Night work prohibition for women workers in Phl unconstitutional – Miriam

MANILA, Philippines – Sen. Miriam Defensor-Santiago branded as unconstitutional and discriminatory a bill seeking to ban women from working for at least 11 consecutive hours during the night.

Senate Bill 2701aims to amend Articles 130 and 131 of the Labor Code.

It is a substitution for similar bills filed by Senators Jinggoy Estrada and Francis Pangilinan.

It also seeks to prohibit the employment of women in any industrial undertaking, other than one in which only members of the same family are employed.

Santiago said the bill would violate Article II Section 14 of the Constitution, which states: “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.”

Santiago said the bill is based on the concept that women cannot engage in night work, except when the law provides otherwise.

“This is unequal treatment of the sexes,” she said.

“It is a direct violation of the constitutional mandate on fundamental equality and equal protection of the laws.

“One of the most blatant examples of protective but discriminatory laws was the prohibition of night work for women.

“Today, in the age of gender equality and gender balance, night work prohibition for women is an obsolete concept. This concept, being useless and discriminatory to women, should be completely abolished.”

Santiago said the bill is obsolete because it reinforces the provisions of International Labor Organization Convention No. 89 of 1934 or the Women Night Work Convention, which paved the way to the prohibition of night work for women in the Labor Code.

The supposed harmful effects of night work on women have been largely exaggerated, she added.

Santiago said women’s access to specific jobs, certain occupations, higher wages and premium payments is restricted because of these prohibitions under the law.

“The prohibitions therefore contravene the principle of equality as they prevent women from exercising their right to equal access to jobs,” she said.

Santiago said the ILO has adopted the new Night Work Convention No. 171 of 1990, revising the discriminatory aspect of Convention 89.

Convention 171 provides equal work opportunity for men and women, and takes into account the health and safety of workers, but it has not been ratified by the Philippines, she added.

Santiago said Senate Bill 2701 carries with it the discriminatory effect of the old Convention 89 adopted in 1934.

“More than seven decades after the adoption of Convention 89,the prohibition against night work has increasingly been regarded as discriminatory for its adverse effect on women’s employment,” she said.

“Many states recognize that the general exclusion of women from night work has a negative effect on their chances in the labor market.”

Santiago said bill would also lead to a violation of the Convention on the Elimination of All Forms of Discrimination Against Women, to which the Philippines is a signatory.
“In continuing to prohibit night work and thus limiting the night work prohibition only to women, SB 2701 takes a protectionist approach that reinforces discriminatory gender stereotypes – that women are weak and vulnerable to the dangers of night work including health; that the woman’s place is in the home,” she said.

“This protectionist effect of the night work prohibition further marginalizes women’s access to resources and restricts their economic participation.”

The bill would also water down the gains of Republic Act 9710 or the Magna Carta for Women Act of 2009, Santiago said. –Marvin Sy (The Philippine Star)