Chapter 3 - Report of the Research and Policy Development Group (iii) Sexual abuse and violence within marriage, and marital rape The Commission welcomes the Government’s move to enact a new Section 375A in the Penal Code to criminalise a husband’s action of causing hurt in order to have sexual intercourse with his wife. Nonetheless the Commission is concerned that there is an exception to rape under Section 375 which basically de-criminalises marital rape. The Commission calls for the revocation of the exception under Section 375. (iv) Right to healthcare The delivery of healthcare services has gradually improved. Women – including marginalised groups like the poor, Indigenous Peoples and migrants – are not excluded from receiving equal and equitable access to services. However, inadequate physical and economic access to healthcare services persists in some rural areas, while delivery of services is irregular because of bad weather, among other factors. People in rural areas also lack access to information on avoiding disease, particularly in view of the potential impact on women’s health. For instance, women could be exposed to HIV/AIDS if spouses are involved in promiscuous activities. The Commission strongly urges the Government to put more effort into providing information to educate the public on health matters. (v) Incorporation of rules against sexual harassment into the Employment Act In 2011, the Government incorporated the definition of ‘sexual harassment’ and other related provisions2 into the Employment Act 1955 to address the issue of sexual harassment in the workplace. The Commission is of the view that the definition of ‘sexual harassment’ is not sufficiently comprehensive. Firstly, it is the employer, not the employee, who determines if sexual harassment has occurred; secondly, the definition is only confined to alleged occurrences at the workplace. At the same time, the process for complaints and the penalties are not adequately covered. The Commission is particularly concerned about the complaints procedure when the allegation of sexual harassment is against an employer. In such cases, the DirectorGeneral of Labour is authorised to direct the employer to inquire into complaints, which could result in bias. As such, the Commission recommends that the Government reviews the current regulations, and that it considers a separate and comprehensive piece of legislation against sexual harassment. (vi) Maternity leave The Government had extended maternity leave from 60 days to 90 with effect from 15 October 2010. This is in line with the spirit of CEDAW and has given mothers the opportunity to bond with their children, which is essential in early infancy. The Government has capped total entitlement at 300 days, although women are allowed flexibility in customising leave between 60 and 90 days for each birth. 2 76 Part XVA Sexual Harassment, Sections 81A, 81B,81C, 81D, 81E, 81F, 81G; Employment (Amendment) Act 2012, Act A1419 came into force on 1 April 2012.