92271 v2 Women, Business and the Law Women, Business and the Law 2014 Removing Restrictions to Enhance Gender Equality First published in Great Britain 2013 Copyright © International Bank for Reconstruction and Development/The World Bank, 2013 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org Bloomsbury Publishing Plc 50 Bedford Square London WC1B 3DP www.bloomsbury.com Bloomsbury Publishing London, New Delhi, New York and Sydney This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the govern- ments they represent. The World Bank does not guarantee the accuracy of the data included in this work. 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ISBN: 9-781-4729-0643-4 10 9 8 7 6 5 4 3 2 1 Women, Business and the Law 2014 Removing Restrictions to Enhance Gender Equality Table of Contents Foreword..............................................................................1 About Women, Business and the Law..................................3 Key Findings.........................................................................8 Spotlight on Violence Against Women................................24 The Default Marital Property Regime and Women’s Entrepreneurship: The Case of Chile...................................29 Constitutional Reform and Women’s Rights: The Case of Kenya..............................................................33 Laws on Sexual Harassment and Domestic Violence in South Asia........................................................36 References................................................................... 39 Data notes................................................................... 44 Economy Tables............................................................ 69 Pilot Data Tables......................................................... 167 Acknowledgments...................................................... 181 Foreword One of the foremost development priorities of our century is ensuring gender equality. Empowering every citizen to contribute all of her or his talents to achieving today’s overarching economic goals —boosting productivity, competitiveness, and sustainable growth—is essential to fulfilling the World Bank Group’s mission: ending extreme poverty by 2030 and promoting shared prosperity in every developing country. The ideal of equality before the law and equality of economic opportunity is not just wise social policy: It’s smart economic policy. When women and men participate in economic life on an equal footing, they can contribute their energies to building a more cohesive society and a more resilient economy. The surest way to help enrich the lives of families, communities, and economies is to allow every individual to live up to his or her fullest creative potential. In this latest edition of Women, Business and the Law, the World Bank Group underscores our commitment to carefully analyzing evidence and building knowledge about priorities that deserve the sustained attention of lawmakers and policymakers. Using objective criteria to gather data from 143 economies worldwide, this report establishes a detailed fact base on the many ways in which the law has been used to establish differences on the basis of gender, generally to the detriment of women. As this year’s data show, many societies have made progress, gradually moving to dismantle ingrained forms of discrimination against women. Yet, a great deal remains to be done. This year’s report analyzes trends across six indicators: Accessing institutions, Using property, Getting a job, Providing incentives to work, Building credit, and Going to court. It also adds a new pilot indicator on Protecting women from violence. Like previous editions, this year’s report examines laws, regulations, and institutions that treat women differ- ently. That can be found in ways that make it more difficult for them to earn an income, make decisions about property or start a business—and ultimately deny them opportunities for economic advancement and personal growth. In turn, those roadblocks impede social mobility, undermine competitiveness, and restrain economic growth. The latest data help clarify the magnitude of the challenge society still faces in our quest to ensure equality. By inform- ing the policy dialogue about the current state of gender inequality, this report aims to promote steps that can help countries create conditions for building a stronger economy: establishing a pro-growth business environment and adopting inclusive social policies. Ensuring that half the world’s population has the opportunity to lead more productive, more fulfilling lives will help promote shared prosperity across the world. By strengthening productivity, we can accelerate job creation and provide more people with pathways out of poverty, thus advancing the entire global development agenda. I hope you’ll join me in welcoming this latest edition of Women, Business and the Law, which highlights the progress that is already being made, and the challenges that we must still confront, as we promote equal opportunity for all. Dr. Jim Yong Kim President The World Bank Group Women, Business and the Law 2014 1 2 Women, Business and the Law 2014 About Women, Business and the Law Though legal gender parity has improved around the world, major differences remain. Many laws, regulations and policies on entrepreneurship and employment continue to prevent women from improving their own and their families’ well-being by working or running a business. Datasets such as the World Bank Group’s Enterprise Surveys •• Getting a job assesses restrictions on women’s work, and Doing Business have led the way in providing informa- such as prohibitions on working at night or in certain in- tion on the challenges that all firms and entrepreneurs face dustries. This indicator also covers laws on work-related in starting and expanding their businesses and creating maternity, paternity and parental benefits and on retire- jobs.1 But women entrepreneurs and workers often face ad- ment ages. This edition examines data on industry re- ditional constraints in starting businesses and navigating the strictions in greater detail to provide more nuanced in- workforce. formation on where women face more onerous barriers. •• Providing incentives to work examines personal in- How can governments improve regulations to benefit women come tax liabilities, taking into account tax credits and entrepreneurs and workers? Answering this question requires deductions available to women relative to men. This understanding many factors, from access to education and indicator covers taxation as well as public services such healthcare to social and cultural norms. One important fac- as childcare and education. tor is how laws, regulations and institutions differentiate between women and men, affecting women’s incentives or •• Building credit identifies minimum loans tracked by capacity to set up and run a business or to work. Women, private credit bureaus and public credit registries and Business and the Law 2014 is the third in a series. It provides assesses bureaus and registries that collect information data on legal and regulatory barriers to women’s entrepre- from microfinance institutions. This edition expands neurship and employment in 143 economies. the data coverage to examine economies where credit registries and bureaus collect information from retailers and utilities. What does this report cover? •• Going to court examines access to small claims courts Gender differences in the law are only one of many factors and data on whether women’s testimony in court is that affect women’s economic opportunities—but they are given the same evidentiary weight as that of men. This an important factor that governments can directly influence. edition includes additional data on the number of wom- Women, Business and the Law 2014 provides seven indica- en justices—including chief justices—in supreme courts. tors of gender differences in formal laws and institutions: •• Protecting women from violence examines laws on do- mestic violence against women and the existence and •• Accessing institutions explores women’s legal ability scope of laws on sexual harassment. to interact with public authorities and the private sec- tor in the same ways as men. This indicator provides The first three indicators capture legislation with direct gen- disaggregated information on 11 categories of legal der dimensions and are based on a reading of laws from the ability, highlighting differences between married and perspective of women. These indicators also examine areas unmarried women. This edition expands the data cover- of laws with indirect gender dimensions. For example, laws age to examine gender differences in getting national may have gender-neutral text but can affect women more identity cards. Information has also been added on the in practice. use of quotas to increase women’s representation on corporate boards and in national parliaments and local The Providing incentives to work indicator examines explicit governments. gender differences in tax laws as well as the existence of •• Using property analyzes women’s ability to own, man- public services, such as childcare, that are not gender dif- age, control and inherit property. This edition expands ferentiated but are more likely to favor women. the data coverage to include women’s ownership rights The Building credit and Going to court indicators examine in the marital home and whether legislation accounts ease of access to credit bureaus and courts to assess the for nonmonetary contributions such as unpaid care for indirect effects that credit reporting and dispute resolution children or the elderly. mechanisms have on women, who are more likely to rely on Women, Business and the Law 2014 3 nontraditional financial services.2 Each indicator was con- The Women, Business and the Law indicators add to a num- structed based on data availability, economic relevance and ber of sets of global gender indicators including: variation in regulation across economies. •• The Women’s Economic Opportunity Index, published The Protecting women from violence indicator is being pi- by the Economist Intelligence Unit, examines 26 indica- loted in this report. Data have been collected for 100 econo- tors for 128 economies to understand regulations and mies on the laws, regulations and institutions that deal with practices affecting women entrepreneurs and workers. domestic violence against women and sexual harassment. These indicators include both policy variables, such as This pilot indicator represents a partial effort in both the measures of the regulatory environment, and outcome number of economies covered and the scope of the data col- variables, such as measures of educational attainment. lected. For example, when using the data it is important to The index presents a mix of objective and expert-based look beyond criminalization to also consider laws authorizing indicators. and funding prevention programs and services for survivors •• The Global Gender Gap Index, published by the World of violence. This indicator is a first step toward quantifying Economic Forum, examines gender inequalities in 135 the global legislative framework on domestic violence and economies using criteria based on economics, politics, sexual harassment and offers comparable baseline data. This education and health. This index uses mainly quantita- report includes a separate section highlighting findings from tive outcome variables such as the ratio of female to this pilot indicator (box 1.1). male labor force participation. Laws on domestic violence and sexual harassment are •• The Social Institutions and Gender Index provides a further explored in a case study on South Asia. A second composite measure of gender equality for 86 economies case study focuses on marital property regimes in Chile and based on the Gender, Institutions and Development examines the evolution of women’s legal capacity and prop- Database produced by the Organisation for Economic erty rights in Latin America. A third case study looks at the Co-operation and Development (OECD). This index in- implementation of constitutional reforms benefiting women cludes 12 indicators on social institutions based on ex- in Kenya. Kenya was the top reformer in the previous edition pert assessments of what happens in practice beyond of Women, Business and the Law. the legal framework. The indicators focus on policy and input variables, such as inheritance regulation, and out- The 50 Years of Women’s Legal Rights database (available come variables, such as access to credit. on the Women, Business and the Law website at http://wbl •• The United Nations Gender Inequality Index provides .worldbank.org) indicates how 100 economies have reformed a composite measure of gender disparity for 148 in the Accessing institutions and Using property indicators economies. This index includes five indicators across over the past 50 years. The database makes it possible to three areas: reproductive health, empowerment (as examine how some economies have improved women’s eco- measured by educational attainment and parliamentary nomic opportunities and why others have lagged behind. BOX 1.1 Violence against women A life free of violence is a basic human right. There are also substantial economic benefits to preventing violence. The 1994 U.S. Violence Against Women Act provided $1.6 billion for programs over five years. A cost-benefit analysis of the act estimates that over that period it saved $16.4 billion in averted costs of property losses, healthcare, police and victim services, lost productivity, reduced quality of life and premature deaths. The act’s net benefits are estimated at $14.8 billion. In 2003 Colombia’s government spent $73.7 million in direct costs to prevent, detect and offer services to survivors of domestic violence, an amount equal to 0.6% of the national budget. The same year, the indirect costs of domestic violence—including forgone income for victims and government revenue not received due to higher unemployment—were estimated at about 4% of GDP. Around the world violence against women—including domestic violence and sexual harassment—affect the lives of millions. But the global cost of violence against women remains unknown. Conservative estimates include costs of healthcare and lost wages for victims, decreased productivity for businesses, government first responder services and access to justice. Better protecting women from violence is essential for them to enjoy rights and allows them to take advantage of economic opportunities. Source: Violence Against Women Act, Pub. L. No. 103-322, tit. IV, 108 Stat. 1902 (1994); Clark and others 2002; Sánchez and others 2004. 