Women in Latin America and the Caribbean - Cepal

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implemented (ECLAC, 2007d). In Brazil, there is a proposal (PEC 385) before the Chamber of Deputies
to amend articles 195 and 203 of the new Federal Constitution and introduce benefits for housewives aged
60 and over, who would be entitled to one minimum wage even if they had not contributed to the National
Social Security Institute (INSS). 35
Box II.2
LATIN AMERICA: UNPAID DOMESTIC WORK IN NATIONAL CONSTITUTIONS
In Ecuador, the Constitution of 1998 establishes that “the State shall encourage the incorporation of women into
paid employment with equal rights and opportunities, guaranteeing them identical remuneration for work of equal
value. It shall provide particularly for the enforcement of employment and reproductive rights in order to improve
their working conditions and access to social security systems, especially in the case of expectant and breastfeeding
mothers, working women, women in the informal and craft sectors, female household heads and widows. Any type
of employment discrimination against women is prohibited. The work of their spouses or partners in the home shall
be taken into consideration for the purposes of equitable compensation in special situations where the spouse or
partner is at an economic disadvantage. Unpaid domestic work shall be recognized as productive labour.” a
Box II.2 (concluded)
The 1999 Constitution of the Bolivarian Republic of Venezuela explicitly recognizes household work as an
economic activity that adds value and produces wealth and social well-being, while also recognizing the right of
every person to social security (specifically including housewives) “as a non-profit public service to ensure health
care and protection when maternity-related contingencies arise”. The Constitution also states that “inability to pay
contributions will not be grounds for excluding people from protection” and that “the State will guarantee equality
and equity for men and women wishing to exercise their right to work”. b
Source: Economic Commission for Latin America and the Caribbean (ECLAC).
a
Article 36, “On labour”, second section of chapter IV, “On economic, social and cultural rights”.
b
Articles 86, 87 and 88.
The measures referred to are mainly confined to the legislative sphere; most do not have a
sufficient track record for rigorous assessments to be made, and they have not on the whole translated into
enduring programmes with wide coverage. Indeed, there is a dearth in the region of studies that clearly
show the difference between policies favouring women, policies favouring the sharing of responsibilities
between women and men, and policies openly promoting male participation in reproductive life and
changes in the female employment structure, dominated as it is by care activities and services.
There is also a debate under way on the status of legislation dealing with women’s work. Not all
the countries consider it necessary to amend their constitutions, although many recognize that an explicit
constitutional framework encourages the adoption of policies and programmes, an example being
Ecuador, where the provisions of the constitution favoured the policy initiatives adopted by the National
Women’s Council. Changes to the Human Development Bond programme, which have replaced the
welfare approach with a rights-based one involving recognition of women’s unpaid work, were made
possible by well-judged and appropriate use of a constitutional provision, although clearly this is not
enough on its own. In Costa Rica, similarly, an initiative recently presented for parliamentary debate
35
Reply to the survey on unpaid work sent out by the Economic Commission for Latin America and the Caribbean
(ECLAC) to the countries of the region (September 2006).