A/HRC/26/39
3.
Reproduction and care functions
128. It is incumbent upon States and economic decision-makers to integrate the care
economy as an integral part of macroeconomic policy and recognize the right to care
as an economic and social right which requires a social protection floor;
129. States should recognize, reduce and redistribute unpaid care work for children
and other disabled or elderly dependents, by including unpaid care work in gross
national product; allowing deduction of care expenses for tax purposes; improving the
environmental and service infrastructure to reduce private care burdens; and
synchronizing school time with working time;
130.
Paid care leave should be provided on an equal basis to mothers and fathers;
131. Childcare should be guaranteed as a social protection floor and, in addition,
States should encourage community, cooperative, trade union and corporate
initiatives to provide care services;
132. States must prohibit discrimination on grounds of maternity or of care
functions, whether performed by women or men;
133. States must provide paid maternity leave of at least 14 weeks, 6 of which are
mandatory. Such leave should be fully paid and should be funded by social insurance
or public funds. Maternity leave should be provided for women in the informal sector
as well as the formal sector, entrepreneurship, trade and corporate boards.
D.
Older women
134. Provide adequate non-contributory pensions, on an equal basis with men, as a
core social and economic right;
135. Ensure that women are not forced into early retirement; that women who have
been economically active have access to adequate occupational pensions, including by
introducing gender-specific compensatory measures such as accumulation of pension
rights during maternity and childcare absences; unisex calculation of benefits;
equalizing of mandatory retirement age and mandatory joint annuities.
E.
Violence against women
136. Eliminate all laws which discriminate against women by punishment of
behaviours which are not punished when performed by men or by prescribing
invasion of women’s physical integrity and autonomy;
137. Take preventive measures, deter and severely punish all forms of gender-based
violence and sexual harassment against women in the public arena, including public
transport and services, workplaces, educational institutions, streets and cyberspace,
whether it is perpetrated by state agents or by private persons;
138. Take special measures to prohibit and prevent gender-based violence, including
punishing intercourse with minors as rape, introduction of confidential school
reporting mechanisms, capacity-building for police, child-friendly courts and barring
sexual offenders from teaching.
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