4 Women, Business and the Law 2014 About WBL representation) and the labor market. The indicators Customary law can exist in parallel with formal legal regimes. are based on quantitative outcome variables. The in- Where such legal systems exist together, customary law dex was introduced in the United Nations Development can determine a woman’s rights in marriage or to property Programme’s Human Development Report 2010. and inheritance, often granting women rights different from those they would receive under the statutory legal system. These indexes take different approaches to developing gen- Women, Business and the Law tries to partially cover cus- der indicators and present different views of the position of tomary law by examining its constitutional treatment. In women in society. But overall there is a lack of internation- particular, the report analyzes whether customary law is ally comparable gender-disaggregated data. Moreover, such exempt from constitutional provisions on nondiscrimination data are rarely updated, limiting the possibility of analyzing and equality. But the actual application of customary law is variations over time.3 Women, Business and the Law and the not covered due to its often uncodified status and the result- 50 Years of Women’s Legal Rights database complement the ing difficulties in defining its rules. above indexes by adding a time-series element to examine legal differences between women and men. While focusing on written legislation, the report recognizes the often large gaps in implementation between laws on In addition, Women, Business and the Law is the only global the books and actual practice: women do not always have dataset measuring gender gaps in policies using quantita- access to the equality that exists for them in formal laws. tive, objective data. The dataset does not include qualitative Identifying legal differences is one step toward better under- assessments. Outcome variables, such as female labor force standing where women’s economic rights might be restricted participation rates, also do not form part of the dataset, in practice. Of the countries covered by the report, only the though they are used for the analysis in the report. Islamic Republic of Iran, Sudan and the United States are not parties to the United Nations Convention on the Elimination What does this report not cover? of All Forms of Discrimination Against Women.4 Thus it would seem that most women in the economies covered should Equal opportunities for women in business and the work- have access to formal equality. But as the report shows, that place depend on the interplay of various economic, social is not always the case. and cultural factors. For example, unless women have op- portunities to get an education or develop their skills, equal The report’s focus on formal law is consistent with the idea rights to entrepreneurship and employment can mean little. that facilitating the entry of women into the workforce in- Equalizing rights to work might not result in more women volves improving the regulatory environment for women, entering the workforce if they are still expected to be the stimulating business and job creation and making businesses primary caregivers for their children and access to childcare and the overall economy more competitive. Assessing the is limited. Other factors such as infrastructure—for example, potential benefits of equality—and when and how legal safe transportation—might also affect women’s ability and differences based on gender help or harm outcomes for desire to work in certain locations or at night. women—requires additional analysis. Women, Business and the Law recognizes that many issues affect women’s economic opportunities but focuses on one Why this focus? in particular: the formal legal and regulatory environment Women, Business and the Law builds on the growing body that determines whether women can open their own busi- of research and empirical evidence that stresses the impor- nesses or work. Not everything of importance is covered by tance of the legal and institutional framework in shaping each indicator. For example, while the Accessing institutions women’s economic rights and opportunities and improving indicator includes laws covering gender-based quotas in gender equality. Research has called into question the no- parliaments, it does not include information on quotas for tion that economic growth alone increases gender equality. electoral lists—an important factor in determining women’s Continuous policy commitments to gender equality might be representation in political institutions. required to achieve it.5 The report focuses on laws governing the formal economy. Gender equality favors a variety of positive development out- Though most women in developing economies start busi- comes. In Colombia women who own property are in a bet- nesses or work in the informal economy, one of the main ter bargaining position at home, where they are more likely goals of this project is to define features of the formal econ- to be able to move freely, negotiate the right to work and omy that prevent women from making the transition from control their income.6 Women’s access to land has also been informal to formal. But all the indicators, other than Getting linked to gains in family welfare, including children’s health.7 a job and Providing incentives to work, cover regulations that affect women in both the informal and formal economies. Women, Business and the Law 2014 5 Moreover, unequal rights for women have adverse effects on between gender-based legal differences and outcomes for women entrepreneurs. women. Women, Business and the Law and the 50 Years of Women’s Legal Rights database can be used together to In economies where husbands can prohibit their wives from study these links over time. working, women are less likely to have formal accounts, sav- ings or credit. The same is true in economies with a higher prevalence of violence against women. But if married women Data and methodology can choose where to live in the same way as married men The data in this report cover April 2011 to April 2013, were and are not legally required to obey their husbands, they are collected between September 2012 and April 2013 and are more likely to use formal financial products.8 current as of April 2013. The report’s indicators were con- The gender asset gap, which has been well documented, can structed using responses from country practitioners with also undermine women’s bargaining power and capacity to expertise in family and labor law including lawyers, judges, engage in economic activities.9 Access to formal credit relies academics and members of civil society organizations work- heavily on asset-based lending.10 A recent survey of banks in ing on gender issues. Their responses were verified against Ghana found that they strongly prefer land and buildings as codified sources of national law including constitutions, collateral.11 If women have unequal property rights, they are marriage and family codes, labor laws, passport procedures, constrained in their ability to use property as collateral, limit- citizenship rules, inheritance statutes, tax regulations, land ing their access to credit.12 Where that is the case, reputation laws, gender equality laws, civil procedure rules, electoral collateral such as records of successful loan repayments to laws and social security codes. The pilot Protecting women microfinance institutions or retailers may help women build from violence indicator also examines criminal laws and pro- their credit histories and ultimately access finance. cedures and laws on violence against women. Where pos- sible, these laws are provided on the Women, Business and Workplace and labor regulations also affect women’s op- the Law website. In addition, Doing Business 2014 surveys portunities and outcomes. Restrictions on the hours that were used to develop the Building credit indicator. women can work or the industries where they can work can limit their ability to get the jobs they want. In Taiwan, China, As noted, Women, Business and the Law covers 143 econo- working hour restrictions reduced the number of hours that mies. For two of the report’s indicators, Accessing institu- women work, while maternity benefits increased women’s tions and Using property, the 50 Years of Women’s Legal labor force participation.13 Rights database provided information on legal reforms for 100 economies, and this report presents analysis using both But personal income tax liability can affect workers’ decisions datasets. More detailed data on each economy, including about how much or whether to work. Women, particularly time-series data and links to the sources used, are available those who are married, are more negatively affected by on the Women, Business and the Law website at http://wbl income tax rules.14 In contrast, childcare subsidies such as .worldbank.org. tax credits and the availability of childcare increase women’s participation in the labor force.15 Several assumptions were made about the situation of women in this report’s sample of economies. For example, Legal formalities and litigation costs—direct and incidental— it is assumed that they live in each economy’s largest city discourage poor people—regardless of their gender—from for business. This assumption might make a significant dif- accessing courts.16 Even for relatively simple disputes, legal ference in federal economies, where laws affecting women formalities are associated with less contract enforcement, can vary by state. In addition, where several sets of personal longer cases and perceptions of lower-quality justice.17 One- law apply, setting out different rights and obligations for dif- stop shops such as small claims courts can improve access to ferent groups of women, the data focus on the most popu- justice for men and women.18 lous group of women. A detailed explanation of the report’s methodology and recent changes to it—including all the questions asked and assumptions made—is provided in the How to use these data Data notes. The methodology for historical data is presented on the Women, Business and the Law website. Women, Business and the Law can be used to raise aware- ness, inform policy discussions on gender differences in Feedback is welcome on all aspects of the report and can be laws and prod policy makers to take actions strengthening offered through the Women, Business and the Law website. women’s economic rights and opportunities. The report is also designed for researchers, as it can be used to further research at the economy level and across economies on links 6 Women, Business and the Law 2014 About WBL Endnotes 1 See World Bank, Enterprise Surveys, http://www.enterprisesur- veys.org; and World Bank Group, Doing Business, http://www .doingbusiness.org. 2 Coleman and Carsky 1996; Coleman 2000; Orser, Hogarth-Scott and Riding 2000. 3 Gaye and others 2010. 4 The United States has signed but not ratified the convention. 5 Duflo 2012. 6 Friedemann-Sánchez 2008; Deere and León 2001, 2003b. 7 Allendorf 2007; Duflo 2003. 8 Demirguc-Kunt, Klapper and Singer 2013. 9 Deere and León 2003b; Quisumbing and Hallman 2005; Deere and Doss 2006. 10 IFC 2011. 11 Law and Development Partnership 2011. 12 IFC 2011. 13 Zveglich and van der Meulen Rodgers 2003. 14 Eissa 1995; Eissa and Hoynes 2004; Eissa, Kleven and Kreiner 2008. 15 Averett, Peters and Waldman 1997; Baker, Gruber and Milligan 2008. 16 Gloppen and Kanyongolo 2007. 17 Djankov and others 2003. 