UN Instruments - Maternity

Universal Declaration of Human Rights – article 25.2:

Article 25

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

International Covenant on Economic, Social and Cultural Rights - article 10.2:

Article 10

The States Parties to the present Covenant recognize that:

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

Convention on the Elimination of all forms of Discrimination against Women - preamble, articles 4.2, 11.2 and 12.2:

Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole.

Article 4

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory. 

Article 11

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

   1. To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

   2. To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

   3. To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

   4. To provide special protection to women during pregnancy in types of work proved to be harmful to them. 

Article 12

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Beijing Platform for Action, paragraph 178 (d):

Governments, employers, employees, trade unions and women’s organisations are called to,

4. Eliminate discriminatory practices by employers on the basis of women’s reproductive roles and functions, including refusal of employment and dismissal of women due to pregnancy and breastfeeding responsibilities.