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The International Labour Organisation and Maternity Rights: Evaluating the Potential for Progress

Published online by Cambridge University Press:  01 January 2023

Jenny Earle
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Abstract

This paper analyses the International Labour Organisation’s recent review of its Maternity Protection Convention (No. 103) and Recommendation (No. 95) from a feminist perspective, arguing the need for more comprehensive provisions in a revised convention. It also evaluates the provision of maternity rights in Australia, the Australian government’s position in relation to the ILO convention, and the capacity for international standards to extend maternity rights in this country. It argues that federal law reform is necessary to strengthen women’s maternity rights at work, and notes the importance of ratification of ILO 103 to such an agenda. However, the author is somewhat pessimistic about the immediate prospects both for the extension of standards in ILO provisions, and for substantial progress on maternity rights in Australia.

Type
Symposium on Parental Rights and Work/Family Balance
Information
The Economic and Labour Relations Review , Volume 10 , Issue 2 , December 1999 , pp. 203 - 220
Copyright
Copyright © The Author(s) 1999

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Footnotes

*

Women’s Legal Centre, ACT and Region, (to July 1999). This paper draws on research conducted by the author for the National Women’s Justice Coalition’s submission to the International Labour Conference’s 87th session, 1999. In writing that submission I was particularly grateful for comments and assistance from Ruth Jost (Equal Pay Watch), Caroline Alcorso, Alex Heron, Joanna Longley, Deb Brennan (Department of Government, University of Sydney), Dell Horey (Maternity Alliance), Therese MacDermott (Faculty of Law, University of Sydney), Julie Greig (Nursing Mothers Association), Helen Glezer (Australian Institute of Family Studies), Susan Biggs (Families At Work). I would like to thank Gillian Whitehouse for her invaluable assistance in preparing this article for publication.

References

ABS, The Labour Force, Australia, Catalogue no. 6203.0 (various years)Google Scholar
ABS, The Labour Force Status Survey, Catalogue no. 6224.0 (June 1997)Google Scholar
ABS, Weekly Earnings of Employees, Catalogue no. 6310.0 (August 1997)Google Scholar
ABS, Labour Mobility, Catalogue no 6209.0 (110), (February 1994)Google Scholar
ACIRRT (1998), Agreements Database and Monitor, Report No. 16, Australian Centre for Industrial Relations Research and Training, Sydney.Google Scholar
Baker, M. (1997), ‘Parental Benefit Policies and the Gendered Division of Labour’, Social Science Review, 11(1), March, pp. 51–71.Google Scholar
Baker, M. (1995), Canadian Family Policies: Cross National Comparisons, University of Toronto Press, Toronto.CrossRefGoogle Scholar
Bittman, M., Pixley, J. (1997), The Double Life of the Family, Allen and Unwin, Sydney.Google Scholar
Brennan, D. (1998), The Politics of Australian Childcare, 2nd edition, Cambridge University Press, Melbourne.CrossRefGoogle Scholar
de la Cruz, H.G.B., von Potobsky, G., Swepston, L. (1996), The International Labor Organization: the International Standards System and Basic Rights, Westview Press, Boulder (Colorado) and Oxford.Google Scholar
Glezer, H. (1988), Maternity Leave in Australia, Employee and Employer Experiences, Australian Institute of Family Studies Monograph No. 7, Melbourne.Google Scholar
HREOC (1999), Pregnant and Productive: It’ a right not a privilege to work while pregnant, Report of the National Pregnancy and Work Inquiry, Human Rights and Equal Opportunities Commission, Sydney.Google Scholar
Hunter, R. (1996), ‘Part-time work and indirect discrimination’, Alternative Law Journal, 21 (5), pp. 220–222.Google Scholar
ILC (1999), Report of the Committee on Maternity Protection, International Labour Conference 87th Session, Geneva.Google Scholar
ILO (1999), Maternity Protection at Work, Report V(2), International Labour Office, Geneva.Google Scholar
ILO (16/2/1998), Press Release, International Labour Office, Geneva.Google Scholar
ILO (1997), Maternity Protection at Work, Report V(1), International Labour Office, Geneva.Google Scholar
Jones, E.G., Matheny, R.J. (1993), ‘Relationship between infant feeding and exclusion rate from childcare because of illness’, Journal of the American Diet Association, 93 (7), pp. 809–811.CrossRefGoogle Scholar
MacDermott, T. (1997), ‘Linking Gender and Superannuation’, International Journal of Discrimination and the Law, 1997, 2, pp. 271–297.Google Scholar
MacDermott, T. (1996), ‘Who’ rocking the cradle’, Alternative Law Journal, 21 (5), pp. 207–212.Google Scholar
McDonald, P. (1998), ‘Contemporary fertility patterns in Australia’, People and Place, 6 (1), pp. 1–13.Google Scholar
Morehead, A., Steele, M., Alexander, M., Stephen, K., Duffin, L. (1997), Changes at Work: the 1995 Australian Workplace Industrial Relations Survey Addison Wesley Longman, South Melbourne.Google Scholar
National Association of Community Based Children’ Services (1997) Cost versus Quality, NACBS, Canberra.Google Scholar
NHRMC (1984), Guidelines to Promote Breastfeeding and Implement WHO International Code of Marketing of Breastmilk Substitutes, National Health and Medical Research Council, Canberra.Google Scholar
NWCC (1993), Paid Maternity Leave, A Discussion Paper on Paid Maternity Leave in Australia, National Women’ Consultative Council, Australian Government Publishing Service, Canberra.Google Scholar
NWJC (1999), Submission to the International Labour Conference 87th Session National Women’ Justice Coalition, Canberra.Google Scholar
OECD (1988), Employment Outlook, Organisation for Economic Cooperation and Development, Paris.Google Scholar
Palmer, C. (1998), Legal rights to child friendly working hours, Legal Action Group London.Google Scholar
Ruskin, N., Smith, L. (1988), ‘The Role and Impact of International Labour Organisation Standards in the Australian Workplace’, Journal of Industrial Relations, Vol 40 (2), pp. 314–325.Google Scholar
Tasker, G., Siemon, D. (1998), Is Child Care Affordable? Pressures on Families and their use of Formal Long Day Care, Brotherhood of St Laurence and Community Child Care, Melbourne.Google Scholar
UNICEF (1990), Innocenti Declaration on the Protection, Promotion and Support of Breastfeeding, United Nations Children’ Fund, New York.Google Scholar
Whitehouse, G. and Zetlin, D. (1999), ‘Globalization and the Pursuit of Pay Equity: Contradictory Pressures in the Australian Case’, in Edwards, P. and Eiger, T. (Eds) The Global Economy, National States and the Regulation of Labour Mansell’ London & New York.Google Scholar
Work and Family Unit (1999), Work and Family State of Play, Department of Employment, Workplace Relations and Small Business, Canberra.Google Scholar