Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

282 | PRACTITIONERS GUIDE No. 6any other form alleged to represent legal tender, shall be prohibited.” 1197Under the Convention, wages must be paid directly and regularly to theworker concerned except as may be otherwise provided by national lawsor regulations and employers are prohibited from limiting in any mannerthe freedom of the worker to dispose of his or her wages. 1198 States arerequired to pursue measures to “promote [. . .] equality of opportunityand treatment in respect of employment and occupation, with a view toeliminating any discrimination in respect thereof”, 1199 including discriminationbased on “race, colour, sex, religion, political opinion, nationalextraction or social origin”. 1200 In addition, the Convention specifies thatwages and salaries shall respect the principle of equal remuneration formen and women workers for work of equal value. 1201The particular issue of women workers’ remuneration has also beenaddressed in human rights instruments and by a number of the humanrights bodies. For example Article 11(d) of CEDAW specifies that Statesshould ensure the right of women, “to equal remuneration, includingbenefits, and to equal treatment in respect of work of equal value, aswell as equality of treatment in the evaluation of the quality of work.”CEDAW has underlined women’s right to remuneration, specifying that“unpaid work constitutes a form of women’s exploitation that is contraryto the Convention”. For its part CESCR has noted that rights tojust and favourable conditions of work under Article 7 of the ICESCRrequire States to “identify and eliminate the underlying causes of paydifferentials, such as gender-biased job evaluation or the perceptionthat productivity differences between men and women exist . . . adoptlegislation that prescribes equal consideration in promotion, non-wagecompensation and equal opportunity and support for vocational or professionaldevelopment in the workplace.” 1202b) The right to rest and leisureThe right to rest and leisure is recognised by the CESCR and severalILO instruments. ILO Conventions state that a worker must benefit in1197 Art. 3.1, Protection of Wages Convention (C95), ILO, adopted on 1 July 1949. The Conventionprovides also with more detailed provisions. We will report here only those of a generalcharacter.1198 Articles 5, 6, 12.1, ibid.1199 Article 2, Discrimination (Employment and Occupation) Convention (C111), ILO, adopted on25 June 1958.1200 Article 1(a), ibid.1201 Equal Remuneration Convention (C100), ILO, adopted on 29 June 1951. See, GeneralRecommendation No. 13, Equal remuneration for work of equal value, CEDAW, U.N. Doc.HRI/GEN/1/Rev.9 (Vol.II), 1989; General Recommendation No. 16, Unpaid women workersin rural and urban family enterprises, CEDAW, U.N. Doc. HRI/GEN/1/Rev.9 (Vol.II), 1991,after articles 2(c) and 11(c), (d) and (e) CEDAW.1202 CESCR, General comment No. 16, op. cit., fn. 22, paras. 23–24. The same standards areobligations under Article 11.1(a), (b), (c), (d) CEDAW; Article 4.3 ESC(r).