Maternity
Protection at the Workplace
Ratifying ILO Convention 183
UNICEF and the World
Health Assembly recommend exclusive breastfeeding for the first
six months of a baby's life, followed by sustained breastfeeding
with complementary foods. This recommendation has been shown to
have many health benefits, including reducing the incidence and
severity of diseases such as acute respiratory infections and
diarrhoea. For mothers, some of the benefits of breastfeeding
include lower rates of anaemia, pre-menopausal breast cancer and
epithelial ovarian cancer, fewer bone fractures later in life,
and longer intervals between births.
For many working mothers
around the world, the period of maternity leave is inadequate
for putting these recommendations into practice and many women
have no maternity protection at all.
In 1919, the International
Labour Office adopted the first Maternity Protection Convention,
1919 (No 3) which has been (and still can be) ratified by 33 countries;
it was followed, in 1952, by Maternity Protection, 1952, (No 103)
which 37 countries ratified over the years. The revision of the
latter began in 1999, and, after a two-year process, on 15 June
2000, Maternity Protection Convention, 2000 (No 183) and Recommendation
191 were adopted by 304 votes (22 were against; 116 abstained).
From this point on, Member States have become the actors, as it
is up to them to choose to ratify, or not, the new Convention.
Indeed, it enters into force precisely (and only) one year after
two countries have ratified it. Upon ratifying a Convention, Member
States pledge to adapt their national legislation to that of the
Convention, and to implement these new laws.
It is therefore
extremely good news to announce that on 7 February 2002, Convention
183 will be enforced, as Italy, following the path of Slovakia
(who had ratified it in December 2000), ratified the Convention
at the beginning of February 2001.
Revising Conventions
is a long, slow process, and an exceptional event: it was therefore
of the utmost importance that Convention 183 ensure the best possible
protection for mothers and for infants: it was necessary to aim
for the long-term, and to keep in mind all levels of society and
all forms of work. The new Convention had to reflect both the
present and the future realities of women in their roles as mothers
and as workers. In order to meet these objectives, in 2000, a
campaign to strengthen Convention 183 was organised by the Maternity
Protection Coalition (or MPC) - a coalition of breastfeeding advocates
concerned with the health and well-being of mothers and their
babies - together with workers' organizations.
Maternity Protection
Convention, 2000 (No 183):
The following articles
highlight the Convention's greatest gains:
Art. 2.1:
"This Convention applies to all employed women, including
those in atypical forms of dependent work": (all women
sharing an employment relationship with an employer, including
oral contracts; therefore, self-employed women and other independent
women are not included, nor, in many cases, are women working
for a family enterprise; "atypical" refers to
part-time work, seasonal work, etc.);
Art. 4.1:
"A woman to whom this Convention applies shall be entitled
to a period of maternity leave of not less than 14 weeks"
(instead of 12 in Convention 103).
Art. 4.4:
"Maternity leave shall include a period of six weeks compulsory
leave after childbirth";
Art. 6.3:
"Where, under national law or practice, cash benefits paid
with respect to leave are based on previous earnings, the amount
of such benefits shall not be less than two-thirds of the woman's
previous earnings";
Art. 8.2: "A
woman is guaranteed the right to return to the same position or
an equivalent position at the same rate at the end of her maternity
leave";
Art. 10.1:
"A woman shall be provided with the right to one or more
daily breaks or a daily reduction of hours of work to breastfeed
her child".
Art. 10.2:
"These breaks or the reduction of daily hours of work shall
be counted as working time and remunerated accordingly".
More than ever at this
time of intense competition in the global marketplace, IBFAN and
its partner organizations are committed to promoting the highest
possible standard of protection for working women. We are extremely
proud that Maternity Protection Convention, 2000 (No 183) has
been adopted and that it will be entering into force relatively
soon. But we must continue our work with our social partners to
ensure that it is ratified by as many ILO Member States as possible.
What to do now:
More information concerning
future advocacy and action of the Maternity Protection Coalition
will be posted on this site. However, IBFANers can, as a group
or as individuals, do the following towards getting their country
to ratify:
-
spread the word
about how maternity protection benefits all of society: women
and men, employees, employers, governments; and distribute
documentation on the issue;
-
urge national
Ministries of Health and of Labour to meet together and to
discuss the benefits of good maternity protection; examine
present national legislation and compare it to Convention
183;
-
meet with trade
unions and devise plans with them to campaign for ratification
within one's country;
-
inform women and
their families of their existing rights; sensitise the whole
community and monitor application of present legislation;
organise information meetings as well as press campaigns (TV
shows, talks on radio, articles in newspapers...);
-
continue to inform
IBFAN-GIFA about all progress accomplished (email: info@gifa.org).
Members of the Maternity
Protection Coalition:
-
IBFAN
- International Baby Food Action Network
-
ILCA
- International Lactation Consultant Association
-
LINKAGES
-
WABA - World Alliance for Breastfeeding Action
With technical support
from:
For more information:
-
Visit the ILO website:
www.ilo.org (click: international
labour standards and then choose desired option: ratifications
of last 12 months or texts of conventions and recommendations
and comments);
-
See the International
Confederation of Free Trade Unions lobbying kit, Maternity
Protection 2000: It's for All of Us, on www.icftu.org
;
-
Visit the Public
Service International website, www.world-psi.org/psi.nsf/action;
-
Read July-August
2000 issue of BFHI News, The Baby-Friendly Hospital Initiative
Newsletter, "Maternity Protection Convention, a victory
for breastfeeding advocates" on www.unicef.org/bfhi/.
-
Visit the WABA
ILO campaign page: www.waba.org.my/ilopage.htm.
-
Sign
up to receive email alerts when new information is posted
on the IBFAN website.
Briefing paper posted
6 June 2001.
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