Women’s economic empowerment (WEE) is central to realising their human rights. The access of women towards employment opportunities and economic empowerment is also beneficial for corporations and the wider community. Although women and girls constitute 49 percent of Pakistan’s population, only 22.6 percent of women are employed compared to 84.8 percent of men. In 2021, the World Economic Forum (WEF) ranked Pakistan 153rd out of 156 countries on the index-making it one of the worst countries for gender parity. Denial of maternity leaves is a significant barrier that impedes women’s access to the world of work. It is a human rights violation that is adopted by several organizations in Pakistan.

On 21.03.2022, Justice Muzamil Akhtar Shabir of the Lahore High Court (LHC) delivered the landmark judgement in Sobia Nazir v. Province of Punjab. This judgment held that availing maternity leave is a fundamental right of women. In this post, I will discuss the Sobia Nazir case and highlight the benefits that business and the wider community in Pakistan will gain from a more gender diverse workforce. I will also provide several suggestions to the government and to business in Pakistan to increase women’s access to employment.

The brief facts of the Sobia Nazir case are that the petitioner was appointed as a senior teacher in September 2017. She applied for maternity leave for 90 days with full pay in March 2022. Her application was rejected by the Respondent no.4 (Directorate of Education, Lahore) on the basis that the terms and conditions of her contract allowed only two leaves per month. Therefore, she was not entitled to a maternity leave. The Petitioner challenged the rejection of her maternity leave through a constitutional petition to the LHC.

In coming to its decision, the LHC referred to the Constitution of Islamic Republic of Pakistan 1973 (Constitution). The LHC observed that Art.35 of the Constitution mandates the State to protect the marriage, the family, the mother and the child. Moreover, Art.25 of the Constitution provides that all citizens are equal before law and are entitled to equal protection of law and that there shall be no discrimination on the basis of sex.

Additionally, the LHC referred to Art.37 (e) of the Constitution which provides that, the state shall secure just and humane conditions of work and ensure maternity benefits for women in employment. Further, the Court observed that due to advance position of pregnancy, a woman may not be able to perform her duties or be able to travel to her place of employment. The Court observed that forcing a woman to work during the advanced stage of pregnancy may amount to forced labour, which is prohibited by Art.11 of the Constitution.  Therefore, the LHC held at para 20 of the judgment that based on the abovementioned Articles of the Constitution, availing maternity leave is a fundamental right of women in Pakistan despite the fact that it may not be stipulated in the terms and conditions of their contract.

The Pakistani society is predominantly patriarchal, and a division of labor is made on the basis of gender norms. While men are seen in productive roles as breadwinners, women are seen in reproductive roles as homemakers. As a result, childcare burdens fall entirely upon women and women are unable to balance work and family life. Exploitative working conditions at the workplace, such as denial of maternity leave coupled with childcare burdens at home overburden women to the extent that it results in massive detriment to their health. As a result, women in Pakistan exit from employment. The LHC’s judgement on women’s right to maternity leave is being celebrated across Pakistan as it will help women balance work and family while remaining employed.

The positive effects of gender diversity in the workforce have not been studied in Pakistan, and neither has it been a priority for the government and business in Pakistan. However, a 2019 global report by the ILO revealed that business gain several benefits from gender diversity. Representation of women in the workforce increases profitability and productivity by 62.6%,  creativity, innovation and openness by 59.1%  and company reputation by 57.8%. Moreover, enterprises that are gender inclusive can attract and retain talent by 59.7%. Further, women’s inclusion in decision-making process can improve profitability by 20%.

Increasing female labor force participation has a ripple effect on the wider community as well. By increasing female labor force participation, Pakistan can raise its GDP by 30%. Further, women’s income is more valuable to the social good of the family, since they invest more of their income (up to 90%) compared to men (38%) on family welfare and children. Pakistan’s Human Development Index value for females is lower than for males (0.464 vs. 0.622). Women distribute their income among their more proportionately, minimising this gap.

Additionally, a report has revealed that domestic violence takes place in 80% of the households in Pakistan. WEE is closely interlinked with reduction in Violence Against Women and Girls (VAWG) as it reduces the risk of violence by improving women’s financial autonomy and bargaining power which are often frequent factors in domestic violence. Women’s access to employment can decrease VAWG committed against women in Pakistan.

The government and business in Pakistan would be well advised to adopt gender sensitive policies in workplaces to increase women’s access to employment. This includes establishment of facilities like female praying areas, day-care centers, female-friendly toilets and transport services. Moreover, policies on anti-harassment and gender-equal hiring should be introduced so that women can achieve their full potential at workplaces. The government should be proactive on communicating and publishing frameworks on the business case of increasing women’s access towards employment. By doing so the government would educate and support business and foster the adoption of a more gender diverse workforce. 

Lastly, paternity leave should also be granted so that men and women can contribute to family life on an equal footing so that burden on women is decreased. This will result in more women participating in business and all spheres of national life.

Rida Tahir is a UK qualified Barrister-at-Law and an Advocate of the High Courts of Pakistan. She is a lecturer for the University of London and University of Hertfordshire law programmes in Pakistan.  She specialises in human rights litigation with particular focus on the rights of women and children. She is a gender expert and has been invited to several conferences and events to provide her input. Recently, she was invited by the UN Women to a consultative meeting, which was presented to the office of the Honorable Prime Minister of Pakistan and resulted in the National Gender Policy Framework.

For more research on this topic, read “Women and the ‘Business’ of Human Rights: The Problem with Women’s Empowerment Projects and the Need for Corporate Reform” from Business and Human Rights Journal.