PROTECTING WOMEN

Azerbaijan has joined 50 conventions on protecting human rights and basic freedoms, and local legislation has been significantly improved as a result. However, these international legal documents do not yet include the Maternity Protection Convention. The International Labour Organization (ILO) recommended that our country join the convention last year. Experts recognize that although women's rights have significantly improved in Azerbaijan problems remain.

Convention needed

Azerbaijani human rights activists say that Azerbai-jan will join the convention in 2008 - the Milli Maclis is already preparing to ratify the Maternity Protection Con-vention, adopted by the ILO on 4 June 1952.

Elmira Allahverdiyeva, an expert in the department for the analytical research of workers' cultural and domestic problems at the Azerbaijani Confederation of Trade Unions, says that if our country adopts the convention, it will help to resolve many problems in women's labour rights. "The rights not only of women but of all workers are very often ignored at private enterprises," Allahverdiyeva said. "Therefore, the Labour Code is regularly updated. The Confederation of Trade Unions is directly involved in this process. Practically every change and addition aimed at improving the social situation of female workers is always agreed with us. Like the Ministry of Labour, we use as our guide the Azerbaijani Constitution and international labour conventions. They help to expand the range of issues covered by the Labour Code, to fill gaps in legislation and build a body of legislation that meets international standards. Here is a recent example - the ratification in the Milli Maclis of the international Maternity Protection Convention, recommended by the ILO, is on the agenda. The document is targeted at preventing discrimination in the work place against breastfeeding mothers and pregnant women. Of course, things are much better in this regard in state organizations than in private enterprises, where it is common knowledge that many workers' rights are ignored. However, this is why deputies are considering the new document, in order to eliminate these distortions."

The problem of women's labour rights was discussed at a conference Changes in the Labour Code. Gender Equality and Women's Problems which was held with the organizational support of the Republican Committee of the Culture Workers' Trade Union. The chairs of commissions on gender equality and women's problems in cultural organizations took part in the conference.

The chairwoman of the Republican Committee, Camila Sattarova, said that commissions created locally hold events on gender equality and educating women about their rights. A number of changes have been made in the Azerbaijani Labour Code to take account of the development of business in our country. The code envisages the creation of equal labour conditions for all workers, regardless of sex, and the guarantee of their social and economic interests. 

Speakers referred to the importance of observing gender equality, cooperation between state structures, employers and committees of independent trade unions to protect women's rights. It was noted that Azerbaijan is cooperating in this sphere with all international organizations. 

What's lacking?

Of course, the Azerbaijani Labour Code includes practically all the maternity provisions that are contained in the ILO Maternity Protection Convention. For example, our legislation enshrines the right to maternity leave, both before and after the birth, and the right to financial and medical assistance in order to ensure good sanitary conditions for the woman and her child and a suitable standard of living. But some points are missing from our legislation. The convention says that medical assistance includes care before, during and after the birth, provided by qualified midwives or doctors, and, if necessary, hospitalization. As far as is practicable, complete freedom is ensured in the choice of doctor and in the choice between state and private medical institutions. Financial benefits and medical assistance are provided either at the expense of the compulsory social insurance system or state funds. In either case they are provided as a right to all women who meet the prescribed conditions. It is clear that today an Azerbaijani woman cannot rely on state maternity benefits for the simple reason that the sums are very small. She has to rely only on her family and of course herself on financial and other issues in organizing the birth. For this provision of the convention to work properly in Azerbaijan, both the amount of maternity benefit and the national social security system need to be reviewed.

The convention also says clearly that if a woman is breastfeeding her child, she has the right to one or more breaks a day, the length of which are set by national legislation. Breaks in work in order to feed a child are considered to be working time and paid as such in instances that are regulated by law or in accordance with it. In cases when the issue is regulated by collective agreements, the situation is specified in the corresponding agreement.

One important point is that it is illegal for an employer to dismiss a woman when she is on maternity leave or if her dismissal will coincide with her maternity leave. This breach of the law occurs quite often in Azerbaijan, even though it contravenes current legislation.

Practically all the main points in maternity protection are included in the Azerbaijani Labour Code, but adopting the ILO Maternity Protection Convention will allow our country to approach this issue more responsibly and to improve local legislation on the basis of international principles. Moreover, by joining this document Azerbaijan will undertake commitments to uphold it before the international community. It's the accountability that is important in the implementation of any legal document. Under the convention every state that ratifies this document should cover in its annual report the application of the convention, the state of its legislation and practice with regard to work and business and the extent to which the convention has been put into practice or is to be put into practice.

Women's issues

That the time is right to adopt the Maternity Protection Convention is confirmed by ILO research which shows that the number of working women is increasing worldwide and that women dominate amongst the poorest workers. "At present more women are working than ever before," the research says, "but the existing difference in status, employment guarantees, wages and educational level of women and men is leading to the 'feminization of working poverty'."

According to the report Global Trends in Women's Employment in 2007, women make up a huge number of participants in the labour market, whether as workers or active job seekers. The ILO calculates that in 2006 1.2 billion of the 2.9 billion workers in the world were women.

Meanwhile, the ILO reports that as of today more women are unemployed than ever before (81.8 million), while those who do work are employed in spheres such as the less productive areas of agriculture and the service sector and are paid less than men who do the same work. The document says that women must be given the opportunity to work for themselves and their families in order to get out of poverty. They need favourable employment conditions which will help them to find productive and profitable work in conditions that observe the rights, security and dignity of the individual. Otherwise the feminization of poverty will continue and pass on to the next generation.

According to the report's data, in many countries women still earn 90 per cent less than their male colleagues. Even in such "typically female" roles as teaching and nursing, there is no gender equality in pay. Nevertheless, today more women can read and write than 10 years ago, although the level of education amongst girls and women in many regions is still not equal. Moreover, 60 per cent of students who give up their studies are girls who are forced to do this in order to help at home. According to information published in the report, by not allowing girls to complete their basic education, material deprivation strips them of the chance to decide their future. There is a trend towards eliminating gender inequality today, but this is happening quite slowly.

The report concludes that "it is possible to create appropriate, beneficial and productive work for women". The document reports some progress in this regard. However, legislators must give their main attention not only to employment as a way to tackle social and economic problems but must also acknowledge that the problems that women encounter on the world labour market call for firm intervention.