1. Maternity Protection in the Framework of Human Rights
Camille Selleger / IBFAN-GIFA
Presentation S02.3
Symposium 2, Support of breastfeeding in the labour sector
2nd World Breastfeeding Conference
South Africa, December 2016

2. Maternity Protection in the CESCR
CESCR Convention (1966):
art. 9: Right of everyone to social security, including social insurance
CESCR General Comment No. 19 on the right to social security (2008):
Right to social security encompasses the right to access and maintain benefits in order to secure protection, inter alia, from maternity

3. Maternity Protection in the CESCR
CESCR General comment No. 22 on the right to sexual and reproductive health (2016)
§9: The right to sexual and reproductive health, combined with the right to work and just and favourable working conditions, as well as the right to non-discrimination and equality between men and women, requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities

4. Maternity Protection in the CESCR
CESCR General comment No. 23 on the right to just and favourable conditions of work (2016)
§6: In the context of the right to just and favourable conditions of work, the Committee has systematically underlined factors such paid maternity, paternity and parental leave
§44: Legislation should identify entitlements to maternity, paternity and parental leave
§47 (g): Self-employed female workers should benefit from maternity insurance on an equal basis with other workers

5. Maternity Protection in the CEDAW
CEDAW Convention (1979):
art (e): Right to social security in the case of incapacity to work (no mention of maternity)
art (a): Prohibition of dismissal on the grounds of pregnancy or of maternity leave

6. Maternity Protection in the CEDAW
CEDAW General recommendation No. 16 on unpaid women workers in rural and urban family enterprises (1991)
Guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member

7. Maternity Protection in the CEDAW
CEDAW General recommendation No. 34 on the rights of rural women (2016) :
art. 52 (c): Improving rural working conditions, including by providing paid maternity leave and setting living wages, with urgent attention to the informal sector

8. Maternity Protection in the CRC
CRC General comment No. 15 on the right of the child to the enjoyment of the highest attainable standard of health (2013)
§44: Workplace support for mothers in relation to pregnancy and breastfeeding and feasible and affordable childcare services and compliance with the ILO Convention No. 183 on Maternity Protection

9. Maternity Protection in the CRC
CRC General comment No. 16 on State obligations regarding the impact of the business sector on children’s rights (2013)
§54: Introduction of family-friendly workplace policies, including parental leave, support and facilitate breastfeeding and access to quality childcare services

10. Maternity Protection in the reports of the Special Rapporteurs
SR on the Right to Health – Report on health in early childhood (2014)
§64: Ensuring that mothers have an enabling and supportive environment to breastfeed their children is crucial, which includes adequate maternity protection

11. Maternity Protection in the reports of the Special Rapporteurs
SR on the Right to Food - Interim report on nutrition (2016)
§99k: The empowerment of women be firmly embedded within nutrition strategies, for example by providing paid maternity leave

12. Maternity Protection in the reports of the Special Rapporteurs
Joint statement on breastfeeding by UN experts (November 2016)
Women have the right to adequate maternity protection in the workplace
States should ensure that women can benefit from adequate maternity protection in the workplace, including through the promotion of policies that support nursing mothers.

13. Maternity Protection in CRC Concluding Observations
Session 68 (2015): Gambia was recommended to provide maternity leave to all working mothers, including domestic workers; Switzerland was required to consider extending maternity leave to minimum six months
Session 70 (2015): Timor-Leste was encouraged to increase the current maternity leave from three months to six months to support appropriate infant feeding.
Session 71 (2016): Benin was urged to widen the scope of maternity leave regulations to include mothers working in the informal sector.