Recognizing Women’s at : Health and Women Workers in Global Supply Chains

OVERVIEW health rights under international law and the recognition of the unjustifiable and - Women’s health rights at work have been biased segregation of worker health rights as largely passed over in the many debates over confined to “occupational health.” corporate responsibility for violations associated with business operations. THE CURRENT APPROACH TO HEALTH As more companies are determining how RIGHTS AT WORK to implement the UN Guiding Principles on Business and Human Rights, adopted in 2011, Employers can have a significant impact on it is time to re-evaluate the current notions the health and well-being of women workers, of what the entails for women negative as well as positive. Too often, it workers—and all workers—in global supply is negative as workplace managers fail to chains. recognize the unique needs of women in low- and middle income countries. Access to health In our law review article, Recognizing Women’s services is a major problem for poor women Rights at Work: Health and Women Workers in general. Yet for women workers the barriers in Global Supply Chains, we argue for a more are even higher not only because of their expansive view of health rights at the workplace. double burden of domestic and paid work, but In particular, there needs to be much greater also because of the hours and days they work. alignment between occupational safety and Most public health facilities are closed after health (OSH) standards for workplaces and normal work hours and on weekends, which internationally recognized health rights. The means that women workers have access to a default position of government, business, limited number of private health providers. In and others is to view workplace health rights workplaces with onsite infirmaries and related as limited to traditional (i.e. OSH) standards health programs, worker access may not be for enterprises, defined by the important much better, and the quality of health providers conventions on health and safety of the and onsite services may be very poor. International Labor Organization. Even in workplaces where there are good policies This default position is out of date and out meant to ensure a worker’s agency to leave her of touch with reality. While the U.N. Guiding post to receive health services on or offsite, Principles do not create new rights, they can middle management practices often undermine open the door to needed discussions about these policies. The reason is straightforward: how companies uphold their role in respecting workplaces operating in global supply chains existing rights. Such a discussion on health must meet constantly changing and urgent rights is justified not only by the changes to production demands and deadlines. Many labor the global economy, gender makeup of the advocates have documented how production , and experiences of women workers, demands on factories and farms come at the but also by the evolving understanding of expense of labor and human rights and of compliance with voluntary codes of conduct 1. Address health comprehensively. endorsed by corporate buyers. Health rights, Companies should use the due too, are sacrificed to production demands, with diligence and human rights the consequences born by workers. assessment processes required by the U.N. Guiding Principles to consider human The article describes the evolution of health rights risks related to women’s health more rights, beginning with their incorporation in comprehensively. If due diligence under the the World Health Organization Constitution in Guiding Principles conforms only to a narrow 1946 and the Universal Declaration of Human OSH lens, then corporate risk assessments will Rights (UDHR) in December 1948. Key human not ask the kinds of questions that will identify rights instruments since have addressed the potential violations of women workers’ rights to social determinants of health, including the access quality health services, education and workplace, occupational health and safety, and information, including related to reproductive the right to sexual and . In health. addition, they describe State obligations to guarantee that health goods, services, and This recommendation builds on two information are accessible to all who reside in recommendations from a 2015 UN Global a State. Of great importance to operationalizing Compact Good Practice Note on human health rights is the AAAQ Framework, which rights risks in supply chains: namely that requires States to ensure that the facilities, companies should undertake due diligence goods, services, and conditions needed for “by understanding what rights mean before health are “accessible, available, acceptable, determining which ones are relevant to and of quality.” Many workplaces have the company” and “consider supply chain infirmaries and providers that do impacts on all human rights in and beyond not achieve common public health standards the workplace,” as labor rights capture only a for cleanliness, confidentiality, , health portion of all human rights. information and referral – standards that respond to the AAAQ principles. 2. Take a leadership role. Organizations and corporations RE-ENVISIONING THE BUSINESS ROLE that manage or promote what IN THE RIGHT TO HEALTH might be called soft, non-legal, regulatory mechanisms under corporate social The objective here is not to turn workplaces responsibility should also provide leadership into public health facilities. Yet the U.N. for advancing a more expansive notion of Guiding Principles, in concert with other “soft health rights at the workplace—and provide law” mechanisms such as corporate global corporations with testing grounds to learn what commitments, Codes of Conduct, certification works and how best to achieve results. Nothing and reporting schemes, can spur a re-envisioning prevents corporate social responsibility- of business’s ability and responsibility to protect focused organizations from advancing policies the right to health of workers. and practices that address gender equality and worker health rights. This could include We make four recommendations on how incorporating some of the major guidance on business, governments, labor and human health included in the “Gender Equality in Codes rights advocates can advance a broader – and of Conduct” guidance document1 released in business-beneficial – approach to women’s April by Business for Social Responsibility. health rights at the workplace:

