childbirth and postnatal medical care for the mother and her child Hospitalization care, when necessary Convention 183, Article 6, para 7 22

The core elements of maternity protection Maternity Leave Cash and medical benefits Health Protection at work Employment Protection and Non-discrimination Breastfeeding arrangements 23

Health protection at work Provisions: Pregnant or breastfeeding women shall not be obliged to perform work prejudicial to the health of the mother or the child. Adopt appropriate protective measures after consulting employers’ and workers’ organizations. Convention No. 183, Article 3 24

Health protection at work Protective measures: Avoidance of dangerous and unhealthy work When significant risk exists, an alternative: 1. Elimination of risk; 2. Adaptation of conditions of work; 3. Transfer to another post, without loss of pay; or 4. Paid leave. Right to return to her job or an equivalent job Recommendation No. 191, Paragraph 6 (2) and (5) 25

Health protection at work - global trends – 81 countries prohibit night work (30 for all women) – 49% prohibit dangerous work (half for all women) – 74% no time off for prenatal medial care (90% in Africa) 26

The core elements of maternity protection Maternity Leave Cash and medical benefits Health Protection at work Employment Protection and Non-discrimination Breastfeeding arrangements 27

Employment Protection and Non-discrimination Provisions: Guaranteed right to return to the same job or an equivalent one paid at the same rate Ensure that maternity does not constitute a source of discrimination in employment, including access to employment  Prohibition of pregnancy testing Protection against discriminatory dismissal  Burden of proof on the employer Convention No. 183, Articles 8 and 9 28

Employment protection and non-discrimination - global trends – 145 countries prohibit discrimination based on maternity – 38% of countries place burden of proof on the employers – In 56% of countries no provision for right to return to work (74% in Africa) 29

The core elements of maternity protection Maternity Leave Cash and medical benefits Health Protection at work Employment Protection and Non-discrimination Breastfeeding arrangements 30

Breastfeeding arrangements Provisions: Right to one or more daily breaks or reduction in working time for the purpose of breastfeeding. Period, length and number of breaks are decided nationally. Nursing breaks and working time reductions are to be counted as working time and remunerated. Convention No. 183, Article 10 Whenever practicable, establishment of nursing facilities under adequate hygienic conditions at or near the workplace. Recommendation No. 191, Paragraph 9 31

Breastfeeding arrangements - global trends – 71% of countries provide paid breaks or paid reduction of working hours – Two-thirds of countries without provisions (26) are in Africa, Asia and the Caribbean. In Africa, 20% do not provide for breaks. – 66% of countries provide for durations between 6 and 23 months – 31% of countries (50) provide for the establishment of workplace facilities 32

Challenges Huge gaps in financial protection remain – women out of formal employment or with no income on the labour market are not covered by employment related contributory schemes, or incapable of contributing to voluntary schemes – where women are protected by law, they are not always in practice Access to appropriate and affordable quality health care services is still uneven and far from universal in many low and middle income countries. – Maternal mortality rates are very high: nearly 800 million die every day in childbirth with inequalities between urban and rural areas – Lack of universal coverage, available care and services and financial protection necessary to access maternal health services where they exist 33

Challenges Participation of women in the labour market still lower than men; discrimination against pregnant women and mothers still a reality; many do not enjoy equality of treatment and opportunities in employment and occupation Family units and roles are changing; the sole provision of maternity insurance leaves primary caregivers other than biological mothers without much needed leave and financial protection to cope with their family responsibilities The world of work is still a dangerous place for pregnant and breastfeeding women in many countries around the world 34

…and opportunities They present opportunities for maternity protection schemes to expand in scope and protection, guided by ILO standards and are being tackled in countries around the world: Extension of the scope of maternity coverage to categories of women who were previously unprotected, through adapted administrative procedures, benefits and contributions, taking into account their contributory capacity – C.183, R. 202, R.204 – E.g. Australia, Brazil, Chile, Costa Rica, Jordan and South Africa Introduction or extension of non-contributory maternity benefits to women workers in the informal economy or poor women in general – C.183, R.202, R.204 – e.g. Argentina, Bangladesh, the Plurinational State of Bolivia, India and Indonesia 35

Opportunities Combination of cash transfers with measures to promote the utilization of maternal care services, to encourage breastfeeding and improve nutrition – C. 156, R. 202 – e.g. Bangladesh, Bolivia, Ghana, India and Indonesia). Extension of the duration of paid maternity leave in law and increase of the benefit level – C.183, R.191 – e.g. Chile China, Colombia, Malta and the Bolivarian Republic of Venezuela Increase of the minimum rate of benefit levels and indexation mechanisms (e.g. Finland and Ireland). – C.183, R.191 – (e.g. Finland and Ireland). 36

Opportunities Introduction of paternity leave and/or parental leave to best meet the circumstances and needs of families – C.156, R.191 – Paternity leave: e.g. Bulgaria, Latvia, Portugal, Slovenia – Parental leave: e.g. Germany, Norway, Russian Federation Strengthening complementary provisions relating to assistance for mothers wishing to (1) return to work and those relating to (2) childcare facilities – C.156, R.202 – e.g. (1) Japan, Russian Federation; (2) Australia, Italy 37

For more information 38 Maternity and paternity at work: Law and practice across the world ILO, 2014 Social Protection for Maternity – Key policy trends and statistics ILO, 2015 World Social Protection Report ILO,