Women, Business and the Law 2022

Page 79

TOWARD AVAILABLE, AFFORDABLE, AND QUALITY CHILDCARE SERVICES

Key limitations and next steps During the pilot stage of this project, Women, Business and the Law collected data on childcare services provided in formal, center-based settings. This approach ensured comparability of the data by using a set of standardized assumptions, focusing on the main business city, and emphasizing the formal sector economy. Focusing on codified law makes indicators actionable because policy makers have the power to change the law. However, the proposed approach also comes with limitations (table 2.5). Further engagement with experts in the field will attempt to address such limitations in future cycles. For all three pillars, data were collected on laws and regulations surrounding the provision of care for children up to preprimary school–starting age—typically below three years of age but varying by country—and from preprimary school–starting age up to primary school–starting age. However, methodological difficulties were encountered when analyzing data on childcare services for the older age group, largely due to overlapping regulatory frameworks for early childhood care services, which are generally provided at nurseries and day care centers, and early childhood care and education, which is generally provided at preschools and kindergartens (terminology may vary by economy). Therefore, data on laws and regulations for the provision of childcare for the older age group are not presented at this stage.

TABLE 2.5

METHODOLOGICAL LIMITATIONS, BY PILLAR

Pillar

Feature

Limitation

Availability

Absence of good-practice frameworks

Specific policy recommendations are difficult to provide at this stage.

Assumption of childcare in formal, center-based settings

The exclusion of services provided in the child’s own or caregiver’s home, within family, foster care, voluntary organizations, private individuals (nannies, au pairs, babysitters), and other informal arrangements, including community-based services and services provided at religious or philanthropic schools, does not reflect the full diversity of childcare options in practice.

Cultural and social norms

The availability of extended families, including older siblings, to provide informal care may influence childcare decisions and discourage the uptake of formal services.

Rural vs. urban divide

The focus on regulatory frameworks as applied to the main business city does not capture the full diversity of laws, which may vary by state or province in federal economies.

Trade-offs among different support measures

Assessing the effectiveness and trade-offs among cross-country measures of support is challenging, as each economy chooses policy measures depending on its individual economic, social, and fiscal circumstances.

Risk of “capture” of public support by providers

There is a danger that providers “capture” public support for themselves, rather than passing it on to parents through lower costs—a behavioral practice that goes beyond what is “on the books.”

Definitions of adequate quality

There is no framework establishing the most effective quality parameters for parental uptake of childcare services.

Costs to private sector providers

Regulations that are too stringent can reduce the use of formal childcare by increasing its price. Finding the fine line between what constitutes high-quality childcare without creating cumbersome regulatory burdens for private sector providers to comply with in a formal setting is challenging.

Information asymmetries around the attributes of high-quality services

Collecting data on how much information parents possess before putting their child into formal care is best done through perception-based, household-level surveys.

Affordability

Quality

Source: Women, Business and the Law team.

65


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A.2: Sample scoring on the Women, Business and the Law index: Ecuador

2min
page 111

A.1: Assumptions used to ensure comparability

30min
pages 113-124

A.2: Methodological strengths and limitations of

2min
page 112

3.7: Correlation between legal index and supportive framework and expert opinion scores, by region

10min
pages 104-108

3.4: Examples of other cross-country expert opinion and perception surveys

2min
page 98

3.7: Select expert opinions of gaps in implementation of legislation

2min
page 102

3.6: Women, Business and the Law index and

6min
pages 99-100

A.1: Women, Business and the Law indicators

2min
page 110

3.5: Examples of simplified procedures in small claims courts

5min
pages 96-97

3.4: Examples of supportive frameworks under the workplace indicator

3min
page 94

3.3: Providing critical services to survivors of violence

2min
page 95

3.2: Women’s representation in judicial institutions

5min
pages 88-89

3.2: Women, Business and the Law

2min
page 90

3.1: Factors that define the efficient and effective implementation of laws

5min
pages 86-87

3.1: “Implementation” in the context of

2min
page 85

3.3: Supportive framework questions, by indicator

5min
pages 91-92

Chapter 3. Measuring the Legal Environment in Practice

1min
page 83

2.5: Methodological limitations, by pillar

11min
pages 79-82

2.1: Recent trends in childcare reform

2min
page 78

2.5: Financial support for consumers or providers of childcare services, by region

2min
page 74

2.3: Examples of financial and nonfinancial support for childcare services for the poor

3min
page 75

2.4: Laws regulating public, private, and employer provided childcare services, by region

2min
page 73

2.1: Women, Business and the Law childcare pilot economies

2min
page 70

2.3: Key constraints in the childcare market

2min
page 69

B1.4.1: Preliminary findings on the legal framework related to women with disabilities

12min
pages 50-54

2.1: The international legal framework on childcare provision

5min
pages 66-67

1.10: Number of economies that have not removed barriers to women’s entrepreneurship

2min
page 44

1.12: Number of economies that do not have laws ensuring women’s economic security in old age

2min
page 47

Chapter 2. Toward Available Affordable, and Quality Childcare Services

1min
page 65

1.4: How can laws protect the rights of women with disabilities?

3min
page 49

1.2: Most policy responses to the pandemic childcare crisis have expired

5min
pages 42-43

1.5: Number of economies that do not have laws protecting women in the workplace

5min
pages 36-37

1.7: Number of economies with legal constraints related to marriage and divorce

2min
page 40

ES.1: The eight Women, Business and the Law indicators

2min
page 16

1.3: Reforms to improve gender equality in 2020–21, by indicator

2min
page 34

ES.2: Select expert opinions of gaps in implementation of legislation

2min
page 22

Executive Summary

1min
page 15

1.6: Number of economies that do not have laws addressing the pay gap

2min
page 38

Chapter 1. Findings

4min
pages 23-24
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