18 UN Women 2011. Women, Business and the Law 2014 7 Key Findings In the past 50 years women’s legal status has improved all over the world. But many laws still make it difficult for women to fully participate in economic life—whether by getting jobs or starting busi- nesses. Discriminatory rules bar women from certain jobs, restrict access to capital for women-owned firms and limit women’s capacity to make legal decisions. Gender differences in laws affect both developing and developed economies, and women in all regions. Highlights from Women, Business and •• Women are more likely to have accounts at formal financial institutions in economies with a default full the Law 2014 community of property or partial community of prop- •• Almost 90% of the 143 economies covered by Women, erty marital regime than in economies with a default Business and the Law 2014 have at least one legal dif- separation of property marital regime. ference restricting women’s economic opportunities. •• New data explore legal quotas on the share of women •• Twenty-eight economies have 10 or more legal dif- on corporate boards, in parliaments and local govern- ferences for men and women in the areas covered by ments, and serving as judges on constitutional courts. Women, Business and the Law. Among these, 25 are The data find that 6 economies have quotas for women in the Middle East and North Africa and Sub-Saharan on boards of publicly listed companies and 12 have legal Africa. quotas for women in parliaments. Among the 123 econ- omies covered by Women, Business and the Law that •• The 50 Years of Women’s Legal Rights database has have constitutional courts or court-like bodies, women made it possible to take two Women, Business and the are represented on all but 19. Law indicators (Accessing institutions and Using prop- erty) backward in time for 100 economies for 50 years. •• Of the economies measured, 76 have established ex- The results are striking: more than half of the restric- plicit legislation addressing domestic violence but only tions in these two indicators in place in 1960 had been 32 have specific provisions on sexual harassment in removed by 2010. schools. Even less prevalent is legislation on sexual ha- rassment in public spaces—only 8 of the 100 economies •• Over the past 50 years, economies in Sub-Saharan Africa examined have enacted such laws. and Latin America and the Caribbean have reformed the most in Accessing Institutions and Using property. •• Over the past two years the most reforms have oc- How common are gender differences curred in Côte d’Ivoire, Mali, the Philippines and the in laws? Slovak Republic for the six indicators measured by Women, Business and the Law measures restrictions on Women, Business and the Law. women’s employment and entrepreneurship as well as in- •• But many restrictions remain. In 15 economies hus- centives for women’s employment in 143 economies. The bands can object to their wives working and prevent dataset captures 21 legal differences for unmarried women them from accepting jobs. and 26 for married women that affect women’s economic opportunities, for a total of 47 differences across five indica- •• In 79 economies laws restrict the types of jobs that tors (box 2.1). women can do. The most extensive restrictions on women’s employment are in Eastern Europe and Of the 143 economies covered by Women, Business and Central Asia. And some benefits, when taken to a cer- the Law, 128 have at least one difference between women tain threshold, can undermine women’s labor force and men according to this simple measure (figure 2.1). The participation. For example, in economies where the cu- 28 economies with 10 or more legal differences are in the mulative duration of paid maternity and parental leave Middle East and North Africa (14 economies), Sub-Saharan available for mothers exceeds two years female labor Africa (11), East Asia and the Pacific (2) and South Asia (1). force participation is lower. •• Policies encouraging women to join and remain in the The 15 economies with no legal differences between women labor force are associated with less income inequality. and men in the areas measured are Armenia, Canada, the 8 Women, Business and the Law 2014 Dominican Republic, Estonia, Hungary, Kosovo, Mexico, Numbers of gender legal Namibia, the Netherlands, New Zealand, Peru, Puerto Rico Figure 2.1 differences vary by economy (U.S.), the Slovak Republic, South Africa and Spain. 15 Some methodological considerations 28 The measure of legal gender differences is constructed by adding the restrictions on married and unmarried women 42 together. Five restrictions that only apply to married women 28 are counted once, while 21 restrictions that apply to married Key Findings or unmarried women are counted twice, for a total of 47 restrictions. For example, only married women can be legally 30 required to obey their husbands, while both married and unmarried women may be legally prohibited from working in Number of legal restrictions certain jobs. The measure of legal gender differences can sum 0 0<#<3 3≤#<5 5 ≤ # <10 ≥10 to a whole number or a decimal for any economy because the question on job restrictions has eight sub-questions that Source: Women, Business and the Law database. examine specific restrictions on women’s work. Thus each sub-question is equal to one-eighth. is contrary to constitutional nondiscrimination and equality. Of all the questions covered by Women, Business and the These questions were selected because of the importance Law, only 47 are included in this measure. Twenty-two ques- of specific constitutional protections on nondiscrimination tions are included because they contain explicit gender-based for gender equality and assume that customary and per- differences. Three questions pertain to constitutional rights: sonal laws might include gender-based legal differences. the absence of a nondiscrimination clause in the constitution One question pertains to the absence of legal recognition for with gender as a protected category, the validity of custom- nonmonetary contributions to marital property. This question ary law even if it is contrary to constitutional nondiscrimina- was selected based on the assumption that women are more tion and equality, and the validity of personal law even if it BOX 2.1  egal differences for married and unmarried women L Women, Business and the Law examines differences by comparing men and women of the same marital status on the following 21 areas: 1. Applying for a passport 12. Having ownership rights over property 2. Traveling outside the home 13. Having inheritance rights over property 3. Traveling outside the country 14. Working the same night hours 4.  Getting a job or pursuing a trade or profession without 15. Doing the same jobs permission 16. Enjoying the same statutory retirement age 5. Signing a contract 17. Enjoying the same tax deductions or credits 6. Registering a business 18. Having their testimony carry the same evidentiary weight in 7. Being “head of household” or “head of family” court 8. Conferring citizenship on their children 19. Absence of a gender or sex nondiscrimination clause in the 9. Opening a bank account constitution 10. Choosing where to live 20. Validity of customary law if it violates the constitution 11. Obtaining a national identity card 21. Validity of personal law if it violates the constitution In addition, the dataset captures five other areas applicable only to married women: 22. Being legally required to obey their husbands 25. Having legal recognition for nonmonetary contributions to 23. Being able to convey citizenship to their non-national husband marital property 24. Administering marital property 26. Having inheritance rights to the property of their deceased husbands Women, Business and the Law 2014 9 likely to perform activities that benefit the household but are not paid for, such as childcare. BOX 2.2 P  olicies that affect women’s economic The questions which are not part of this measure can be opportunities divided into three sets. First, questions that are not gender differentiated but may disproportionately affect women 1. Length of paid maternity leave because of the types of businesses they are concentrated 2. Length of paid paternity leave in—such as businesses that are smaller, more likely to be 3. Ratio of the length of paid paternity to paid maternity leave home-based and more likely to operate in the informal sec- 4.  Laws penalizing or preventing employers from firing tor. Second, questions describing legal frameworks, such pregnant women as marital property regimes, that are gender neutral. Third, 5.  Laws requiring employers to give the same or an equivalent questions from the pilot indicator on Protecting women from position to female employees when they return from violence that are presented separately. The questions are not maternity leave weighted by their importance to women or by the number of 6.  Laws requiring employers to provide break times for women affected. For example, prohibitions on women work- nursing mothers ing in mines can affect women more intensely where mining 7. Tax deductions applicable to women is a major industry, but may matter less in economies where 8. Legal quotas for women on corporate boards it is not—while requirements for married women to get their 9. Legal quotas for women in parliaments husbands’ permission to travel outside the home affect all 10. Legal quotas for women in local governments married women. 11. Laws mandating equal remuneration for women and men for work of equal value 12. Laws mandating nondiscrimination in hiring practices How common are legal incentives encouraging women to work? Of these, 10 directly relate to promoting women’s employ- Governments also institute policies that encourage women ment—including quotas, benefits associated with maternity to work and make it easier for them to do so. Such policies and paternity leave and women-specific tax deductions. The can range from nondiscrimination in hiring to maternity and other 2 involve equalizing the treatment of women and men paternity leave regimes to quotas encouraging women’s par- in the workplace through equal remuneration for work of ticipation in economic life. Women, Business and the Law equal value and nondiscrimination in hiring practices. examines 12 such legal provisions (box 2.2). FIGURE 2.2 Legal differences and incentives for women to work differ widely 30 25 20 Legal differences 15 10 5 0 Saudi Arabia Jordan Mauritania Iran, Islamic Rep. Sudan United Arab Emirates Yemen, Rep. Oman Malaysia Syrian Arab Republic Kuwait Egypt, Arab Rep. Pakistan West Bank and Gaza Mali Cameroon Senegal Guinea Lebanon Congo, Dem. Rep. Niger Gabon Benin Congo, Rep. Morocco Tunisia Algeria Indonesia Montenegro Nepal Chad Madagascar India Togo Azerbaijan Tajikistan Chile Sri Lanka Philippines Bangladesh Côte d'Ivoire Israel Sierra Leone Haiti Singapore Belarus Bolivia Moldova Russian Federation Ukraine Argentina Papua New Guinea Lesotho Macedonia, FYR Mauritius Uganda China Costa Rica Taiwan, China Fiji Honduras Jamaica Mozambique Nigeria Turkey Zimbabwe Botswana Bulgaria Croatia El Salvador Georgia Ghana Lao PDR Source: Women, Business and the Law database. 10 Women, Business and the Law 2014 These incentives represent an initial cataloguing of govern- in 1960 South African women in customary unions were ment policies that can encourage women’s economic par- deemed legal minors, with their husbands as guardians. The ticipation. But they are not an exhaustive list of government 1998 Recognition of Customary Marriages Act reformed this policies promoting women’s economic opportunities. by ensuring that women in customary unions had full status and capacity, including the ability to acquire and dispose of When incentives for women to work are mapped against assets, enter into contracts and litigate. legal differences in women’s economic opportunities as mea- sured by Women, Business and the Law, economies with Most economies examined in Latin America and the Caribbean the most legal differences tend to provide fewer incentives had removed the gender legal differences measured since (figure 2.2). 1960. Between 1960 and 2010 significant reforms occurred in Argentina, Bolivia, Brazil, Colombia, Peru and Paraguay. Key Findings Hungary, the Slovak Republic and Spain have no legal differ- Until 1988 in Brazil the husband was the head of household, ences and six or more incentives. Oman, Saudi Arabia, the giving him sole legal ability to represent the family, choose United Arab Emirates and the Republic of Yemen have more the family domicile and administer marital assets as well as than 20 differences and fewer than two incentives. his wife’s separate assets. Since then women have had equal recognition in these areas. How have restrictions on women’s Economies in East Asia and the Pacific covered by Women, legal rights changed over time? Business and the Law also made significant reforms in the areas examined. These include Indonesia’s 1974 Law on Gender-based restrictions on women’s legal capacity and Marriage, which replaced the 1874 Dutch Civil Code and property rights have fallen in recent decades. The 50 Years of granted married women greater rights, including the ability Women’s Legal Rights database has made it possible to take to open individual bank accounts. two Women, Business and the Law indicators (Accessing institutions and Using property) backward in time for 100 In Eastern Europe and Central Asia the communist influ- economies for 50 years. The results are striking: more than ence on legal systems resulted in few gender differences half the restrictions in these two indicators in place in 1960 in women’s property rights and legal capacity as measured had been removed by 2010 (figure 2.3). by the Using property and Accessing institutions indicators. The differences that did exist in 1960 had been removed by Sub-Saharan Africa had the most restrictions in 1960—and 2010. The OECD high-income economies covered had also by 2010 had implemented the most reforms. For example, removed the measured differences by 2010. Incentives Romania Tanzania Kazakhstan Kyrgyz Republic Uzbekistan Vietnam Burkina Faso Burundi Colombia Liberia Malawi Mongolia Poland Czech Republic Angola Brazil France Nicaragua Panama Slovenia Albania Australia Austria Belgium Cambodia Denmark Finland Germany Greece Guatemala Hong Kong SAR,China Iceland Ireland Italy Kenya Latvia Lithuania Norway Paraguay Portugal Rwanda Serbia Sweden Switzerland United Kingdom United States Uruguay Venezuela, RB Zambia Thailand Ecuador Bosnia and Herzegovina Ethiopia Korea, Rep. Japan Armenia Canada Dominican Republic Estonia Hungary Kosovo Mexico Namibia Netherlands New Zealand Peru Puerto Rico (U.S.) Slovak Republic South Africa Spain Women, Business and the Law 2014 11 The Middle East and North Africa and South Asia have Reformers in South Asia include Nepal, which in 2002 re- changed the least since 1960 in the areas covered. Though formed its General Code to allow, among other things, un- some constraints have been removed in both regions, many married daughters under 35 to inherit property. But the re- restrictions remain. One example of reform in the Middle East form did not cover married daughters regardless of their age. and North Africa is the changes that occurred in Morocco in 1996, when the Commercial Code was amended to allow Over time some of the measured legal restrictions have be- married women to engage in commercial activities without come nearly obsolete. Since 1960, 18 of the economies ex- the permission of their husbands. In 2004 the passage of a amined have lifted requirements that married women must new Family Code also equalized the right of both spouses to have their husbands’ permission to initiate judicial proceedings: make household decisions. Angola (1996), Argentina (1968), Austria (1975), Benin (2002), Bolivia (1975), Brazil (1962), the Dominican Republic (1978), Yet additional legal barriers have been introduced. In 1994 Indonesia (1963), Lesotho (2006), Mozambique (2004), the Republic of Yemen removed the constitutional provision Namibia (1996), Paraguay (1987), Portugal (1966), Rwanda on nondiscrimination. Moreover, after the reunification of (1988), South Africa (1998), Spain (1981), Switzerland (1984) Yemen in 1990, gains in women’s rights made in the Arab and Zimbabwe (1982).1 Republic of Yemen (in the south) were reversed. The Islamic Republic of Iran also saw reversals in legal protections. The Yet these restrictions still exist in the Democratic Republic of 1975 Family Protection Law equalized the right to work for the Congo. According to articles 450 and 451 of the Family both spouses, but in 1979 the law was reversed—once again Code, married women require spousal permission to sue in allowing husbands to keep their wives from working. After civil matters unless the suit is against their husbands. And 1979, laws were also put in place limiting women’s economic under Liberia’s Code of Civil Procedure a married woman opportunities. For example, women judges were no longer who brings action in court must have her husband joined as allowed to impose sentences, limiting their ability to work in a party to the suit. Only if the action is against her husband the judiciary. In addition, women faced restrictions on their or she is suing in connection with a business she operates mobility that had not been in place before. can she file independently. A more recent reversal in legal rights occurred in the Arab Legal restrictions remain on the books in other areas. An Republic of Egypt, where the removal of constitutional non- example is the requirement that husbands give their wives discrimination based on gender has led to a discussion on the permission to work. Women, Business and the Law 2014 relationship between legal rights and gender equality. found that 15 economies still have this restriction. Yet many FIGURE 2.3 Evolution of restrictions over time in 100 economies 50 40 30 % of restrictions 20 10 0 Sub-Saharan Middle East South Asia East Asia Latin America OECD Europe & Africa & North Africa & Pacific & Caribbean high income Central Asia 1960 2010 Source: 50 Years of Women’s Legal Rights database; Hallward-Driemeier, Hasan and Rusu forthcoming. Note: Where data are unavailable for 1960, the first known value is used. 12 Women, Business and the Law 2014 economies have removed it. Since 1960 at least two dozen were captured by the Providing incentives to work indicator. economies have curtailed husbands’ legal power to restrict Married women who previously faced additional hurdles in their wives from working, including France (1965), Indonesia claiming tax deductions for their children or husbands be- (1974), Morocco (1996), Peru (1984), South Africa (1998) cause they were barred from being legal heads of household and Turkey (2001).2 And in the past two years Côte d’Ivoire, can now equally claim the same deductions as married men, Mali and Togo have reformed such laws. reducing their overall tax burden and increasing their incen- tives to join the workforce. Where are relationships between Mali abolished differences that allowed husbands to pre- women and the law changing? vent their wives from working, which were captured by the Accessing institutions indicator, and introduced equal Key Findings Over a two-year period ending in April 2013, Women, inheritance rights for spouses, triggering the Using property Business and the Law recorded 59 legal changes in 44 indicator. economies on its six established indicators (table 2.1). Of these changes, 48 increased gender parity, 11 were neutral The Philippines lifted restrictions on night work for women, to gender parity and none reduced gender parity. as captured in the Getting a job indicator, and has a new credit bureau with no minimum loan amount that also col- Who reformed the most? lects information from microfinance institutions, as reflected in the Building credit indicator. Côte d’Ivoire, Mali, the Philippines and the Slovak Republic each increased gender parity in two Women, Business and The Slovak Republic increased the percentage of wages the Law indicators. Côte d’Ivoire reformed in the Accessing paid during maternity leave from 55% to 65%, affecting the institutions and Providing incentives to work indicators. Getting a job indicator. It also raised the maximum amount Previously in Côte d’Ivoire only husbands could decide on of a small claim, allowing additional claims to be processed the family residence and could legally stop their wives from by small claims courts and triggering changes in the Going to working if they deemed that the work was not in the inter- court indicator. ests of the family. Husbands were also the legal heads of household. A 2013 reform allows both spouses to choose the family residence and stop the other from working if Changes by indicator they deem it against family interests. Moreover, the position For the Accessing institutions indicator, in addition to the of head of household was removed. These reforms in the changes made in Côte d’Ivoire and Mali, Togo enacted a Accessing institutions indicator also had tax implications that new Family Code giving both spouses the right to choose TABLE 2.1  n recent years many economies made changes increasing I or neutral to gender parity Women, Business and Changes reducing gender the Law indicator Changes increasing gender parity Changes neutral to gender parity parity Accessing Botswana; Côte d’Ivoire; Jamaica; Mali; Syrian Arab institutions Republic; Togo; Zimbabwe Using property Mali Getting a job Belgium; Bolivia; Chile; China; Colombia; Ethiopia; Belgium; Finland; Hungary; Italy; Latvia; Hungary; Italy; Lithuania; Malawi; Mexico; Lithuania; Malaysia; Netherlands; Poland; Montenegro; Norway; Philippines; Poland; Slovak United Kingdom Republic; Slovenia; Ukraine; Venezuela, RB; Vietnam Building credit Algeria; Angola; Cambodia; Egypt, Arab Rep.; Ethiopia; Ghana; Kenya; Lao PDR; Macedonia, FYR; Mauritius; Philippines; Tajikistan; Vietnam Providing incentives Côte d’Ivoire; Israel to work Going to court Latvia; Netherlands; Slovak Republic; Uganda; United Malaysia Kingdom Source: Women, Business and the Law database. Women, Business and the Law 2014 13 the family domicile. The new code also allows each spouse registries now also include information from microfinance to object to the profession of the other. Under the previous institutions, as do private credit bureaus in Egypt, Kenya, code only husbands could do so. Ghana and the former Yugoslav Republic of Macedonia. Cambodia and Tajikistan have new credit bureaus with no Botswana and the Syrian Arab Republic enacted new con- minimum loan amounts that also collect information from stitutions including nondiscrimination clauses with gender microfinance institutions. The Lao People’s Democratic as a protected category. Jamaica enacted a constitutional Republic has a new credit registry that includes informa- amendment adding a gender equality clause and a non- tion from microfinance institutions. In Ethiopia loans of any discrimination clause with gender as a protected category. amount are now included in the credit reporting system. Zimbabwe also enacted a new constitution under which cus- tomary law is no longer exempt from constitutional protec- For the Providing incentives to work indicator, reforms oc- tions on nondiscrimination. curred in Côte d’Ivoire (discussed above) and Israel, whose Cabinet approved free education to all children 3 and older. For the Getting a job indicator, 20 economies made changes Previously free education was provided only for children toward gender parity. In addition to the changes in the above the age of 5. Philippines and the Slovak Republic, Belgium extended the length of parental leave and Chile introduced it. China, Finally, 11 economies made changes that were neutral to Colombia, República Bolivariana de Venezuela and Vietnam gender parity but still affect the Women, Business and the increased the number of days for maternity leave, and Bolivia Law indicators. Italy introduced a day of paternity leave on and Mexico introduced paid paternity leave. Mexico also an experimental basis for 2013–15, and Latvia temporar- adopted legislation prohibiting the dismissal of women for ily reduced the percentage of wages paid during maternity being pregnant, and Montenegro adopted legislation requir- and paternity leave. Lithuania gave parents more options ing employers to give women their jobs back after returning in terms of the length of parental leave they could choose from maternity leave. It also adopted 365 days of paid pa- and the percentage of wages received. In Hungary paternity rental leave, 45 of which are reserved for the mother (while leave used to be paid by the government but is now paid decreasing the length of maternity leave). Norway extended by employers. Belgium and Finland increased pensionable the length of paid parental leave and increased the quota of ages, Malaysia increased its retirement age and made proce- parental leave reserved for fathers. dural changes to its small claims courts and the Netherlands is gradually increasing retirement and pensionable ages. Hungary’s new Labor Code removed women-specific restric- These four economies have maintained existing gender par- tions in employment, instead providing employment protec- ity. Poland raised the pensionable age for women from 60 tions for all workers. The previous code prohibited employing to 62 but maintained unequal pensionable ages for men women and young people for work that could have detri- and women. Meanwhile, the United Kingdom adopted the mental effects on their physical condition or development. Employment Equality (Repeal of Retirement Age Provisions) The new Labor Code provides protection against harm- Regulations, phasing out pensionable ages for women and ful jobs for both women and men regardless of their age. men. Slovenia removed night work restrictions on women. Italy and Ukraine raised and equalized retirement and pensionable ages for women and men. Lithuania and Poland are gradu- Why do relationships between women ally increasing and equalizing retirement ages, and Slovenia and the law matter? is doing the same for retirement and pensionable ages. Ethiopia and Malawi introduced retirement and pensionable Regulatory restrictions on women’s economic participa- ages for women and men. tion are associated with real economic outcomes. Women, Business and the Law and World Bank Enterprise Surveys For the Going to court indicator, four economies reformed data show that lower legal gender parity is associated with in addition to the Slovak Republic. Latvia and Uganda intro- fewer women participating in the ownership of firms (figure duced small claims procedures, and the Netherlands and the 2.4). United Kingdom raised the maximum for small claims. Using the Gini coefficient of inequality as a proxy, Women, For the Building credit indicator, 12 economies recorded Business and the Law data show that policies encouraging positive reforms in addition to the Philippines. Algeria elimi- women to join and remain in the labor force are associated nated the minimum loan amount for inclusion in the credit with less income inequality (figure 2.5). Ensuring that women registry, which now includes information from microfinance are encouraged to work helps promote shared prosperity institutions. In Angola, Mauritius and Vietnam public credit around the world. 14 Women, Business and the Law 2014 Gender-based legal Legal gender equality matters for women’s economic oppor- Figure 2.4 restrictions are associated tunities. It matters for women’s access to finance and entre- with lower female preneurial activities. And it matters for increasing equality of participation in ownership of opportunity in economies. Whether by easing restrictions on firms women’s employment and business activities or by adopt- ing policies increasing women’s ability to take up economic % of firms with female participation in ownership 80 activities, gender equality is smart economics. 60 Where do things stand on women and the law globally? Key Findings 40 Around the world, economies tend to cluster their legisla- 20 tive choices by region, partly because economies are likely to have similar legal histories and share some sociocultural norms and values. 