International labor organization
Gender equality is important to the achievement of human rights that benefits both men and women in society. Many scholars and governments around the world acknowledge the benefits of gender equality and also the benefits of this have been well documented and several international frame works have affirmed its centrality to human rights and sustainable development. Some of the declarations like Beijing declaration unanimously adopted by the friendly nation’s advocates for equality of women before the law (Zaiats, Rega, Boiko, Shlieina, & Toporkova, 2024).
According to United Nations Universal Declaration of Human Rights and the Constitutions of Nations, (2000) Gender equality, sexual equality or equality of the genders, is the view that all sexes, including men and women, should receive equal treatment, and should not be discriminated against based on their gender. This is enshrined in the United Nations Universal Declaration of Human Rights and the Constitutions of Nations, which seek to create equality in law and in social situations, such as in democratic activities and securing equal pay for equal work. Gender equality requires equal enjoyment by women and men of socially-valued goods, opportunities, resources and rewards. Gender equality does not mean that men and women become the same, but that their opportunities and life chances are equal. In a nut shell, Gender Equality means that women and men enjoy the same status (Toporkova, 2024).
The international labor organization is a United Nations agency whose mandate is to enhance social and economic justice by setting international standards. This organization was formed in 1919 under the League of Nations. The international labor organization has 187. The headquarters of ILO are in Geneva, Switzerland with 40 field offices around the world and employs some 3,381 staff across 107 nations of whom 1,698 work in the technical cooperation programs and projects.
The ILO has long recognized the importance of work-life balance as a cornerstone for achieving gender equality. For women, the challenge of balancing paid work with caregiving responsibilities often leads to disproportionate time spent on domestic duties, limiting career advancement. The ILO’s Convention No. 156 on Workers with Family Responsibilities (1981) is a foundational document in this regard. This convention encourages member states to implement measures that help workers, particularly women, balance their professional and family responsibilities without discrimination.
The ILO has emphasized the importance of work life balance as key in enhancing gender equality. ILO recognized that women facing challenges in balancing their family and natural responsibilities like child birth and work as a results ILO urges its member states to enact measures that enables women to develop their professional life without interfering with their work (Razavi, 2020).
Some of these laws that ILO has enacted in its laws are maternity protection laws like in article 9 According to article 9; The international labor organization law states that It shall be unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave referred to in Articles 4 or 5 or during a period following her return to work to be prescribed by national laws or regulations, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing. The burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest on the employer and the article further indicates that a woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave.
International labor organization law further in Article 9 indicates that, Each Member shall adopt appropriate measures to ensure that maternity does not constitute a source of discrimination in employment, including – notwithstanding Article 2, paragraph 1 – access to employment. Measures referred to in the preceding paragraph shall include a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is: (a) prohibited or restricted for pregnant or nursing women under national laws or regulations; or (b) where there is a recognized or significant risk to the health of the woman and child.
Flexible Working Arrangements: The ILO has advocated for the introduction of flexible working hours, telecommuting, and part-time work. These measures help working parents, especially women, manage their domestic responsibilities without sacrificing their careers. ILO has advocated for the introduction of flexible working hours enabling women to work as well as take care of women.
The international labor organization has encouraged member countries to set up affordable and maternal services to enable women to receive proper medical care, this will enable women go to work because when they are pregnant they will be able to receive the necessary medical attention and more to that they will be able to afford their the health services.
Countries have introduced a range of options for the delivery of childcare services including employer-led workplace-based provision and tax funded state provision. Childcare cooperatives are on alternative in the mix. Cooperatives have been found to be viable solution in areas where mainstream provision of childcare does not exist, for instance in rural areas, or for informal workers, and are usually more flexible and responsive to the needs of members and their communities. The types of care provided through cooperatives are different according to local contexts and beneficiaries’ care needs. Furthermore, there are quite a few cases of cooperatives in the care sector which are multipurpose in nature, reflecting the beneficiaries’ various yet overlapping care needs. They provide multiple services to distinct populations including elders, children and adolescent youth, and persons living with disabilities or illnesses (O’Brien, 2012).
The international labor organization also adopted the convention No.111, this convention focused on promoting equal opportunities and treating all people as equal with the right to work, regardless of their race, sex, political opinion, social origin and colour of their skin. Through international labor organization many countries have ratified this declaration. The ratification of this convention by countries shows their commitment to promoting equality and fair treatment in the labor market. However, the implementation of its provisions can vary significantly, depending on a country’s legal, cultural, and economic context. While significant progress has been made in addressing discrimination in employment and occupation, challenges remain. In many parts of the world, discrimination based on gender, race, or disability persists, with marginalized groups often facing systemic barriers to accessing work opportunities. The continued efforts of international bodies like the ILO, along with local governments and civil society organizations, are essential to further combatting these forms of discrimination (Boris, & García, 2021).
