The International Labor Organization and Gender Equality
Gender equality is fundamental to the realization of human rights, benefiting both men and women in society. Its advantages are widely recognized by scholars and governments worldwide, well documented in research, and affirmed by numerous international frameworks as central to both human rights and sustainable development. For example, the Beijing Declaration—unanimously adopted by member nations—advocates for women’s equality before the law (Zaiats, Rega, Boiko, Shlieina, & Toporkova, 2024).
According to the United Nations Universal Declaration of Human Rights and various national constitutions (2000), gender equality—also referred to as sexual equality or equality of the sexes—is the principle that all genders, including men and women, should receive equal treatment and not face discrimination based on gender. This principle is enshrined in international and constitutional law, aiming to establish equality both legally and socially, including in democratic processes and equal pay for equal work. Gender equality requires that men and women enjoy equal access to socially valued goods, opportunities, resources, and rewards. It does not mean that men and women become identical, but rather that their opportunities and life outcomes are equal. In essence, gender equality means that women and men hold the same status (Toporkova, 2024).
The International Labor Organization (ILO) is a United Nations agency mandated to promote social and economic justice through international labor standards. Founded in 1919 under the League of Nations, the ILO currently has 187 member states. Its headquarters are in Geneva, Switzerland, with 40 field offices worldwide. The ILO employs approximately 3,381 staff across 107 countries, of whom 1,698 work in technical cooperation programs and projects.
The ILO has long recognized work-life balance as a cornerstone for achieving gender equality. Women often face disproportionate time spent on domestic duties due to the challenge of balancing paid work with caregiving responsibilities, which limits career advancement. The ILO’s Convention No. 156 on Workers with Family Responsibilities (1981) is a foundational document in this regard, encouraging member states to adopt measures that help workers—especially women—balance professional and family responsibilities without discrimination (Razavi, 2020).
Key ILO provisions and recommendations include:
Maternity protection (Article 9): It is unlawful for an employer to terminate a woman’s employment during pregnancy or maternity leave. The burden of proving that dismissal is unrelated to pregnancy or childbirth rests with the employer. Women are guaranteed the right to return to the same or an equivalent position with equal pay after maternity leave. Additionally, member states must ensure that maternity does not become a source of employment discrimination, including by prohibiting pregnancy tests as a condition for employment, except where national laws restrict certain work for pregnant or nursing women.
Flexible working arrangements: The ILO advocates for flexible hours, telecommuting, and part-time work to help working parents—especially women—manage domestic responsibilities without sacrificing their careers.
Affordable maternal and childcare services: The ILO encourages member countries to establish affordable maternal services to ensure proper medical care during pregnancy. Countries have introduced various childcare delivery models, including employer-led workplace provisions, tax-funded state provisions, and childcare cooperatives. Cooperatives have proven viable in areas lacking mainstream childcare, such as rural areas or for informal workers, offering flexibility and responsiveness to local needs. Some cooperatives are multipurpose, serving diverse populations including the elderly, children, adolescents, and persons with disabilities or illnesses (O’Brien, 2012).
Convention No. 111 on discrimination: This convention promotes equal opportunities and treatment in employment regardless of race, sex, political opinion, social origin, or color. Many countries have ratified this convention, signaling commitment to equality and fair treatment in the labor market. However, implementation varies depending on legal, cultural, and economic contexts. While progress has been made, discrimination based on gender, race, or disability persists in many regions, with marginalized groups facing systemic barriers. Continued efforts by the ILO, governments, and civil society are essential (Boris & García, 2021).
These ILO principles have influenced national legislation, including in Uganda. The 1995 Constitution of Uganda states that all persons are equal before and under the law in all spheres of political, economic, social, and cultural life, and shall enjoy equal protection of the law. It prohibits discrimination on grounds of sex, race, color, ethnic origin, tribe, birth, creed, religion, social or economic standing, political opinion, or disability. Regarding public service, Article 144 allows an officer to retire at any time after age 60, and the Constitution outlines grounds for vacating office, including inability to perform duties, misbehavior, or incompetence. Article 173 reinforces equality and freedom from discrimination for all citizens and public servants.
The Constitution also protects public servants from unjust termination. Disciplinary actions must follow proper procedures under Article 166, with the Public Service Commission empowered to exercise disciplinary control. The ILO further advocates for the right to a fair hearing before any dismissal or punishment. This includes the right to a fair, speedy, and public hearing before an independent tribunal; presumption of innocence; timely notification of charges; adequate time and facilities for defense; legal representation (at state expense for capital or life imprisonment cases); interpreter assistance; and the ability to examine witnesses. Under Uganda’s 1973 act, no public officer may be punished without just cause and adherence to natural justice, as outlined in Articles 42 and 128. This removes any presidential prerogative to dismiss public servants without justification and ensures that public servants, like all citizens, can challenge administrative decisions that fail to meet minimum fairness standards.
Finally, gender mainstreaming is a key ILO strategy for promoting gender equality. This involves integrating gender considerations into all aspects of policy, planning, and programming to achieve gender-neutral outcomes. The ILO runs capacity-building programs for governments, employers, and workers to raise awareness and implement gender-sensitive policies. In Uganda, one example of gender mainstreaming is the fight against female genital mutilation (FGM). Though practiced in various parts of Africa, including eastern Uganda, FGM is prohibited by the Convention on the Elimination of All Forms of Discrimination against Women (ratified by Uganda in 1985), as interpreted by the CEDAW Committee. The African Commission on Human and Peoples’ Rights has also noted the persistence of harmful traditional practices such as FGM.
