Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with satisfaction the promulgation of article 36 of the new Political Constitution of Ecuador, enacted on 10 August 1998, which reflects the principle set forth in Article 1 of the Convention. Article 36 provides, in pertinent part, that:

The State will promote the incorporation of women into the paid labour force under conditions of equal rights and opportunities, guaranteeing women equal remuneration for work of equal value.

The Government's report indicates that article 36 of the new Ecuadorean Constitution constitutes primary law, and cites the well-established principle of legal interpretation that a primary law supplements any deficiencies or omissions in a secondary law, such as section 79 of the Labour Code, to which the Committee has made reference for a number of years. The Committee asks the Government to indicate whether it contemplates amending section 79 of the Code to bring it into conformity with constitutional article 36.

The Committee also notes with interest that under constitutional article 36 the Government undertakes to promote respect for women's employment and reproductive rights in order to improve working conditions for women and ensure their access to social security systems, particularly in the case of expectant and nursing mothers, working women, women working in the informal and handcrafts sectors, female heads of households and widows. Article 36 expressly prohibits all forms of employment discrimination against women and recognizes unpaid domestic work as productive labour.

The Committee is addresssing a request directly to the Government on other matters.