0 0 5 10 15 20 25 OECD high-income economies and those in Eastern Europe Number of legal restrictions and Central Asia do not impose many legal restrictions on Source: Women, Business and the Law database; World Bank World Development Indicators women as measured by the Accessing institutions and Using database; World Bank Enterprise Surveys, http://www.enterprisesurveys.org/. property indicators. But economies in Eastern Europe and Note: The figure is based on 94 economies for which data are available. The negative rela- Central Asia have pervasive restrictions on women’s employ- tionship between legal restrictions and the percentage of firms with female participation in ment, as measured by the Getting a job indicator. ownership is statistically significant at the 5% level even after controlling for 2011 income per capita. The regression analysis of this relationship includes 70 economies for which data In Latin America and the Caribbean and East Asia and the are available. These statistical relationships cannot be interpreted as causal. Pacific explicit legal gender differences are less common in the areas measured by the Accessing institutions and Using property indicators. But they still exist in some economies including Ecuador, Honduras, Indonesia, Malaysia and the Economies that provide more Figure 2.5 Philippines. incentives for women to work have greater income equality Explicit legal gender differences are more common in the Middle East and North Africa, South Asia and Sub-Saharan 60 Africa, both in Accessing institutions and Using property. All 14 economies covered in the Middle East and North Africa 50 have at least one legal differentiation in both Accessing insti- Gini coeffficient tutions and Using property, as do all five economies covered 40 in South Asia. Of the 36 economies covered in Sub-Saharan Africa only 6—Angola, Burkina Faso, Ethiopia, Namibia, South 30 Africa and Zimbabwe—have no legal differentiations in these areas. Moreover, benefits such as paternity leave, designed 20 to share child-raising responsibilities and free women’s time to work outside the home, are rare in these three regions. In 0 2 4 6 8 fact, none of the economies covered in South Asia offers any Number of incentives paternity leave. Source: Women, Business and the Law database; World Bank World Development Indicators database; All the Ginis dataset, updated October 2012, http://econ.worldbank.org/projects/ The following sections examine new data and regional trends inequality; Milanovic 2005. in the Women, Business and the Law indicators. Note: The figure is based on 120 economies for which data are available. A Gini coefficient of 0 indicates perfect equality and a Gini coefficient of 100 indicates maximum inequality. The negative relationship between incentives and the Gini coefficient is statistically Accessing institutions significant at the 5% level even after controlling for 2011 income per capita, welfare (income or consumption/expenditure, gross or net) and the recipient unit (household or Lack of autonomy to interact with government institutions individual) to which the reported Gini refers. The regression analysis of this relationship or conduct official transactions restricts women’s ability to includes 74 economies for which data are available. These statistical relationships cannot be conduct basic transactions. interpreted as causal. Women, Business and the Law 2014 15 A husband’s legal veto power are the legal heads of households, they also choose the fam- To determine whether women and men have the same ca- ily residence. pacity to operate in and access the business environment, In 15 of the 143 economies covered by Women, Business and Women, Business and the Law examines 11 actions that the Law, husbands can prevent their wives from working. In women might have to take to earn an income.3 Some are Guinea a husband may object to his wife’s employment if his directly related to women’s abilities to function in the busi- objection is based on the interests of the family. A wife can ness environment, such as being able to take a job or pursue go to court and have her husband’s objection overturned, a profession. Others, such as the ability to travel outside the but must prove to the court that his objection is unjustified. home or country, are indirectly related. But each can affect a woman’s ability to function without hindrance in the busi- Vestiges of history remain codified in certain economies ness environment. Each action is examined separately for simply because legislation such as the Code Napoléon was married and unmarried women. The data show that most adopted wholesale and not regularly reviewed or updated. restrictions apply only to married women (table 2.2). The notion of head of household, for example, was removed from France’s Civil Code in 1970 but persists in many civil In 29 economies husbands are the legally designated heads codes throughout West Africa. of households. That means that husbands control key de- cisions such as choosing the family residence or obtaining Other restrictions are holdovers from history as well. Niger’s official documents. In 19 of the economies where husbands Family Code still only allows women to open bank accounts to deposit funds that their husbands gave them if banks first TABLE 2.2  n many economies married women do not take some Actions the same I way as married men Action Economies where married women do not perform the action the same way as married men Be head of household Benin; Burundi; Cameroon; Chad; Chile; Congo, Dem. Rep.; Congo, Rep.; Gabon; Guinea; Honduras; Indonesia; Iran, Islamic Rep.; Jordan; Madagascar; Mali; Mauritania; Morocco; Nicaragua; Niger; Oman; Philippines ; Rwanda; Saudi Arabia; Senegal; Sudan; Togo; Tunisia; United Arab Emirates; Yemen, Rep. (29) Choose where to live Benin; Burkina Faso; Cameroon; Chad; Congo, Dem. Rep.; Congo, Rep.; Gabon; Guinea; Haiti; Iran, Islamic Rep.; Jordan; Kuwait; Malaysia; Mali; Nicaragua; Niger; Oman; Rwanda; Saudi Arabia; Senegal; Sudan; Syrian Arab Republic; United Arab Emirates; West Bank and Gaza; Yemen, Rep. (25) Apply for a passport Benin; Botswana; Cameroon; Congo, Rep.; Egypt, Arab Rep.; Fiji; Gabon; Haiti; Iran, Islamic Rep.; Jordan; Kuwait; Malawi; Oman; Pakistan; Saudi Arabia; Sudan; Uganda; United Arab Emirates; Yemen, Rep. (19) Confer citizenship on her Guinea; Iran, Islamic Rep.; Jordan; Kuwait; Lebanon; Madagascar; Malaysia; Mali; Mauritania; Nepal; Oman; Saudi Arabia; children Sudan; Syrian Arab Republic; United Arab Emirates; West Bank and Gaza (16) Get a job without permission Bolivia; Cameroon; Chad; Congo, Dem. Rep.; Gabon; Guinea; Iran, Islamic Rep.; Jordan; Kuwait; Mauritania; Niger; Sudan; Syrian Arab Republic; United Arab Emirates; West Bank and Gaza (15) Obtain a national identity card Benin; Cameroon; Egypt, Arab Rep.; Mauritius; Oman; Pakistan; Saudi Arabia; Senegal; Togo (9) Travel outside the home Iran, Islamic Rep.; Jordan; Kuwait; Malaysia; Oman; Sudan; Syrian Arab Republic; West Bank and Gaza; Yemen, Rep. (9) Travel outside the country Oman; Saudi Arabia; Sudan; Syrian Arab Republic (4) Open a bank account Congo, Dem. Rep.; Niger (2) Register a business Congo, Dem. Rep.; Pakistan (2) Sign a contract Congo, Dem. Rep. (1) Source: Women, Business and the Law database. 16 Women, Business and the Law 2014 notify the husbands. But women can open bank accounts in boards. Thus the initial lack of diversity among female board their own names if they have their own jobs, in which case members might be a transitional issue. their husbands do not have to be notified. Such legal provi- sions used to be common throughout Europe. Complicated Of the 143 economies measured by Women, Business and provisions such as these can create confusion among fi- the Law, 12 have legal quotas for women in parliaments. nancial institutions, which might simply require all married The proportion of women in parliaments is 6 percentage women to get permission from their husbands before open- points higher in these economies than in economies with- ing bank accounts even when not legally bound to do so. out legal quotas.5 Though this represents a small number of economies, the result suggests that quotas may be an effective policy tool for increasing female representation in Women in leadership positions parliaments. Key Findings Women, Business and the Law 2014 expands the data cov- erage on Accessing institutions to better examine women’s Decisions by legislative bodies with more women may quali- ability to access the institutions of public and economic life. tatively differ from those by institutions with fewer women The data now cover legal quotas on the share of women on involved in decision making. A study of 265 village councils corporate boards and in parliaments and local governments.4 in two states in India where a third of the positions of council head had been reserved for women since 1993 found that The principle of equity is at the core of arguments in favor leaders invest more in infrastructure directly relevant to the of gender quotas. Quotas can enable a more equitable rep- needs of their gender.6 resentation of women in leadership positions, improving their descriptive representation—which may translate into Women’s participation in parliaments might also affect gov- more equitable representation of women’s interests in de- ernment spending priorities. One cross-country study that cision making. This aims to improve women’s substantive analyzed government spending over more than 35 years representation. found that economies with gender quotas spent more mon- ey on social services and welfare than economies without Six economies have established quotas for women on boards them.7 Moreover, women’s participation in parliaments might of publicly listed companies. These quotas vary. Rwanda’s affect their labor force participation rates. Analysis based on constitution sets a minimum of 30% for women and men on Women, Business and the Law data shows that female labor boards of publicly listed companies. In 2010 Iceland set a 40% force participation rates are higher in economies with legal quota for women’s representation on corporate boards, and quotas for women in parliaments.8 in 2011 Belgium and Italy established 33% quotas. France’s Law 2011-103, enacted in January 2011, established a 20% Beyond improving equity in representation and policy quota, to be progressively raised to 40%. outcomes, quotas might help allocate women’s talents more efficiently. The public and practical demonstration of Norway led the way on this issue in 2002, when its Secretary those talents may, in turn, change gender-biased attitudes of State for Trade and Industry proposed voluntary quotas for and social norms, and reveal role models who foster other increasing women’s representation on corporate boards. The women’s aspirations. In the Indian state of West Bengal the goal was to reach average representation of 40% by 2005, 1993 quotas for female village councilors changed expecta- up from 6%. By the deadline the average had only increased tions and beliefs about what women can achieve. In villages to 25%, so parliament amended the Public Companies administered by female councilors, parents expressed higher Act—making quotas mandatory and establishing a new aspirations for their daughters’ educations and occupations. deadline of 2008. The quotas were to be enforced first by Adolescent girls also attained higher education levels and fines, then deregistration from the Oslo Stock Exchange and, spent less time on domestic chores.9 finally, dissolution. By 2008 more than 80% of listed firms had complied. Critics of the Norwegian experience have stressed the lim- Using property its of corporate board quotas. In addition to the argument The importance of land ownership goes beyond capital ac- that governments should not determine the composition cumulation. Access to and control over land provides income of corporate boards, critics pointed out the lack of diversity and reinforces bargaining power and agency. Moreover, the among female board members after a small number of senior ability to leverage property as collateral is important for both women accumulated a large share of the new board appoint- female and male entrepreneurs. But regional and local gen- ments. The relatively few qualified women available to serve der asset gaps persist in property ownership, particularly for on boards when quotas were introduced in Norway led to the major assets.10 emergence of private initiatives to train women to serve on Women, Business and the Law 2014 17 Unequal inheritance regimes are one cause of gender im- wealth. It found that in Ecuador married women owned balances in assets. In 98 economies equal inheritance rights 44% of couples’ wealth, in Ghana they owned 19% and in were related to a higher likelihood of women having formal Karnataka the owned 9%. The much larger share of couples’ bank accounts and credit.11 Another reason for gender asset wealth held by married women in Ecuador was explained by gaps may be the structure of marital property regimes. A the fact that it has a partial community of property regime, marital property regime determines the system of property where most assets are owned jointly by wives and husbands. ownership and management between spouses during the Married women’s smaller share of couples’ wealth in Ghana course of a marriage and at its dissolution through death or and Karnataka was largely explained by their separation of divorce (box 2.3). property regimes, where assets are not jointly owned.12 Full and partial community of property regimes implicitly rec- Marital property regimes can also relate to married women’s ognize the importance of nonmonetary contributions to the financial inclusion. Under full and partial community regimes, household, such as childcare and household labor, by pre- assets such as bank accounts, savings, stocks and bonds are suming joint ownership of assets. This approach allows the generally legally presumed to be jointly owned. But women spouse with lower or no income to acquire greater wealth married under a separation of property regime must rely both during marriage and upon its dissolution. solely on assets they earn themselves, as well as their bar- gaining power in the household. Deferred full or partial community property regimes recog- nize the importance of nonmonetary contributions at the end Women, Business and the Law and the World Bank’s Global of a marriage (either through death or divorce) by equalizing Financial Inclusion (Global Findex) database show that in each spouse’s share of wealth at that time. This approach economies with a default full community of property regime, protects the spouse with lower or no income at the dissolu- there are on average 10 percentage points more female- tion of a marriage, but not during its course. owned accounts at formal financial institutions than in econ- omies with a default separation of property regime (figure Separation of property regimes leave the spouse with lower 2.6). One reason is that economies with full community of or no income at a disadvantage in terms of wealth accumula- property regimes may have more joint accounts between tion both during marriage and at its dissolution. wives and husbands. Available data do not make it possible to disaggregate joint accounts from individual ones. A study on gender asset and wealth gaps in Ecuador, Ghana and the Indian state of Karnataka used household asset Some separation regimes have enacted legislation protect- surveys to estimate married women’s share of couples’ ing spouses earning less or no incomes, recognizing the BOX 2.3 Marital property regimes The default marital property regime—the one governing the property relationship of every married couple unless they opt for an alternative— defines how each spouse can use, buy or sell property. Among the economies covered by Women, Business and the Law there are four common marital property regimes: •• Full community of property. All assets and income brought into a marriage, as well as those acquired during it, apart from inheritances or gifts to one spouse, are considered joint property. If a marriage ends, these assets are divided equally. Joint assets are also divided equally upon the death of either spouse. This regime is the default in 6 economies. •• Partial community of property. Assets acquired before marriage are considered the property of the acquirer. Assets and income acquired during marriage, apart from inheritances or gifts to one spouse, are considered joint property. If a marriage ends, each spouse retains ownership of their own assets. Assets acquired during the marriage are divided equally. Such assets are also divided equally upon the death of either spouse. This regime is the default in 65 economies. •• Deferred full or partial community of property. The rules of full or partial community of property apply at the time of a marriage’s dissolution (either by death or divorce). Prior to this time, the rules of separation of property regimes apply. This regime is the default in 16 economies. •• Separation of property. All property acquired by spouses before and during their marriage remains separate property. Each spouse has sole control of their assets. This regime is the default in 46 economies. Source: Women, Business and the Law database. 