Maternity protection policies of ILO Country level implementation Challenges and opportunities Maryse Arendt - Initiativ Liewensufank GIFA Geneva Infant Feeding Association International Baby Food Action Network IBFAN Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

What is ILO? Founded in 1919 ILO is the International Labour Organization ILO is a specialized agency of the United Nations ILO brings together governments, employers and workers representatives of 187 member States, This only tripartite U.N. agency set labour standards, develop policies and devise programmes promoting decent work for all women and men. Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Maternity protection has two aims to preserve the health of the mother and her newborn; to provide job and income security - protection from dismissal and discrimination, - the right to resume work after leave, - maintenance of wages/incomes during leave Second World Breastfeeding Conference 2016 11-14 December 2016 – Johannesburg , South Africa

Why is MP needed Pregnancy and maternity are vulnerable time for working women and their families. Expectant and nursing mothers require special protection to prevent harm to their and their infants' health. They need adequate time to give birth, to recover, and to breastfeed their children and take care of them. MP not only ensures a woman's equal access to employment, it also ensures the continuation of often vital income which is necessary for the well-being and security of her entire family. Protection from job discrimination is a precondition for achieving genuine equality for men and women Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

If women would leave their jobs because of birth, breastfeeding and family responsibilities Loss of workforce – countries and employers need this workforce! Loss of skills loss of economic invest in education Loss of economic security for the women Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

ILO Conventions on Maternity Protection Convention 3 of 1919 (13 Jun 1921) Convention 103 of 1952 (07 Sep 1955) Convention 183 and Recommendation No. 191 of 2000 (07 Feb 2002) Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Convention 3 12 weeks (6 + 6) paid benefits sufficient for the full and healthy maintenance of herself and her child, out of (public funds or a system of insurance) Protection of dismissal during leave allowed half an hour twice a day when BF 34 ratifications http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C003 Second World Breastfeeding Conference 2016 11-14 December 2016 Johannesburg , South Africa

Convention 103 Range of protected women extended 12 weeks (not less than 6 weeks after) paid benefits sufficient for the full and healthy maintenance of herself and her child in accordance with a suitable standard of living. Not less than two-thirds of the woman's previous earnings Medical benefits Protection of dismissal during leave allowed half an hour twice a day when BF to be counted as working hours and remunerated 41 ratifications http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:C103:NO Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Convention 183 Range of protected women extended No discrimination based on maternity 14 weeks (not less than 6 weeks after) paid benefits to maintain herself and her child in proper conditions of health and with a suitable standard of living. Not less than two-thirds of the woman's previous earnings Medical benefits extended Protection of dismissal during leave and right to return woman not meeting conditions for cash benefits shall be entitled to adequate benefits out of social assistance funds allowed breastfeeding time to be counted as working hours and remunerated 32 ratifications (latest Peru and Dominican republic) http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:C183:NO Second World Breastfeeding Conference 2016 11-14 December 2016 Johannesburg , South Africa

Five core elements of maternity protection: Convention No. 183 and Recommendation No. 191 (2000) maternity leave: the woman’s right to a period of rest from work in relation to pregnancy, childbirth and the postnatal period; cash and medical benefits: the mother’s right to cash benefits during her absence for maternity and health care related to pregnancy, childbirth and postnatal care; health protection at the workplace for the mother and unborn child during pregnancy, as well as during breastfeeding; employment protection and non-discrimination: guarantee of the woman’s employment security and the right to return after her maternity leave to the same job or an equivalent one with the same pay after leave. Moreover, a woman cannot be discriminated against while at work or while searching for work because of her reproductive role; breastfeeding arrangements to help workers breastfeed or express milk at the workplace. Second World Breastfeeding Conference 2016 11-14 December 2016 Johannesburg , South Africa

