E/C.12/GC/19
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forms of work in the informal economy.12 Benefits should be provided to cover periods of loss of
earnings by persons who are requested not to report for work during a public health or other
emergency.
(e)
Employment injury
17. States parties should also ensure the protection of workers who are injured in the course of
employment or other productive work. The social security system should cover the costs and loss
of earnings from the injury or morbid condition and the loss of support for spouses or dependents
suffered as the result of the death of a breadwinner.13 Adequate benefits should be provided in
the form of access to health care and cash benefits to ensure income security. Entitlement to
benefits should not be made subject to the length of employment, to the duration of insurance or
to the payment of contributions.
(f)
Family and child support
18. Benefits for families are crucial for realizing the rights of children and adult dependents to
protection under articles 9 and 10 of the Covenant. In providing the benefits, the State party
should take into account the resources and circumstances of the child and persons having
responsibility for the maintenance of the child or adult dependent, as well as any other
consideration relevant to an application for benefits made by or on behalf of the child or adult
dependent.14 Family and child benefits, including cash benefits and social services, should be
provided to families, without discrimination on prohibited grounds, and would ordinarily cover
food, clothing, housing, water and sanitation, or other rights as appropriate.
(g)
Maternity
19. Article 10 of the Covenant expressly provides that “working mothers should be accorded
paid leave or leave with adequate social security benefits”.15 Paid maternity leave should be
granted to all women, including those involved in atypical work, and benefits should be provided
for an adequate period.16 Appropriate medical benefits should be provided for women and
children, including perinatal, childbirth and postnatal care and care in hospital where necessary.
12
As defined in paras. 29-39 below.
13
See ILO Convention No. 121 (1964) on Employment Injury Benefits.
14
See Convention on the Rights of the Child, article 26.
15
The Committee notes that ILO Convention No. 183 (2000) on Maternity Protection provides
that maternity leave should be for a period of not less than 14 weeks, including a period of six
weeks' compulsory leave after childbirth.
16
See CEDAW, article.11, para. 2 (b).