18 Women, Business and the Law 2014 “freedom of contracts” guaranteed by the U.S. constitution, FIGURE 2.6 Women are less likely to have formal accounts in women’s physiques and the performance of maternal func- separation of property tions required workplace protections.14 After this decision, marital regimes other states enacted similar protective legislation, such as maximum hour and minimum wage laws, health and safety regulations and prohibition of night work and certain occupations. With rapid changes in social mores and the incorporation of 60% 52% 50% women into the global workforce, many such restrictions no longer serve their original purpose. Better safety standards Key Findings and technology also raise the question of whether such protections are still needed for women—particularly women who are not pregnant or nursing—but not men. 40% 48% 50% Restrictions on women’s work To better understand gender-specific job restrictions, the Getting a job indicator examines jobs where women are more Separation of Partial community of Full community of property regime property regime property regime likely to face employment restrictions. Women, Business and the Law records eight areas of work where women face Female-owned accounts Male-owned accounts partial or complete employment bans: mining, construction, metalwork, factory work, jobs requiring lifting objects above Source: Women, Business and the Law database; Global Financial Inclusion (Global Findex) a certain weight, jobs considered too hazardous for women, 2012 database; World Bank World Development Indicators database. jobs considered too arduous for women and jobs considered Note: The figure includes data on 110 economies for which data are available and presents morally inappropriate for women (box 2.4). average values. Though the definition of jobs considered morally inappro- importance of nonmonetary contributions to the household. priate for women suffers from a lack of specificity, the op- Of the 46 economies covered by Women, Business and posite may be true of other gender-based job restrictions. the Law with separation of property regimes, 10 have leg- Economies in Eastern Europe and Central Asia, for example, islation expressly recognizing nonmonetary contributions: have detailed and lengthy lists of jobs prohibited for women Australia; Hong Kong SAR, China; Ireland; Jamaica; Kenya; (table 2.3). Malaysia; Tanzania; the United Kingdom; the United States; Of the 143 economies covered, 79 restrict women who are and Zambia. not pregnant or nursing from doing all the same jobs as men. Restrictions on working hours, sectors and occupations limit the range of jobs that women can hold and can lead Getting a job to occupational segregation and women’s confinement to All the economies covered by Women, Business and the Law low-paying sectors and activities.15 In fact, many of the jobs have labor regulations that differentiate between women prohibited for women are in highly paid industries such as and men. Some of these differences may facilitate wom- mining and manufacturing. en’s workforce participation—while others may prevent it. Differences in how women and men are treated under labor This has real implications for women’s earnings potential. law can affect women’s incentives and abilities to get the The Russian Federation had a high gender earnings dif- jobs of their choice. ferential during its transition to a market economy largely because of occupational segregation by gender. That seg- One common reason given by policy makers for restricting regation was related more to gender-based job restrictions women’s access to certain jobs is the desire to protect them. in Soviet-era labor regulations than to gender differences in Historically these measures stemmed from the perceived education or the higher incidence of part-time work among need to protect women’s physical integrity and reproduc- women. Because of their maternity and childcare functions, tive capacity. In 1908 the U.S. Supreme Court upheld an women were considered a specific labor force barred from Oregon state statute that limited the workday to 10 hours “unsuitable” occupations and encouraged to concentrate in for women employed in any mechanical establishment, fac- healthcare, education, light industry and white collar jobs.16 tory or laundry. The court held that, notwithstanding the Women, Business and the Law 2014 19 Restrictions on the types of work that women pursue can parental leave regimes—can increase women’s participa- also hurt firms and an economy’s overall competitiveness. tion in the workforce. Parental benefits enabling mothers, The pool of qualified candidates for open positions is arti- fathers or both to take paid or unpaid time off to care for ficially halved, reducing the likelihood of getting the most a child following birth can foster a more equitable division talented people for the jobs. Analyzing the number of restric- of childrearing responsibilities in the family. This in turn can tions on women’s work in the eight areas examined shows give women greater opportunities for career advancement. that having more restrictions is associated with lower labor Women, Business and the Law measures the length of paid force participation by women (figure 2.7). and unpaid maternity, paternity and parental leave and the rate at which it is paid. Maternity and parental benefits and women’s More women participate in the labor force in economies with employment longer fully paid maternity and parental leave available for Though restrictions on women’s work may lead to fewer new mothers.17 But too much leave can undermine women’s women working, other areas of labor legislation—such as labor force participation. In economies where the cumulative BOX 2.4 Jobs legally deemed morally inappropriate for women Some economies prohibit women from working in jobs legally deemed harmful to their moral character. Though this is an explicit restriction in labor codes, jobs that are “morally harmful” to women are often not defined objectively but left to employers to determine. Working at night can fall into this category if employers feel working at night is morally harmful to women. Bolivia’s General Labor Law prohibits women from working in “occupations that harm their morality and good customs” but does not define what that means, leaving it to employers to interpret. Labor codes can also conflate jobs that are morally inappropriate for women with those that are morally inappropriate for children without explain- ing what such jobs may entail. An example is Mauritania’s Labor Code, which prohibits the employment of children under 18, women and pregnant women for tasks that exceed their strength or might harm their health, physical integrity or moral conduct. Where women and children are treated the same way under labor law, it may make employers more likely to feel that women are incapable of carrying out particular jobs. Source: FAO 1994. TABLE 2.3 Number  and examples of jobs prohibited for women in some economies in Eastern Europe and Central Asia Number of specific jobs from which women are Economies barred Examples Belarus 252 Diver; porter; lumberjack; carpenter; stonecutter; repairer of wagons; transporting timber; tractor-driver; direct firefighting and emergency response; aircraft mechanic (technician) of radio equipment; pouring steel; laying concrete and asphalt; cross-border driver of vehicles with 14 or more passengers or trucks weighing more than 5 tons; processing of fish and seafood involving hand-mixing fish in salting tanks. Kazakhstan 299 Snowmobile driver; metal welder; machinist for diesel trains, locomotives, and electric multiple unit trains; railway fitter; operating cranes at sea; stoker of ship operating on solid fuel; drilling for oil and gas for developmental and exploration purposes; rubber-mixing equipment operator; blaster in mines; calibrator of pipes on the press; concrete products carver; presser of raw materials and fibers during initial processing of cotton; rescuer in gas emergencies; lumberjack. Russian Federation 456 Truck driver in agriculture; freight train conductor; deckhand (boatswain, skipper, assistant skipper and sailors of all denominations) on ships of all types of fleets as well as floating docks and cranes for loading grain, cement, coal and other dusty cargo; worker in integrated teams and longshoreman engaged in loading and unloading in ports and harbors; woodworker; installer of antennas at high places; mining rig operator; operator of chemical treatment of wells; lift machinist in oil and gas industry; bulldozer machin- ist; plumber involving the repair of sewer networks; metal and alloy smelter; driver of loading machine; pipe, furnace and flue cleaner; controller of speed of train wagons. Source: Women, Business and the Law database 20 Women, Business and the Law 2014 Restrictions on jobs open estimates that globally women account for 27% of all judg- Figure 2.7 to women can reduce the es.20 Evidence is emerging that women judges can make a number of women in the difference in outcomes of cases where gender is a salient workforce issue. For example, an analysis of U.S. federal appellate cases 100 in 1999, 2000 and 2001 found that a judge’s gender mat- tered in cases involving sex discrimination or sexual harass- Female labor force participation rate (% of female population ages 15-64) ment. Plaintiffs were twice as likely to win when a women 80 was on the panel deciding such cases. The data showed both that women judges were significantly more likely than their 60 male counterparts to find for the plaintiff in such cases and that having a woman on the panel increased the probability Key Findings 40 that male judges would support the plaintiff.21 20 Where gender equality is guaranteed in the constitution, constitutional reviews—that is, supervising implementation 0 2 4 6 8 of the constitution and jettisoning incompatible laws—al- Number of restrictions low challenges to discriminatory provisions in areas of law Source: Women, Business and the Law database; World Bank World Development Indicators such as the civil code, family law and criminal law. In 2004 database. South Africa’s Constitutional Court decided that the rule of Note: The negative relationship between the number of restrictions on women’s work and primogeniture in customary law, under which the eldest son the female labor force participation rate is statistically significant at the 5% level even after inherits the family land, was unconstitutional because of its controlling for 2011 income per capita. This relationship is based on regression analysis discriminatory impact on African women and children—argu- involving 103 economies for which data on 2011 income per capita are available. The figure ably the most vulnerable groups in society.22 Over the years is based on 139 economies for which data are available. These statistical relationships most economies have established institutional mechanisms cannot be interpreted as causal. to conduct constitutional reviews. These reviews vary across economies and legal traditions. To examine women’s rep- resentation in constitutional reviews as judges and chief duration of paid maternity and parental leave available for justices, Women, Business and the Law examines courts or mothers exceeds two years, female labor force participation court-like bodies mandated to conduct such reviews. is lower.18 Among the 123 economies covered by Women, Business and There are several possible reasons. Because women tend to the Law that have constitutional courts or court-like bod- take most or all of their leave entitlement, long periods of ies, women are absent from 19: Cameroon; the Democratic leave might cause their skills to deteriorate or become less Republic of Congo; Egypt; El Salvador; Hong Kong SAR, relevant, slowing their earnings and career progression. China; the Islamic Republic of Iran; Jordan; Kuwait; Lebanon; They might also lose touch with their professional network, Mauritania; Moldova; Pakistan; Panama; Peru; Senegal; which can reduce their opportunities for career advance- Thailand; Uruguay; the United Arab Emirates and the ment. Finally, employers may be less willing to hire women Republic of Yemen. who they suspect will take long maternity leaves in the near future. On the other hand, women judges preside over constitutional reviews in 16 economies: Bosnia and Herzegovina, Canada, These findings are consistent with a study of the labor mar- Costa Rica, Croatia, Gabon, Ghana, Ireland, Jamaica, New ket effect of paid leave in 30 OECD economies. Looking at Zealand, Niger, Nigeria, the Philippines, Sierra Leone, the paid leave duration and female employment rates between Slovak Republic, República Bolivariana de Venezuela and 1970 and 2010, the study finds that extending paid leave Zambia. results, on average, in higher female employment rates as long as the leave is less than two years. Additional weeks of Women account for 10% or less of the members of consti- leave have