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3.6: Women, Business and the Law index and
Indicator Question Expert opinion statement Mobility Can a woman choose where to live in the same way as a man? Women choose where to live in the same way as men in practice. Can a woman travel outside her home in the same way as a man? Women travel outside their homes in the same way as men in practice. Can a woman apply for a passport in the same way as a man? Women apply for passports in the same way as men in practice. Can a woman travel outside the country in the same way as a man? Women travel outside the country in the same way as men in practice.
Workplace Can a woman get a job in the same way as a man?
Does the law prohibit discrimination in employment based on gender? Is there legislation on sexual harassment in employment?
Are there criminal penalties or civil remedies for sexual harassment in employment? Women do not face any additional restrictions compared to men when getting a job in practice. The principle of nondiscrimination based on gender in employment is implemented in practice. Protection measures are in place to prevent sexual harassment in the workplace in practice. a. Civil remedies for sexual harassment in employment are implemented in practice. b. Criminal penalties for sexual harassment in employment are implemented in practice.
Pay Does the law mandate equal remuneration for work of equal value? The principle of equal remuneration for work of equal value is implemented in practice.
Can a woman work at night in the same way as a man? There are no restrictions on women working at night in practice.
Can a woman work in a job deemed dangerous in the same way as a man?
There are no restrictions on women working in jobs deemed dangerous in practice. Can a woman work in an industrial job in the same way as a man? There are no restrictions on women working in the following industries in practice: mining, construction, factories, agriculture, energy, water, transportation, other.
Marriage Is there no legal provision that requires a married woman to obey her husband? Women are not expected to obey their husbands in practice.
Can a woman be head of household in the same way as a man? Women can be heads of their households in the same way as men in practice. Is there legislation specifically addressing domestic violence? The principle of protection from domestic violence is implemented in practice.
Can a woman obtain a judgment of divorce in the same way as a man? Women obtain judgments of divorce in the same way as men in practice.
Does a woman have the same rights to remarry as a man?
Women remarry in the same way as men in practice. Parenthood Is paid leave of at least 14 weeks available to mothers? At least 14 weeks of paid leave to mothers is provided in practice. Does the government administer 100% of maternity leave benefits? The government administers maternity leave benefits in practice. Is paid leave available to fathers? Paid leave to fathers is provided in practice. Is there paid parental leave? Paid parental leave is provided in practice. Is dismissal of pregnant workers prohibited? The principle of prohibiting dismissal of pregnant workers is implemented in practice.
Entrepreneurship Does the law prohibit discrimination in access to credit based on gender?
The principle of nondiscrimination based on gender in access to credit is implemented in practice. Can a woman sign a contract in the same way as a man? Women sign contracts in the same way as men in practice. Can a woman register a business in the same way as a man? Women register businesses in the same way as men in practice. Can a woman open a bank account in the same way as a man? Women open bank accounts in the same way as men in practice.
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Indicator Question Assets Do men and women have equal ownership rights to immovable property? Expert opinion statement Men and women have equal ownership rights to immovable property in practice.
Do sons and daughters have equal rights to inherit assets from their parents? Do male and female surviving spouses have equal rights to inherit assets?
Does the law grant spouses equal administrative authority over assets during marriage? Does the law provide for the valuation of nonmonetary contributions?
Pension Is the age at which men and women can retire with full pension benefits the same? The right of sons and daughters to inherit assets equally from their parents is implemented in practice. The right of male and female surviving spouses to inherit assets equally is implemented in practice. The principle of equal administrative authority over assets during marriage is implemented in practice. The principle of valuation of nonmonetary contributions is implemented in practice. Women retire with full pension benefits at the same age as men in practice.
Is the age at which men and women can retire with partial pension benefits the same?
Women retire with partial pension benefits at the same age as men in practice. Is the mandatory retirement age for men and women the same? Women retire at the same age as men in practice. Are periods of absence due to childcare accounted for in pension benefits? The principle of accounting for periods of absence due to childcare in pension benefits is implemented in practice.
Source: Women, Business and the Law database.
On average, 6.32 responses were received for each of the 25 pilot economies, representing varied opinions. For example, the average response value for Uganda for the data point, “Women are not expected to obey their husbands in practice” is 2 (disagree). However, the individual responses range across the spectrum of answers, with 3 of the 10 respondents choosing 5 (strongly agree) and 7 selecting 1 (strongly disagree) or 2 (disagree). Similarly, in Oman, respondents selected opposite answers for the statement, “Women retire with partial pension benefits at the same age as men in practice,” with 1 respondent selecting 1 (strongly disagree) and 1 selecting 5 (strongly agree). In some cases, expert responses were aligned. For instance, 7 respondents in Vietnam said that they mostly disagree with the statement, “There are no restrictions on women working in jobs deemed dangerous in practice,” with only one responding that he or she neither agrees nor disagrees. While response rates were generally high across economies and data points, the Assets and Pension indicators are an exception. For example, in 14 out of 25 economies, response rates were lower for the data point, “The principle of accounting for periods of absence due to childcare in pension benefits is implemented in practice.” For South Africa, only 1 out of 4 respondents responded to this statement. For India, 6 out of 10 respondents provided an answer. This finding may be due to survey fatigue, as these were the last questions posed, or perhaps even a lack of topical expertise in these more specialized areas.
Addressing both varied and lack of responses in future iterations of the questionnaire will require additional research, empirical evidence, and consultations with experts in the field. One option is to use vignettes to define concepts and focus answers for respondents with different experiences within the same economy. Another option is to pose a narrower set of questions to each group of experts or to focus on economyspecific or regional perceptions of gender equality. To reach a convergence of opinion,