1 The Evidence Project/Meridian Group International, Inc. contributed to the development of this guidance document.

PAGE 2 3. Ensure policy coherence. National THE EVIDENCE PROJECT governments and organizations Population Council involved in health policy at the 4301 Connecticut Avenue, NW Suite 280 country level should review public Washington, DC 20008 USA health and occupational safety and health tel +1 202 237 9400 policies and regulations to see where these can be aligned. This review needs to consider CONTRIBUTORS not only what additional standards and Erika R. George practices should be asked of industry, but also Professor of Law how government resources for public health University of Utah S.J. Quinney College of Law improvements can help protect worker health David Wofford rights. Two examples of such an approach are Senior Advisor for Workplace Policies Evidence Project the Philippine’s Responsible Parenthood and Vice President Reproductive Health Act of 2012 (and the labor Meridian Group International, Inc. department’s related Welfare Program) and the Bangladesh Ministry of Health The Evidence Project is made Directorate General for ’s possible by the generous agreement with the Bangladesh Garment support of the American people through the United States Agency for International Manufacturers Export Association (BGMEA) Development (USAID) under the terms of cooperative to provide training and free contraceptives to agreement no. AID-OAA-A-13-00087. The contents of this document are the sole responsibility of the Evidence Project

further support to make them fully operational views of USAID or the United States Government. and sustainable. The Evidence Project uses implementation science— 4. Align with the SDGs. the strategic generation, Corporations should make translation, and use of evidence—to strengthen and scale up family planning and reproductive health programs to explicit commitments to address reduce unintended pregnancies worldwide. The Evidence women’s health components of Project is led by the Population Council in partnership with INDEPTH Network, International Planned Parenthood the Sustainable Development Goals (SDGs) Federation, PATH, Population Reference Bureau, and a relating to their own business operations. The University Research Network. SDGs offer an opportunity for companies to Meridian Group Interna- align development goals, human rights and tional, Inc. implements the occupational health standards through SDG RAISE Health Initiative, a major activity of the Evidence Project, which is made #3 (Good Health & Well-Being), #5 (Gender possible by the generous support of the American people Equality), #8 ( and Economic through the United States Agency for International Develop- Growth) and #17 (Partnerships) with their own ment (USAID) under the cooperative agreement no. AID-OAA-A13-0087. operations and business relationships. Suggested Citation: George, Erica and David Wofford. 2017. “Recognizing Women’s Rights at Work: Health and Women While many health rights can be contentious, Workers in Global Supply Chains – A Summary of Arguments addressing the health rights of women in the and Recommendations Published in the Berkeley Journal of workplace need not be. It is not only important International Law” Washington, DC: Population Council, The Evidence Project. for the health and well-being of all workers, but The Berkeley Journal of International Law is companies in ways that have yet to be realized. recognized as a leading international law journal in the United States. BJIL infuses international legal scholarship and practice with new ideas to address today’s complex challenges. This summary highlights key arguments and recommendations put forth by the authors in the publication “Recognizing Women’s Rights at Work: Health and Women Workers in Global Supply Chains” for the Berkeley Journal of International Law. It also served as the basis for an op-ed featured in the International Human Rights and Business blog.

© 2017 The Population Council, Inc.