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care for as rights holders. A transformative approach is clearly required under
human rights law, including tackling gender stereotypes and traditional roles. 81
In order to move effectively towards this, State policies must recognize and
value the importance of unpaid care, but without reinforcing care work as
women’s sole responsibility or supporting particular models of the family to the
exclusion of others.
71. As the causes and consequences of unpaid work inequalities are
multilayered, multiple and complementary, policy interventions to effectively
remedy their negative effects will be necessary. The recommendations in the
present report concentrate on the measures that are most likely to be accessible
and effective for women living in poverty. In this regard, the Special
Rapporteur places particular emphasis on the imperative for States to provide
accessible and high-quality public services and infrastructure, in particular in
the most disadvantaged areas. Conversely, the report does not contain detailed
recommendations on issues like parental leave, maternity pay and flexible work
arrangements. Despite the importance of these measures, in the context of
extensively informal employment relations they would not reach the vast
majority of women living in poverty around the world.
72. Both developed and developing countries have voluntarily assumed
international human rights obligations regarding women’s human rights and
gender equality that require them to take immediate actions to address unpaid
care work. Addressing unpaid care is not an option that States can choose to act
upon only after achieving a certain level of development. Still, given the wide
diversity of country contexts, States must consider which specific policy options
are most relevant given the challenges they face in achieving gender equality.
For example, measures related to physical infrastructure and timesaving
domestic technologies may be more of an imperative in low-income countries.
73. In line with the human rights approach, all policies must be participatory
in their design and implementation, provide for accountability and redress
mechanisms and be based on the objective to meaningfully empower women
socially, politically and economically.
A.
Establishing a consistent and comprehensive legal and
policy framework
74. A wide range of laws and legislation are relevant to addressing unpaid
care work. These include employment law, anti-discrimination law, family law,
and legislation focused specifically on carer’s rights. States must go beyond
gender-neutral responses and ensure that laws and policies in all these areas
actively alleviate the disadvantages that unpaid caregivers experience. To this
end, States should develop mechanisms to ensure that laws and policies do not
have unintended adverse effects on unpaid caregivers and do not enforce or
perpetuate gender stereotypes.
75. First, those States that have not ratified the Convention on the
Elimination of All Forms of Discrimination against Women should do so
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See, for example, Convention on the Elimination of All Forms of Discrimination against
Women, article 5.
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