A/HRC/26/39
loss of income during maternity immediately available to self-employed women,
constituted a breach of article 11 (2) (b) of the Convention.
Care functions
89.
A disproportionate amount of unpaid care work falls on women, limiting women’s
capacity to engage in paid work. This is evidenced in empirical studies which show that
women, whether or not they are in paid employment, spend between twice to four times the
amount of hours on care functions than do men. Up to 90 per cent of home care due to
illness is performed by women and girls.
90.
Unlike women’s reproductive function, care functions do not necessarily have to fall
on women. All forms of care, including childcare, are amenable to social reconstruction,
and indeed in the Nordic countries, which have long pursued a policy of gender equality in
the division of work and childcare functions, the distribution of care work comes close to
parity. Good practice regarding the allocation of care responsibilities, pioneered in the
Nordic countries, encourages men to enter traditionally women’s worlds, both in the family
and in the workplace, thus allowing women to participate and advance in the labour market.
91.
The Working Group considers that the three “Rs” of unpaid care work – recognition,
reduction and redistribution – should be integrated into macroeconomic policy in order to
fulfil women’s right to care services and to facilitate the women’s economic empowerment.
92.
Recognition of unpaid care work entails the imposition, on the international and
constitutional levels, of a state obligation to guarantee an equal distribution of care
functions as a fully-fledged economic and social right. It also signifies the recognition of
care expenses as part of the gross national product, thus requiring integration of the care
economy into the macroeconomy. It necessitates the prohibition of direct or indirect
discrimination on grounds of care functions, as established by the ILO and the European
Court of Justice. Furthermore, it justifies the good practice of recognizing care expenses as
deductible for income tax purposes, since provision of care for dependents is a necessary
expenditure to allow an unpaid caretaker to generate income.
93.
Reducing care work may, especially in developing countries and rural areas, be
achieved by improving the basic infrastructure, including water, sanitation and
transportation.
94.
Redistributing care work involves restructuring the design, funding and delivery of
care by households, markets, the State and civil society so that a disproportionate burden of
unpaid care does not fall on women. The equal sharing of care amongst different actors
requires, on one hand, the sharing of care responsibilities by men as well as women in
households and, on the other, the provision by the State of affordable and accessible care
facilities, including childcare, adequate hospital care and recuperation periods, and facilities
for the care of the disabled and the elderly.
95.
Sharing of care responsibilities within the household should remain a matter of
choice for women and men. For any real choice to be possible, paid care leave must be
available to both parents. The Nordic countries were the first to introduce an independent
paternity leave in order to overcome stereotypes and barriers to men sharing childcare
functions. Such provisions are becoming more common around the world, with increased
awareness of men’s parenting roles and their need to reconcile work and family life.
Paternity leave is usually much shorter than maternity leave and more often unpaid. Some
countries have introduced more gender-neutral parental leave options, and recent best
practice in one Nordic country provides symmetry in childcare leave, with five months for
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