LEGAL REGULATIONS ON WOMEN IN BUSINESS LIFE
Although women make up nearly half the population of both the world and Turkey, they could not have the same opportunity to represent economic activities. Such situation is due to the frame drawn by the women on the roles that they are required to assume. Besides, the fact that job descriptions and working conditions of them in the society and in economic life are designated as male-based have resulted in women becoming of secondary importance in business life. This causes women to work in precarious works in informal sectors event thou- gh they are involved in labor market. The fact that women are able to be involved in working life is the basic condition for their presence in other areas of social life. According to the understanding that is tried to be imposed, the primary and major duty of women is maternity and child care. In addition to this, women are required to put working life into the secondary importance in order for duties such as house works and elderly care not to be disrupted. Today, a great majority of girls are pushed into marriage at an early age, and thereafter they have child; therefore, they are deprived of educational opportunities. It is not even possible for women who cannot get qualified training to have chance to get a start in business. Women who are kept away from working in this way are also away from the other fields of social life, and they are also excluded from the social, economic, political and cultural institutions and systems that enable them to integrate into society.
The exclusion of women in working life comes into existence as their inability to participate in the workforce or their abandonment of the labor market and their exposure to discrimination in the labor market. The unemployment rate among women in the world has been gradually increasing compared to men. The number of unemployed women has increased from 70.2 million to 81.6 million in 2007. While the unemployment rate for women is 6.4%, it is 5.7% for men. Women often have to work in those sectors with low productivity, which have economic risks and lack of social protection; because they cannot find a job. At the same time, women working in such jobs are paid less than men. 66% of women involved in employment are employed without registering in any social security institution.
International Regulations Regarding Working Women:
The laws of organizations such as Organization for Economic Coo- peration and Development (OECD), United Nations Education Scien- ce and Culture Organizations (UNESCO), International Labor Organi- zation (ILO), United Nations (UN) and Universal Declaration of Human Rights, and contracts signed by many countries are the most impor- tant sources with respect to International Regulations on Women.
Regulations Regarding Women Working in Turkey:
Article 10 of the Constitution says that; “Men and women have equ- al rights. The State has the obligation to ensure that this equality exists in practice. Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.”
Article 50 of the Constitution says that; “No one shall be required to perform work unsuited to his/her sex, women shall enjoy special protection with regard to working conditions.”
Article 5 of Labor Law indicates the Prohibition of Discrimination.
As a result, the exclusion of women from the working life basically starts with the inequality of opportunity of them in education and get- ting a profession; and goes forward with discriminatory practices that women encounter with respect to wages and benefits, recruitment, dismissal and other practices. It should be accepted that working life of women is their most important human right, and women be- ing involved in working life and so in the social and political life by force of Social State Principle should be adopted as a state policy and necessary measures must be taken to achieve this.
Member of the Board of Directors of Istanbul Bar Association President of the Turkish
Association of Women in Legal Profession
Att. Süreyya TURAN
bilgi@turkhukukcukadinlar.org.tr