CHAPTER 3: INTEGRATING REPRODUCTIVE RIGHTS: INNOVATIONS AND EMERGING GOOD PRACTICES
Australia: Pregnancy Guidelines for Employers
Discrimination in relation to pregnancy status was identified by several NHRIs as a major
issue of concern. Women may lose their jobs once their pregnancy becomes known. They may
be refused employment in the first place because the employer believes that they are, or are
likely to become, pregnant. Women who have taken leave to have a baby can find that their
employment conditions have been unfairly changed once they attempt to return to work. In 2001
the Australian Human Rights Commission issued Pregnancy Guidelines, which set out, in clear
language the rights of employees and the obligations of employers in relation to pregnancy. The
Guidelines, which were prepared after consultation with unions and employers, cover issues
of pregnancy discrimination through all aspects of the employment relationship, including
recruitment, employment and dismissal. They also address the overlap between discrimination
and industrial and occupational health and safety obligations. The Guidelines use basic principles
and case studies to illustrate rights and responsibilities and to provide practical advice. They can
be accessed through: www.humanrights.gov.au/sex_discrimination/publication/pregnancy/
guidelines.html.
Malaysia: Teaching school students about reproductive rights
The Human Rights Commission of Malaysia conducts regular sessions with school students to
raise awareness about human rights issues. The Commission has recently developed a revised
curriculum that will enable it to use these sessions to discuss issues related to reproductive rights
that are of greatest concern to young people.
3.2. Innovations and good practices in relation to advice and advocacy
The Paris Principles confirm that a core function of NHRIs is to provide advice to governments,
parliaments or other competent bodies and to promote and ensure the harmonization of national
legislation, regulations and practices with relevant international instruments and their effective
implementation.27 All APF member institutions are empowered to undertake advisory and
advocacy functions. There were multiple examples of activities in this area that related directly
to reproductive rights.
India: Action to reduce maternal anaemia
In 1996-1997 the National Human Rights Commission of India identified maternal anaemia as a
violation of the right to life and the right to health. Easily avoidable iron and iodine deficiencies
were causing serious health problems among pregnant women as well as death and mental
disabilities in infants. Over the following years, the Commission worked with government
ministries both at the central and state levels and other partners to deal with the problem. In
the year 2000, it organized a workshop on ‘Health and Human Rights in India with Special
Reference to Maternal Anaemia’. This workshop made some valuable recommendations and
UN General Assembly, ‘Principles Relating to the Status of National Institutions’ UN Doc. A/RES/48/134 (20 December 1993),
Annex, at paras. 3(a)-3(b).
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