HUMAN RIGHTS: THE DISCRIMINATION AGAINST WOMEN IN THE WORKPLACE
Introduction
It is the express provision of Article 1 of the Universal Declaration of Human Rights that, all human beings are born free and equal in dignity and rights. The rights of Women are fundamental human rights that are rightly provided by the United Nations for each and every human being in the universe. These rights includes among others: the right to live free from violence; slavery; discrimination; to be educated; the right to own property; the right to participate in politics; right to health; dignity and to earn fair and equal wage. The above are the rights Women are entitled to. But are these rights mentioned enjoyed by women freely?. These rights are yet to be enjoyed by women and girls around the world simply because of their gender.
The Federal Government of Nigeria in the year 2006, adopted a policy called National Gender Policy. The essence of the policy was for the government to be committed in addressing the problems that affects women and to make sure that the mainstreaming of women issues in the formulation and implementation of all policies and programmes. Furthermore, the policy outlines the challenges faced by women in various sectors of economy such as education, health, employment, agriculture, legal reform, legislative protection and in decision making. Every worker has some basic rights in the workplace which are not limited to, the right to privacy, fair compensation, and freedom from discrimination. Women faces a lot of challenges and discrimination in the workplace and this article will focus on some of the laws that talk prohibit discrimination in Nigeria.
Definition of terms
Workman Compensation Act under Section 73 defines the workplace to include any premises or place where a person performs work, needs to be, or is required to be in the course of employment while the Labour Act defines workers as employees who perform manual labour or clerical work while employees are non-workers who perform administrative, executive technical or professional functions.
The Convention on the Elimination of All Forms of Discrimination Against Women defines discrimination against women to mean any distinction, exclusion or restriction that is made on the basis of sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
The challenges faced by female employees in the workplace is the perception of their employers as regards their ability, stability on and commitment to their jobs. Due to family responsibilities which married women shoulder, it is perceived by most employers that women lack commitment to their work and are less productive as compared with the male.
Discrimination can be done against pregnant women or new mothers. Employers may refuse to employ an applicant if they find out that the applicant is married or already pregnant. Employers could deny leave or pass them over for promotions, terminate their employment, or do away with their position while they are on maternity leave. The ILO Maternity Protection Convention 2000 (No 183) provides that women are entitled to 14 weeks maternity leave.
International Legal Framework
The Convention on the Elimination of All Forms of Discrimination against Women
This Convention was adopted in the year 1979 to further reinforce the provisions of existing international Instruments with the aim of eliminating discrimination against Women and to achieve gender equality. The Convention imposes obligations on States to, embody the principle of equality of women and men in their national constitutions and legislation; adopt legislative and other measures prohibiting discrimination against women; effectively protect women against any act of discrimination and provide opportunities for recourse; take measures to modify social and cultural patterns that contribute to discrimination against women; suppress prostitution and trafficking of women; and ensure equality in political and public life, nationality laws, education, employment and labour rights, access to health, finance and social security, legal and civil matters and family law.
The Convention defines discrimination against women in the workplace. State parties to the Convention are to submit report to CEDAW Committee every four years by highlighting the progress and achievements of State parties. Then recommendations will be given by the Committee.
International Labour Organisation
Since 1919, this U.N agency has brought together governments, employers and those who represents workers of member States to set labour standards, make policies and devise programmes that promote decent work for all workers. The ILO with its Member States has developed standards that are in the form of binding conventions and non-binding recommendations.
The ILO has the following conventions with respect to women:
Discrimination (Employment and Occupation) Convention
The Maternity Protection Convention
Termination of Employment Convention
National Legal Framework
The Constitution of Nigeria
Chapter IV of the Constitution guarantees the fundamental rights of all citizens in Nigeria. Section 42(1) provides that no Nigerian shall be discriminated on the grounds of sex, amongst others. The Constitution under Section 17 (3) provides that State shall direct its policy towards ensuring that all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment. It further made provision for equal pay for equal work without discrimination on account of sex.
The Labour Act 2004
Section 55 of the Labour Act provides that women should not be employed on night work in any industrial or agricultural undertaking, except where she is not ordinarily employed in manual labour, but as a nurse or holds a position in management. Section 56 of the Act, exclude women from working underground in any mine and this is subject to the exception stated in subsection (2) of the Act.
The Minister of Labour has powers under section 57 of the Act, to make regulations that will restrict the employment of women in specified industries, undertakings or vocation. Furthermore, Section 58 (2) of the Act, states that anyone gives an employment to a woman and it violates sections 55 (1) or 56 (1) shall be guilty of an offence and on conviction be liable to a fine or to a term of imprisonment or both.
Conclusion
Discrimination against women in the workplace remains a challenging human rights issue that undermines gender equality, economic development, and social justice. Irrespective of the international frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and national laws. These challenges still exist in our society and it hinders women’s full participation in the workforce. To address these issues, it does not only require a robust legal protections but also active measures to be taken by employers, policymakers, and the society at large to foster inclusive and equitable work environments. Talking about empowering women in the workplace is not just referring to a matter of fairness, but for the realization of fundamental human rights.
References:
Universal Declaration of Human Rights
A. B. Oluwatosin and A. O. Ifedolapo, ‘Women, Their Rights, and Workplace Discrimination “https://core.ac.uk “ accessed 20th May, 2025.
The Workman Compensation Act, 2010.
The Labour Act.
The Convention on the Elimination of All Forms of Discrimination Against Women.
A. A., Adejugbe and A. N. Adejugbe, ‘Women and Discrimination in the Workplace: A Nigerian Perspective’ “https://some.com/abtract=3244971” accessed 26th May, 2025.
The 1999 Constitution of the Federal Republic of Nigeria.
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