LEGAL ASPECTS OF GENDER EQUALITY IN THE LABOUR MARKET

Abstract

The article elaborates on existing international standards for gender equality in the labour market and the main challenges that cause its insufficient effectiveness. The object of the research is the norms of international law establishing human rights standards related to ensuring gender equality in the labour market at the worldwide level through the UN system and, in particular, such legal instruments as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), and the ILO jurisprudence.

The research methodology is based on a comprehensive approach, including an analysis of acts of international law, case law of relevant international organisations, and authorities. Inter alia the following methods of scientific knowledge were used in the research: (i) general methods, in particular: scientific abstraction, analysis, synthesis, generalisation, comparison, principles of dialectics and formal logic, historical and systemic approaches; (ii) specific methods, in particular: method of comparative legal research.

Based on the research conducted, three main contemporary challenges for the legal regulation of gender aspects of the labour market were identified:

(i) the historically determined predominant use of binary perception of sex as a basis for gender discrimination, including in the labour market. Despite the existence of positive implementation practices of HRC, the ILO and CEDAW legal concepts on sex-based and gender-based discrimination should be further developed through both holistic theoretical analysis and the incorporation of relevant legal norms into acts of “hard” international law;

(ii)  the legal status of men with family responsibilities does not have enough legal regulation on the level of obligatory international guarantees, therefore, subsequent international law should to be adopted;

(iii)  enforcement mechanisms are weak enough and their implementation is often conditional on the “goodwill” of a State concerned without the possibility of international external enforcement (with the exception of certain ILO mechanisms, which are, however, procedurally difficult to enforce due to the tripartite system of organisation).