Some of these laws enacted by international labour organization on aspects of equality indicating that all people are equal before the law without discrimination has also been further adopted by the Ugandan government as indicated by the 1995 constitution indicating that, the 1995 Uganda constitution, All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. The 1995 amendment of the constitution clearly sets out the retirement age of the public service officer, an officer may retire at any time after attaining the age of 60 years as states in Article 144, and may vacate his or her office after attaining the age at which he or she is required by the constitution to vacate his office. However the constitution also stipulates that the public servant may vacate his or her office; Due to reasons like inability to perform his or her duties, misbehavior and incompetence. The Public Service, being the operational arm of the Government, is charged with the task of analyzing and making decisions, administering public policy, influencing all development efforts, and regulating the balance between state power and state capacity to achieve socioeconomic development.
The 1995 constitution ensures that all the people in Uganda both the public servants and the citizens have equality and freedom from discrimination as stated in Article 173, therefore all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
This constitution further protects public servants from unjust and unfair termination from their official duties. The 1995 constitution also has well laid down steps that can lead to the disciplinary action of a civil servant for example the disciplinary action must be conducted by proper authority under article 166 of the constitution , the public service commission has powers to conduct disciplinary control over all persons who are employed in public service
The international labour organization also advocates for the right of fair hearing before the law and employees in the organization should be given affair hearing before they are either dismissed or given punishment. Right to a fair hearing, In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law. Every person who is charged with a criminal offence shall be presumed to be innocent until proved guilty or until that person has pleaded guilty; be informed immediately, in a language that the person understands, of the nature of the offence; be given adequate time and facilities for the preparation of his or her defence; be permitted to appear before the court in person or, at that person’s own expense, by a lawyer of his or her choice; in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the State; be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial; be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court. Under the 1973 act of the constitution provides for the fact that no public officer will be punished unless the usual procedures which provides that no public officer will be punished without a just cause this article takes away the 1995 presidential prerogative which enabled the president to dismiss public servant without being required to justify his action. Apart from that, this article further implies that a public servant cannot be punished unless the usual procedures which ensure true rules of natural justice are observed under article 42 and 128 of the constitution. This implies that a public servant has the rights like any other person to challenge and administrative decision which will not fulfill the minimum standards of fairness or justice once appointed a public servant that a person is entitled to the protection of the constitution.
Gender mainstreaming is one of the ways that ILO has used to promote gender equality; this involves integrating gender considerations into all aspects of policy, planning, and programming, with the aim of achieving gender-neutral outcomes. Through its gender equality policy, the ILO works to ensure that gender issues are addressed across all areas of work, from employment standards to social protection policies.ly, the ILO runs various capacity-building programs for governments, employers, and workers to raise awareness about gender equality and to equip them with the tools to implement gender-sensitive policies. These programs are essential in changing attitudes and building the necessary skills for the successful implementation of gender equality policies. Some of the ways the government has promoted gender mainstreaming in Uganda is by fighting Female genital mutilation (FGM) , though it a practice widespread in different parts of the world generally and in Africa in particular, and is carried out for different reasons. In Uganda, FGM is practised especially in the eastern part of the country. The African Commission on Human and Peoples’ Rights (African Commission), the enforcement body of the African Charter on Human and Peoples’ Rights, has expressly noted “the persistence of traditional practices that are harmful to women and children in some African countries ([such as female] genital mutilation)”.1 The practice is prohibited by the Convention on the Elimination of All Forms of Discrimination against Women, which Uganda ratified on 22 July 1985, as interpreted by the Committee on the Elimination of Discrimination against Women (CEDAW Committee).
REFERENCES
Boris, E., & García, M. R. (2021). (In) Decent Work: Sex and the ILO. Journal of Women’s History, 33(4), 194-221.
Zaiats, N., Rega, I., Boiko, V., Shlieina, L., & Toporkova, M. (2024). Ensuring gender equality and legal protection of women’s rights: achievements, challenges, and prospects. Multidisciplinary Science Journal, 6.
O’Brien, M. (2012). Work-family balance policies. Background paper. UNDESA, New York.
Razavi, S. (2020). What does the UN have to say about family policy? Reflections on the ILO, UNICEF, and UN women. The Palgrave handbook of family policy, 87-115.
Toporkova, M. (2024). Ensuring gender equality and legal protection of women’s rights: achievements, challenges, and prospects. Ensuring gender equality and legal protection of women’s rights: achievements, challenges, and prospects., 1-7.
Lubin, C. R., & Winslow, A. (1990). Social justice for women: the International Labor Organization and women. Duke University Press.