Recommendation No. 191 Further proposals come in a Recommendation added to the convention This recommendation replaces the R095 from 1952 Leave of 18 weeks Full amount of previous earnings Broader definition of medical benefits Leave considered as period of service for the determination of rights. Frequency and length of nursing breaks to be adapted to particular needs. Breastfeeding facilities at the workplace or near by Protection from health hazards at work during pregnancy and breastfeeding http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:R191:NO Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Find out if it is possible to make it a fundamental convention Status of C183 on MP Not a fundamental or core convention Not a governance priority It is a technical convention Find out if it is possible to make it a fundamental convention Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Night work P089 - Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 No night work for women workers during a period before and after childbirth of at least 16 weeks. allow for the lifting of this prohibition at the express request of the woman worker concerned on condition that neither her health nor that of her child will endangered 5 ratifications C089 - Night Work (Women) Convention (Revised) http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:C089:NO Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other conventions 1 C097 - Migration for Employment Convention 1949 to immigrants lawfully within its territory, treatment no less favourable than that of its own nationals: social security, family allowances 49 ratifications C149 - Nursing Personnel Convention, 1977 Nurses shall enjoy conditions at least equivalent to those of other workers in the country with regard to ….., educational leave, maternity leave, sick leave, and social security. 41 ratifications Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other conventions 2 C156 Workers with Family Responsibilities 1981(1983) without conflict between their employment and family responsibilities No discrimination, applies to men and women develop or promote community services, public or private, such as child-care and family services and facilities 44 ratifications C184 - Safety and Health in Agriculture Convention 2001 (2003) Measures to be taken that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health. This does not cover subsistence farming 16 Ratifications Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other conventions 3 C189 - Domestic Workers (DW) Convention, 2011 and Recommendation No. 201 DW who care for families and households, must have the same basic labour rights as those available to others workers 23 ratifications. C110 - Plantations Convention, 1958 and its Protocol of 1982 Afford protection to plantation workers in respect of ….medical care, maternity protection 12 ratifications Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other conventions 4 C177 - Home Work Convention, 1996 To promote equality of treatment between homeworkers and other wage earners in relation to…. maternity protection. 10 ratifications C169 - Indigenous and Tribal Peoples 1989 Workers belonging to these peoples are not subjected to working conditions hazardous to their health, in particular through exposure to pesticides or other toxic substances; 22 ratifications Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other recommendations R204 - Transition from the Informal to the Formal Economy Recommendation, 2015 Progressively extend in law and in practice, to all workers in the informal economy, social security, maternity protection…. R123 Employment (Women with Family Responsibilities) 1965 This applies to men and women workers with responsibilities to their children, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity leave of absence illness of child , parental leave for both parents, flexible working hours http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:R123:NO Second World Breastfeeding Conference 2016 11-14 December 2016 Johannesburg , South Africa

Resources for ILO implementation 1 in English , French , Spanish , Chinese  and Russian (forthcoming) http://mprp.itcilo.org Very comprehensive, for self study or training gives a lot of background information in 3 sections and 15 modules Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Resources for ILO implementation 2 Available in french and english Drafted by the coalition that worked on C183 Common project of IBFAN, ILCA, Linkages and WABA Published in 2007 but Still a good ressource for advocacy and implementation http://www.waba.org.my/whatwedo/womenandwork/mpckit.htm Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Resources for ILO implementation 3 Leaflet and booklets developed by IBFAN Africa Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Other resources on working and breastfeeding Report of a symposium organized by WABA in 2015 with participants from diverse backgrounds and continents Contains presentations, reports of discussion rounds and the Framework for Action on Contemporary Solutions to an Age-old challenge: Breastfeeding and Work http://waba.org.my/stockholm-symposium/wp-content/uploads/2016/03/stockholm_symposium.pdf Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Resources from ILO Publication of ILO in 2014 Overview of maternity, paternity and parental leaves in the world http://www.ilo.org/global/topics/equality-and-discrimination/maternity-protection/publications/maternity-paternity-at-work-2014/lang--en/index.htm It gives an overview on maternity protection in 185 countries and territories. A majority of countries have taken action even if they don’t met C183 Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Joint ILO-UNICEF working paper Supporting workers with family responsibilities: connecting child development and the decent work agenda Published in 2013 - 98 pages http://www.ilo.org/wcmsp5/groups/public/---dgreports/---integration/documents/publication/wcms_217181.pdf Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Implementation of MP Published in 2015 Results of WBTi Detailed results from 57 countries Countries failing to enforce MP Room for improvement More Data: ILO database State of MP by country Chart from WABA 2015 Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Beyond maternity protection 2010 publication Presents diverse workplace initiatives Presents case studies with a lot of practical details. For policy-makers and workplace partners looking for practical solutions for helping working parents with their childcare needs. http://www.ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_110397/lang--en/index.htm Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

ILO follow-up Periodic review: MS to examine periodically, in consultation with the representative organizations of employers and workers, the appropriateness of extending the period of leave or of increasing the cash benefits Database: The ILO webpages provides a picture of the regulatory environment of working time, minimum wages and maternity protection in more than 100 countries around the world. http://www.ilo.org/dyn/travail/travmain.home Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa

Thank you for your attention! Foto Second World Breastfeeding Conference 2016 11-14 December 2016 - Johannesburg , South Africa