Freedom of choice of employment

Explanatory note

In the sphere of paid work, sources of discrimination in labour law that exclude women from specific types and modalities of work continue to exist. These rules purport to protect women's health or physical integrity, arguments based on stereotypical conceptions of gender that, in many cases, place women in the same category as minors. The CEDAW and other international treaties recognise the right of all persons to choose their profession and employment freely.

Binding ILO Convention

C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

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.

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

Area	Criteria
Freedom of choice of employment	This area has no sub-areas. Indicate whether the Constitution and/or employment legislation recognise the right of all persons to choose their profession and employment freely, as well as the existence of any legal provisions that limit this right for women, particularly those not covered by maternity and breastfeeding protection, or that treat them as minors, or restrict their access to employment on grounds of health or physical integrity.

Area

Criteria

Freedom of choice of employment

This area has no sub-areas.

Indicate whether the Constitution and/or employment legislation recognise the right of all persons to choose their profession and employment freely, as well as the existence of any legal provisions that limit this right for women, particularly those not covered by maternity and breastfeeding protection, or that treat them as minors, or restrict their access to employment on grounds of health or physical integrity.

Recommendations: What criteria are used for the recommendation?

Criterion	Definition	Binding recommendation
Preserve	Where the right of all persons to choose their occupation and employment freely is enshrined in the Constitution and in employment legislation, and there are specific regulatory provisions setting this out in detail.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the right of all persons to choose their occupation and employment freely is enshrined in the Constitution and/or in employment legislation, but there are no specific regulatory provisions to implement it or fully guarantee its exercise on an equal footing.	Promote the formulation of specific regulatory provisions that guarantee the effective exercise of the right to freely choose one’s profession and employment with equal conditions for women and men.
Reform	Where there are existing regulations that need to be amended to ensure the right of all individuals to choose their profession and employment freely.	Reform of any restrictions not forming part of maternity and breastfeeding protection that limit women’s freedom of choice of employment.
Eliminate	Where there are regulatory provisions that run counter to the principle of freedom of choice of employment, and which treat women as minors with regard to employment protection or restrict their choice of employment on the grounds of protecting women’s health or physical integrity, without such restrictions being justified on the grounds of maternity or breastfeeding protection.	Removal of any restrictions not forming part of maternity and breastfeeding protection that limit women’s freedom of choice of employment.