Non-discrimination and gender

Violations of women’s rights include discrimination in the right to enjoy equal economic, social and cultural opportunities on account of gender. Violations of women’s rights are a prevalent global problem and take a variety of forms, including trafficking for sexual exploitation, sexual and other violence, harassment, and gender-based discrimination both in and outside of the workplace. Government-sponsored discrimination may render women unequal before the law and unable to equally participate in public life. Government-sponsored discrimination also makes it increasingly difficult for women to access remedies for violations and decreases their ability to access justice. Violence against women can be enacted by family members, other members of society, and in some cases, state officials.

Implications for business

Women experience discrimination in many forms, some of which are as a direct result of a lack of, or lack of implementation of, policies and practices in their workplace. In some countries women are frequently discriminated against and excluded from employment due to their reproductive status, as well as by discriminatory employment laws or discriminatory enforcement of the law. Business can discriminate against women in terms of remuneration and employment opportunities, as well as failing to prevent harassment in the workplace. Discrimination may take the form of lower wages for equal work, discriminatory policies relating to women’s rights to benefits such as maternity leave and pay, and unequal opportunities in recruitment practices. Women also experience sexual harassment and even physical attack in the workplace. Female employees may also experience threat or attack outside the workplace and turn to their employer for help when there are limited alternatives.

The following examples were identified through background research:

  • In June 2007, Human Rights Watch accused the Guinean government of breaching the Convention on the Rights of the Child and all major international and regional treaties on child labour, gender discrimination, and trafficking by neglecting the thousands of girls that work as domestic workers. There were reports that these children work up to 18 hours a day; the majority are not paid; they are not treated when sick and often go hungry; there are also reports of abuse including sexual abuse. There are no rights of redress and these children would not know how to seek assistance in any event.
  • In February 2009, two Pakistani women were killed in the suburbs of Peshawar. A letter was found nearby stating that anyone who spreads “immoralities” will “face the same fate”. A few days previously the Taleban had issued a warning to those involved in “immoralities”.
  • A report released in February 2009 by the Egyptian Centre for Women’s Rights finds that harassment of women in Cairo and surrounding areas is widespread. The report says that 83% of Egyptian women and 98% of foreign women surveyed said that they had been sexually harassed. The report also notes that 62.4% of men surveyed said they had harassed women.

Identifying the dilemma

How does a company respect the right to non-discrimination of women when operating in a country where widespread discrimination and violence against women is culturally and legally entrenched?

The following have been identified as possible components of this dilemma:

  • Discriminatory laws
  • Absence of laws that protect women
  • Societal discrimination
  • Discrimination by authorities
  • Cultural acceptance of discrimination
  • Many women and girls fail to complete an education
  • Harassment and violence against women
  • Lack of equal opportunities for women and men

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