a negative impact on female employment and the tutional courts in nine economies: Belgium, Chile, Hungary, gender employment gap.19 India, Italy, Morocco, Nepal, Turkey and United Kingdom. In 71 economies women make up between 11% and 33% of in- stitutions in charge of constitutional reviews. In18 economies Going to court women represent between 34% and 50% of constitutional Women’s access to justice can be hindered by limits on their judges. And in six economies—Bolivia, the Kyrgyz Republic, representation in judicial institutions. The United Nations Latvia, Sierra Leone, Slovenia and Zambia—women account for more than 50% of members of constitutional courts. Women, Business and the Law 2014 21 Building credit in 25 of the economies measured both retailers and utilities provide information to credit reporting institutions. Establishing a good credit history can help entrepreneurs ac- cess finance. Lenders rely on credit histories to distinguish diligent clients from those with late payment records or de- Conclusion faulting loans. Borrowers who build and maintain good credit histories are rewarded with enhanced reputation collateral, Evidence is emerging on the value of reforms improving giving them the ability to qualify for larger loans and lower women’s legal parity. In 2000 Ethiopia revised its Family interest rates.23 Code, which had been in place since 1960. Among other things, the reform eliminated a husband’s right to deny his Several factors can affect women’s ability to build credit wife permission to work and required the consent of both histories. Where public credit registries and private credit spouses in the administration of marital property. bureaus only record loans above a certain threshold, they might exclude small borrowers like female entrepreneurs. Though the reform has now been implemented throughout Where credit registries and bureaus do not record loans Ethiopia, it was first introduced in three regions and two from microfinance institutions—for whom women make up charter cities. Two nationally representative surveys, one a large share of borrowers—the good repayment histories before the reform and the other five years later, allowed re- of microfinance clients cannot be leveraged. Finally, where searchers to estimate the reform’s impact. Where the reform information from nonbank institutions such as retailers and was followed, women’s labor force participation and work utilities is not used to assess borrowers’ creditworthiness, it outside the home increased. Women were also more likely to excludes those who lack traditional banking relationships, work full-time and in higher-skilled jobs.24 many of whom are women. Similarly, in 1994 two states in India—Karnataka and Of the 143 economies covered by Women, Business and the Maharashtra—reformed the Hindu Succession Act, giving Law, only 6 do not have a public credit registry or private women and men equal rights to inherit joint family property. credit bureau (the Democratic Republic of Congo, Jamaica, This change altered the control of assets in families and in- Lesotho, Malawi, Sudan and Tanzania). Among the 137 creased parental investments in their daughters.25 economies with credit reporting institutions, 16 have mini- The findings from these studies are consistent with analy- mum loan thresholds higher than 1% of income per capita. In sis of similar reforms. For example, around the turn of the this group thresholds range from 23% of income per capita 20th century most U.S. states reformed legislation affecting in Zimbabwe and 87% in Bangladesh to more than 20 times married women’s ability to own and administer property and income per capita in Nepal and Niger. conduct legal transactions. And state census data showed Among the 104 low-income, lower-middle-income and up- that expanding women’s economic rights through legal re- per-middle-income economies covered, microfinance institu- form led more girls to attend school.26 tions share credit information with public registries or private There is growing evidence showing the links between bureaus in 67. For example, in 2002 Nicaragua’s microfi- women’s legal rights and economic opportunities. Women, nance institutions began sharing such information through Business and the Law 2014 provides a rich body of data Sin Riesgos, a credit bureau promoted by the Nicaraguan that can generate further research and policy action in this Association of Microfinance Institutions (ASOMIF). By 2004 area. This report has shown that although much progress the Law on Bank Secrecy allowed commercial banks, which has been made in recent decades in gradually dismantling already shared information through the public credit registry, many of the legal restrictions which have hampered women to access potential clients’ credit histories from private credit from more fully contributing to national prosperity, there is bureaus. Today commercial banks can access Sin Riesgos a large unfinished agenda of reform. In too many economies records of microfinance clients and assess their creditworthi- across all regions the law is still being used to hold women ness and eligibility for conventional loans. back, to silence their voices and limit their actions—imposing Across all income groups, credit bureaus and registries also large tangible costs linked to these constraints on women’s collect information from retailers in 40 economies and from freedom. Gender equality is important not only for fairness utilities in 30. In Rwanda two mobile phone companies and and equity, but also for economic efficiency and is at the an electricity and gas company have shared information center of creating a more prosperous world. with the country’s credit bureau since 2011. On the other hand, the five economies in South Asia covered by Women, Business and the Law have credit reporting institutions, but none collects information from retailers or utilities. Overall, 22 Women, Business and the Law 2014 Endnotes 14 Muller v. Oregon 208 U.S. 412 (1908). 15 World Bank 2011. 1 50 Years of Women’s Legal Rights database. 16 Oglobin 1999. 2 50 Years of Women’s Legal Rights database. 17 The regression analysis shows a positive relationship that is 3 One action was added for Women, Business and the Law 2014: statistically significant at the 5% level even when controlling for Can a woman get a national identity card in the same way as a 2011 income per capita. The analysis includes 114 economies for man? which data are available. These statistical relationships cannot be 4 Women, Business and the Law 2014 covers only mandatory quo- interpreted as causal. tas for a certain number of seats reserved for women and not 18 The results of the regression analysis of this relationship are quotas for women on candidate lists. statistically significant at the 10% level even when controlling 5 The results of the regression analysis of this relationship are for 2010 income per capita. To analyze this relationship, 2010 statistically significant at the 5% level even when controlling for income per capita was used as a control variable, as opposed to Key Findings 2011 income per capita. The analysis includes 103 economies for 2011, due to missing 2011 data on 11 economies that drive the which data are available and shows that legal quotas are posi- results. The analysis includes 103 economies for which data are tively correlated with the proportion of seats held by women in available. The variable “paid maternity leave and parental leave parliaments. These statistical relationships cannot be interpreted available for the mother” includes the number of days of leave as causal. paid at various rates, as opposed to the number of days of leave 6 Chattopadhyay and Duflo 2004. paid at 100% of wages used in the previous relationship. These statistical relationships cannot be interpreted as causal. 7 Chen 2010. 19 Thévenon and Solaz 2013. 8 The relationship is statistically significant at the 10% level even when controlling for 2011 income per capita. The regression 20 UN Women 2011. analysis includes 103 economies for which data are available. 21 Peresie 2005. 9 Beaman and others 2012. 22 South Africa Constitutional Court 2004. 10 Deere and León 2003a; Quisumbing and Hallman 2005; Deere 23 Miller 2003. and Doss 2006. 24 Hallward-Driemeier and Gajigo 2010. 11 Demirgüç-Kunt, Klapper and Singer 2013. 25 Deininger, Goyal and Nagarajan 2010. 12 Deere and others 2012. 26 Geddes, Lueck and Tennyson 2012. 13 The Global Financial Inclusion (Global Findex) database’s variable “Account at a formal financial institution, female (% age 15+)” is not disaggregated by marital status. In the analysis of the relationship between marital property regimes and accounts at a formal financial institution it is assumed that all women are married. Women, Business and the Law 2014 23 Spotlight on Violence against Women In 1983 Maria da Penha Fernandes was shot by her husband. Two weeks after she returned from the hospital, he tried to electrocute her. She survived but was left paralyzed. Criminal charges were filed and the case took almost 20 years to wind through the Brazilian courts. When her husband was finally sentenced in 2002, he served only two years. The Inter-American Commission of Human Rights held the Effects and economic repercussions of Brazilian government responsible for failing to take action against perpetrators of domestic violence. In response, in violence against women 2006 the Brazilian government enacted the Maria da Penha Aside from its obvious negative psychological and social ef- Law—the first Brazilian law providing comprehensive mea- fects, violence against women undermines their autonomy sures addressing domestic violence. This was a milestone in and enjoyment of fundamental rights and freedoms. It the country’s fight against gender-based violence.1 coerces preferences, behaviors and actions and poses ob- stacles to women’s economic empowerment by restricting Laws protecting women from domestic violence have evolved their capacity to make choices. Accepting job offers, pursu- in the wake of cases such as that of Maria da Penha. But ing university degrees or investing in new business ventures violence against women is still widespread around the world. all become out of reach to a woman facing violence in her Globally, the World Health Organization estimates that 35% home or workplace. of women have experienced physical or sexual violence.2 Beyond the costs to individual women, violence also has macroeconomic repercussions. These include higher costs BOX 3.1 Defining domestic violence and sexual harassment Domestic violence is gender-specific violence commonly directed against women, occurring in the family and interpersonal relationships. Interpersonal relationships can include partners who do not live together or are not married. The violence can be in the form of physical, emotional or psychological, sexual, or financial or economic abuse. •• Physical violence is any behavior that offends a woman’s bodily integrity or health. •• Emotional or psychological violence is any behavior that causes emotional damage and reduces self-worth or self-esteem (or both) or that aims at degrading or controlling a woman’s actions, behaviors, beliefs and decisions by means of threat, embarrassment, humiliation, manipulation, isolation, constant surveillance or pursuit, insult, intimidation, blackmail, ridicule, exploitation or any other behavior that damages a woman’s psychological health. •• Sexual violence is any behavior that forces a woman to witness, maintain or participate in unwanted sexual contact or behavior by means of intimidation, threat, coercion or use of force, including sexual assault, marital rape or forcing any type of sexual activity without consent. •• Financial or economic violence is any behavior involving deprivation of financial or economic resources, including disposition, retention or subtraction of money or property or other means making or attempting to make a woman financially dependent by maintaining control over financial resources. Sexual harassment is any unwelcome sexual advance, request for sexual favor, verbal or physical conduct or gesture of a sexual nature or any other behavior of a sexual nature that might reasonably be expected or be perceived to cause offense or humiliation to another. Such harassment may be but is not necessarily of a form that interferes with work, is a condition of employment or creates an intimidating, hostile or offensive work environment. Source: United Nations General Assembly 1993; United Nations Economic and Social Council 1996; UNHCR 2005; United Nations 2008 ; U.S. Department of Justice 2013 ; John Hopkins University School of Advanced International Studies Protection Project and Suzanne Mubarak Regional Centre for Women’s Health and Development 2010. 24 Women, Business and the Law 2014 for healthcare and justice systems and lost productivity in of domestic violence, as well as on sexual harassment in em- local businesses. Though estimates vary across economies ployment, public places and educational facilities (box 3.1). and there are legitimate debates about the methodologies used, the annual costs of domestic violence run as high as $19.8 billion in Sweden3 and $2.9 billion in Spain.4 In Fiji do- Domestic violence mestic violence cost an estimated 7% of GDP in 2002,5 while Women, Business and the Law data show that 76 of the a 2009 study in Canada found that violence against women 100 economies covered have laws on domestic violence. cost criminal and civil justice systems $379 million a year.6 This is the case in all 9 economies covered in East Asia and the Pacific and in 17 of the 18 economies covered in Latin Other studies covering losses from premature death and America and the Caribbean, with Haiti being the exception. lower productivity related to domestic violence show simi- lar effects. A U.S. study estimated costs from injuries and Four of the five economies covered in South Asia have laws deaths at $5.8 billion in 1995, while in Canada the loss of on domestic violence, with Pakistan being the exception. tax revenues due to death, lost time at work and incarcera- Laws on domestic violence also protect women in 11 of the tion exceeded $77 million a year.7 Moreover, the impact of 15 economies covered in Eastern Europe and Central Asia, violence against women can extend into future generations. 