Care

Explanatory note

In the area of economic autonomy, discrimination against women is rooted in the historical sexual division of labour that predominantly places women in the reproductive sphere and makes them primarily and almost exclusively responsible for unpaid care and domestic work. In this context, legislation can establish rules and laws aimed at balancing the responsibility for this work between the State, the market, the community and families, adopting an approach to the right to care and be cared for that advocates co-responsibility (of the four actors mentioned), universality (guaranteed access and coverage for all citizens) and gender equality (promoting care systems that allow for equal opportunities and responsibilities for women and men).

Binding ILO Convention

C156 – Workers with Family Responsibilities Convention, 1981 (No. 156)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.).

Equality laws: sections relating to the workplace and/or employment.

Family protection laws (Family Codes, care systems) and specific laws on maternity and paternity protection.

Social Security legislation (Social Security Code, General Regulations).

Specific legislation on care measures (remote working, breastfeeding rooms, disconnection from work, etc.).

Sub-areas and criteria: What do we analyse in this area?

Sub-area	Criterion
Recognition of care work	Recognition of the value of care work within national legislation.
Leave for long-term care	The right to long-term care leave for mothers and fathers.
Leave for urgent care	The right to special short-term leave for mothers and fathers in cases of force majeure.
Leave related to breastfeeding	The right to daily breaks or reduced working hours for the purpose of expressing breast milk.
Work-life balance measures in workplaces	Work-life balance measures: The right for workers with dependants to flexible working hours, reduced working hours or remote working options. Care services: The obligation for employers to provide care services or care support benefits for all workers.
Promotion of shared responsibility between women and men	The right to an equal distribution of care work between men and women.

Provisions: What information is included in the comments?

Sub-area	Provision
Recognition of care work	State whether the legislation recognises the value of care work.
Leave for long-term care	Indicate whether the regulations provide for long-term care leave, whether paid or unpaid.
Leave for urgent care	Indicate whether the regulations provide for urgent care leave, whether paid or unpaid.
Leave related to breastfeeding	Assess whether the regulations provide for statutory breaks for breastfeeding, both paid and unpaid.
Work-life balance measures in workplaces	Work-life balance measures: Indicate whether there is legislation governing the right to request flexible working hours, a reduced working week or remote working options for female workers with dependants, as well as for all workers in the same situation. Care services: Specify whether there is legislation establishing an obligation for companies to provide care services or care benefits targeted specifically at female workers, as well as for all workers with care responsibilities.
Promotion of shared responsibility between women and men	State whether the legislation provides for shared responsibility for care work between men and women.

Recommendations: What criteria are used for the recommendation?

Recognition of the value of care work

Criterion	Definition	Binding recommendation
Preserve	Where the economic value of care work is recognised in the legislation.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the legislation partially recognises the value of care work but needs to be strengthened or expanded in scope.	Promote the development of regulations that fully recognise the value of care work.
Reform	Where the legislation fails to recognise care work.	Establish the recognition of care work.
Eliminate	Where regulatory provisions are identified that are contrary to the recognition of the value of care work.	Remove any regulations that limit the recognition of the value of care work.

Leave for long-term care

Criterion	Definition	Binding recommendation
Preserve	Where the right to paid long-term care leave for mothers and fathers is recognised.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the right to long-term care leave for mothers and fathers is recognised, but it is unpaid.	Improve the conditions applicable to long-term care leave to provide for paid leave.
Reform	Where the legislation does not provide for long-term care leave for mothers and fathers.	Introduce long-term care leave for mothers and fathers.
Eliminate	Where regulatory provisions are identified that restrict or hinder access to long-term care leave.	Remove any regulations that limit or exclude the right to long-term care leave.

Leave for urgent care

Criterion	Definition	Binding recommendation
Preserve	Where the right to paid urgent care leave for mothers and fathers is recognised.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the right to urgent care leave for mothers and fathers is recognised, but it is unpaid.	Improve the conditions applicable to urgent care leave to provide for paid leave.
Reform	Where the legislation does not provide for urgent care leave for mothers and fathers.	Introduce urgent care leave for mothers and fathers.
Eliminate	Where regulatory provisions are identified that restrict or hinder access to urgent care leave.	Remove any regulations that limit or exclude the right to long-term care leave.

Leave related to breastfeeding

Criterion	Definition	Binding recommendation
Preserve	Where the right to paid leave or reduced working hours for breastfeeding is recognised.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the right to leave for breastfeeding for leave for mothers and fathers is recognised, but it is unpaid.	Improve the conditions applicable to breastfeeding leave to provide for paid leave.
Reform	Where the legislation does not provide for breastfeeding leave.	Introduce leave for breastfeeding.
Eliminate	Where regulatory provisions are identified that restrict or hinder access to breastfeeding leave.	Remove any regulations that restrict the exercise of the right to breastfeeding leave.

Work-life balance measures in workplaces: Obligations relating to working hours, days and remote working for employees with dependants in their care

Criterion	Definition	Binding recommendation
Preserve	Where the right for all workers with dependants to flexible working hours, reduced working hours or remote working options is recognised.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the right for female workers with dependants to flexible working hours, reduced working hours or remote working options is recognised.	Extend the right to work-life balance measures to working men.
Reform	Where the legislation does not provide for the right for all workers with dependants to flexible working hours, reduced working hours or remote working options.	Introduce work-life balance rights for workers.
Eliminate	Where regulatory provisions are identified that restrict or hinder access for workers with dependants to flexible working hours, reduced working hours or remote working options.	Remove any regulations that restrict access to flexible working hours, reduced working hours or remote working for workers with dependants.

Work-life balance measures in workplaces: Obligations for companies to provide care services or care benefits (for mothers and fathers)

Criterion	Definition	Binding recommendation
Preserve	Where the legislation requires companies to provide care services for their employees.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the relevant legislation requires companies to provide care services, but only for female employees.	Extend the right to care services to guarantee their availability to men.
Reform	Where the legislation does not provide for the right of workers to care services or care benefits from companies.	Establish the provision of care services or care support benefits by companies, for all workers.
Eliminate	Where there are regulatory provisions that restrict or prevent workers from accessing care services or care support benefits provided by employers.	Remove any regulations that restrict workers' access to care services or care support benefits offered by employers.

Promotion of shared responsibility between women and men

Criterion	Definition	Binding recommendation
Preserve	Where the relevant legislation provides for the right to an equal distribution of care responsibilities between men and women.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the legislation recognises shared responsibility for care, but its scope is limited, or it does not fully guarantee the equitable distribution of responsibilities between women and men.	Promote the development of regulations that ensure full shared responsibility for the distribution of care responsibilities between women and men.
Reform	Where the legislation does not provide for the right to an equal distribution of care responsibilities between men and women.	Establish the right to an equal distribution of care responsibilities between men and women.
Eliminate	Where there are regulatory provisions that restrict or impede the sharing of care responsibilities between women and men.	Remove any regulations that limit the sharing of care responsibilities between women and men.