Rights (UDIIR) recognizes that regardless of gender, all are equal before the law and all
have the fight to be protected from discrimination.T
In addition, the lnternational Covenant oD Civil and Political Rights (ICCPR) also
prohibits and safeguards all persons from all forms of discrimination. The ICCPR
mandates the state parties to undertake all necessary measures to ensure the rights of
each individrral.s
'fhe Convention on the Elimination ofAll lorms of Discrimination Against Women
(CIIDAW), the most comprehensive interDational agreement on the basic human rights
of womert, recognizes that the role of women in prrrcreation should not be a basis of
discrirni[atiln. Further, the Convention re(x)gnizes that hoth parents have a shared
r(:sponsihility in the upbringing of children.o
Article XI of the CEDAW mandates state parties to undertate all appropriate
measures to eliminate the discrimination of women in the field of emplo]'ment,
partiorlarly on "the right to protection of health and to safety in working conditious,
including the safeguarding of the function of reproduction". To ensure the women's
protection from discrimination, especially on the grounds of maEiage and pregnancy,
member statcs are mandated to:
2(a) To prohibit, subject to the imposition of sanctions, dismissal on the
grounds ofpregnancy or of maternity leave and discrimination in dismissa'ls on the
basis of marital status;
'lb
introduce maternity leave with pay or with comparable social
benefits without loss offormer employment, scniority or social allcwances;
2(b)
2(c) To encourage the provision of the necessary supporting social services
to cnablc parents to combine family obligations with work responsibilities and
participalion in public life, in particular through promoting the establishment and
devclopment of a netlvork ofchild-care facilitics;
2(d) To provide special prctection to women during pregnancy in
work pn-rved to be harmful to them.
tpes of
House Bill No. 4I3, the consolidated substitute bill to House Bills r5z, 472, 481j,
5o9, 58o, 1046, 1382,1644,19a2,2838,3224, 3445, 3513,3645 and 3650, seeks to expand
the maternity leave period to one hundred (1oo) days for both government and private
female workers. The bill also grants an additional optional thirty (3o) day leave without
pay.
The Commission on Human Rights, as a Nrtional [Iuman Rights Institution and a
Geuder Ombud under the Magna Carta of Women, fully supports the passage of House
Bill 4u3 in the tTth Congress. It is high time that the government revisits its policy in
Draternity Ieave to firake it progressive aud bring into realization its obligation to provide
special assistalce and care to motherhood and childhood, thus bringing the country in
Iine witlr the rest of the world.
'lhe maternity lea!'e is used by the mothers to prepare for the coming childbirth
and for their recovery so that they maybe able to proride adequate care for their children
before returning to rvork.'l'he Maternitv l'rotection Convention, 20oo (C183) is the nost
rcccnt international labor standard on maternity protection. Under the revised version of
the Matcmit-v Protection Convention, member states are required to enact measurcs that
TArticle 7 oI the UniversalDeclaration ofHuman RiShts.
8 Article 26 of the lnternational Covenant on Civil and Political Rights.
9 Prcamblc ol lh. Convention on the Elitrination of All Forms of Discrimination Against Women.
)