17 of the 26 in Sub-Saharan Africa and 16 of the 17 OECD In Nicaragua 63% of children of abused women had to repeat high-income economies, with Canada being the exception. a school year and left school an average of four years earlier Though most Canadian provinces have passed legislation on than other children.8 the matter, Ontario—home to the country’s main business city, Toronto—has yet to do so. Intrafamily violence can be prosecuted under general criminal law in Ontario, but no spe- Laws protecting women from violence cific provisions on domestic violence exist.10 Women can function more freely in society and the business Spotlight on VAW world when not faced with the threat of violence. Women, Laws on domestic violence are less prevalent in the Middle Business and the Law 2014 includes pilot data for a new in- East and North Africa. Out of 100 economies covered, dicator on Protecting women against violence. Though there 24 economies have no laws on domestic violence are many forms of violence against women, this indicator (figure 3.1). covers the existence and scope of national laws on domestic violence and sexual harassment in 100 economies.9 Of the 100 economies measured, 76 include specific provi- sions on physical violence, 69 include provisions on emotion- The data examine laws on physical, emotional or psychologi- al or psychological violence, 57 cover sexual violence, and 47 cal, sexual, and financial or economic abuse in the context address financial or economic violence.11 Only 44 economies have provisions covering all four types of violence. FIGURE 3.1 Roughly 25% of the economies measured have no laws on domestic violence South Asia (1 of 5) Middle East & Sub-Saharan North Africa Africa Economies with no (8 of 10) (9 of 26) laws on domestic violence (24) Eastern Europe & Central Asia Economies with laws Latin America (4 of 15) OECD on domestic violence (76) & Caribbean high income (1 of 18) East Asia (1 of 17) & Pacific (0 of 9) Source: : Women, Business and the Law database. Women, Business and the Law 2014 25 For example, Chile’s Intrafamily Violence Act and Italy’s Law 17 OECD high-income economies covered, 15 protect women on Measures against Violence in Family Relations do not in nonmarital relationships. That is also the case in 4 of the 5 address sexual and financial abuse. Other economies have economies covered in South Asia and 10 of the 15 economies drafted but not enacted such legislation. Haiti is working covered in Eastern Europe and Central Asia. But only 13 of on a draft comprehensive law on the Prevention, Sanction the 26 economies covered in Sub-Saharan Africa and none in and Elimination of Violence against Women, and Lebanon’s the Middle East and North Africa include provisions protect- Parliament is considering a draft bill on domestic violence ing women in intimate partner relationships. that was introduced in 2010.12 A number of the economies measured by Women, Business Sexual harassment and the Law have no laws on domestic violence despite well- Between 40% and 50% of women in the European Union documented problems. In the Russian Federation 600,000 have reported sexual harassment in the workplace.17 In Japan, women a year suffer from domestic violence according to the Republic of Korea, Malaysia and the Philippines 30% to official estimates. Yet after many years of discussion, no leg- 40% of women suffer sexual harassment in the workplace.18 islation exists to address it.13 And an Australian survey found that two-thirds of the sexual Mechanisms that support victims and denounce aggressors harassment reported by women occurred in the workplace.19 can make laws more effective. Colombia’s law on gender In addition to endangering the well-being of workers, sexual violence stipulates that victims of domestic violence cannot harassment undermines careers, the ability to work, work cli- withdraw their complaints and that people other than victims mate and motivation.20 Its effects also extend to employers. can report incidents.14 Similarly relevant is the role of institu- Staff taking sick leave or resigning to escape harassment has tions in preventing and punishing crimes. Mexico’s General a direct impact on firms’ profitability.21 Law on Women’s Access to a Life Free of Violence lays out specific responsibilities for federal, state and municipal gov- Women, Business and the Law examines whether economies ernments to address matters such as victim assistance.15 formally protect women from sexual harassment in employ- ment. The data show that 78 of the 100 economies covered Abuse also affects unmarried women.16 According to have laws addressing sexual harassment in employment Women, Business and the Law data, 68 economies protect (table 3.1). But another 8 economies (Argentina, Jordan, women in intimate partner relationships. All the economies Nepal, Singapore, Sierra Leone, Syrian Arab Republic, Tunisia, covered in East Asia and the Pacific and all but one in Latin Yemen, Rep.) have laws on sexual harassment, but fail to America and the Caribbean include such provisions. Of the specifically address sexual harassment within employment. TABLE 3.1  aws on sexual harassment in employment vary by region L Region Economies with laws on sexual harassment in employment East Asia & Pacific Cambodia; China; Fiji; Malaysia; Mongolia; Philippines; Thailand Eastern Europe & Albania; Armenia; Azerbaijan; Bosnia and Herzegovina; Croatia; Latvia; Lithuania; Macedonia, FYR; Romania; Russian Federation; Central Asia Serbia; Turkey; Ukraine; Uzbekistan Latin America & Bolivia; Brazil; Colombia; Costa Rica; Ecuador; El Salvador; Honduras; Mexico; Nicaragua; Panama; Paraguay; Peru; Uruguay; Caribbean Venezuela, RB Middle East & North Algeria; Morocco Africa OECD high income Australia; Canada; Chile; Denmark; Finland; France; Germany; Italy; Korea, Rep.; Poland; Portugal; Spain; Sweden; Switzerland; United Kingdom; United States South Asia Bangladesh; India; Pakistan; Sri Lanka Sub-Saharan Africa Angola; Benin; Burkina Faso; Congo, Dem. Rep.; Côte d’Ivoire; Ethiopia; Kenya; Lesotho; Madagascar; Malawi; Mauritius; Mozambique; Namibia; Niger; Rwanda; Senegal; South Africa; Tanzania; Uganda; Zambia; Zimbabwe Source: Women, Business and the Law database. 26 Women, Business and the Law 2014 The data also cover whether sexual harassment is subject to Laws including criminal FIGURE 3.2 criminal sanctions. In 2004 Turkey reformed its Penal Code sanctions for sexual to criminalize sexual harassment, with increased penalties if harassment in employment, the offense is driven by undue influence based on employ- by region ment hierarchy or by taking advantage of working in the 80 same location as the victim.22 Labor-related sexual harass- ment is criminalized in 52 of the 100 economies examined by 70 Women, Business and the Law (figure 3.2). Middle East & North Africa 60 52% South Asia Sexual harassment in education can also affect women. In 50 East Asia & Pacific Malawi, for example, half of schoolgirls surveyed reported 40 Eastern Europe & Central Asia sexual harassment at school.23 Specific laws may help lower Latin America & Caribbean such figures by requiring educational facilities to prevent and 30 OECD high income address sexual harassment. However, laws on sexual harass- 20 Sub-Saharan Africa ment in educational facilities are less prevalent than those covering employment. Of the 100 economies covered, 32 10 offer specific protection against sexual harassment in educa- 0 tion—none of which are in the Middle East and North Africa Economies with Economies with laws on sexual criminal sanctions (table 3.2). harassment for sexual harassment in employment in employment Sexual harassment in public places, including on the street and public transportation, can lead women to change their Source: Women, Business and the Law database. habits, avoid certain places or restrict their movement.24 A Spotlight on VAW 2011 survey in London found that 43% of women between Latin America and the Caribbean and Canada among OECD 18 and 34 had experienced sexual harassment in public high-income economies. spaces.25 Laws may increase awareness of this issue and promote safety for women in public spaces.26 Only 8 of the economies measured by Women, Business and the Law have Absence of legislation laws on sexual harassment in public spaces: Benin, Ethiopia and Zambia in Sub-Saharan Africa, Bangladesh and Pakistan Economies with laws on domestic violence are also likely to in South Asia, Fiji in East Asia and the Pacific, Ecuador in have provisions on sexual harassment, and vice versa, as in 69 of the economies covered (figure 3.3). But 7 economies TABLE 3.2 Few  economies have specific provisions on sexual harassment in educational institutions and public places Economies with laws on sexual harassment in educational Economies with laws on sexual harassment in public Region facilities places East Asia & Pacific Fiji; Philippines Fiji Eastern Europe & Albania; Bosnia and Herzegovina; Croatia; Macedonia, FYR None Central Asia OECD high income Australia; Finland; Korea, Rep.; Poland; Spain; Sweden; Canada United Kingdom; United States Latin America & Argentina; Bolivia; Costa Rica; Ecuador; El Salvador; Honduras; Ecuador Caribbean Mexico; Nicaragua; Peru; Uruguay; Venezuela, RB Middle East & North None None Africa South Asia Bangladesh; Sri Lanka Bangladesh; Pakistan Sub-Saharan Africa Benin; Ethiopia; Kenya; Mauritius; Zambia Benin; Ethiopia; Zambia Source: Women, Business and the Law database. Women, Business and the Law 2014 27 Most economies have laws 5 UN Women 2013. FIGURE 3.3 on domestic violence, sexual 6 Zhang and others 2009. harassment or both—but 7 Day, McKenna and Bowlus 2005. some have neither 8 UN Women Virtual Knowledge Centre to End Violence Against Women and Girls: Costs and Consequences, http://www.end- vawnow.org/en/articles/301-consequences-and-costs-.html Economies Economies Economies with no 9 The full list of economies covered can be found in the data notes. with laws on with laws on laws on domestic 10 Ontario passed the Domestic Violence Protection Act in 2000, domestic violence sexual harassment violence or sexual harassment but it was never proclaimed in force and was repealed in 2009. Cameroon Women, Business and the Law’s methodology examines appli- Egypt, Arab Rep. cable laws in the main business city of the economy in ques- Haiti tion. In federal economies both federal legislation and state or Iran, Islamic Rep. provincial level laws may be applicable. Though no law specifically Lebanon addresses domestic violence in Ontario, most forms of domestic Mali 7 69 17 violence—such as intrahousehold assault—are prohibited under the Criminal Code of Canada, which applies in all Canadian prov- inces and territories. More information on these laws is available at http://www.justice.gc.ca/eng/pi/fv-vf/laws-lois.html/ 11 Tunisia has aggravated penalties for physical abuse between spouses, but no laws or provisions covering domestic violence generally. 12 Human Rights Watch 2013. Source: Women, Business and the Law database. 13 BBC News 2013 http://www.bbc.co.uk/news/world-europe-21474931 14 Law 1257 to guarantee women the right to live free from have no legislation in either area.27 Where no specific laws violence. exist, crimes such as assault or battery are still prosecuted 15 Immigration and Refugee Board of Canada 2013. under general criminal law. But specific laws on violence 16 UN Women 2010. against women provide a clear framework addressing its 17 http://www.un.org/womenwatch/osagi/pdf/shworkpl.pdf elements and include mechanisms to protect and support 18 UN Women Fast Facts: Statistics on Violence against Women and women seeking assistance. Girls, http://www.endvawnow.org/en/articles/299-fast-facts-statis- tics-on-violence-against-women-and-girls-.html/ 19 Australian Human Rights and Equal Opportunity Commission sur- The way forward vey cited in Advocates for Human Rights, Stop Violence Against Women, Prevalence of Sexual Harassment, http://www.stopvaw The dataset for the pilot Protecting women from violence in- .org/prevalence_of_sexual_harassment/ dicator takes a first step toward answering questions on the 20 EU 1998. scope and coverage of laws on domestic violence and sexual 21 European Union Commission Recommendation of 27 November 1991 in Advocates for Human Rights, Stop Violence Against harassment. It covers one piece of the picture but does not Women, Effects of Sexual Harassment, http://www.stopvaw.org/ include the full range of issues involved in preventing and effects_of_sexual_harassment/ protecting women from violence. 22 Criminal Code of Turkey, http://legislationline.org/documents/ action/popup/id/6872/preview/ Other critical areas that are not covered include provisions 23 http://www.un.org/womenwatch/daw/vaw/launch/english/v.a.w- preventing forced or early marriage and sanctions on marital consequenceE-use.pdf rape.28 Budgetary commitments to ensure implementation of 24 Institute for Women’s Policy Research, http://www.iwpr.org/ laws, orders of protection, legal aid and specialized services blog/2011/04/08/more-research-needed-to-help-prevent- street-harassment/ for victims of violence are equally important areas that are not yet sufficiently measured or understood. 25 YouGov survey of 1,047 Londoners commissioned by  End Violence Against Women Coalition cited in http://www.rawstory. com/rs/2012/05/25/study-43-percent-of-women-experienced- street-harassment-in-britain/ Endnotes 26 Bowman 1993. 1 Rodriguez de Assis Machado and others 2012. 27 Saudi Arabia passed a law on domestic violence in August, 2013, outside the period of coverage of this report. 2 WHO: Global and Regional Estimates of Violence against Women: Prevalence and Health Effects of Intimate Partner Violence and 28 The pilot dataset does not include a specific question on leg- Nonpartner Sexual Violence, http://apps.who.int/iris/bitstre islation criminalizing marital rape, though most laws on sexual am/10665/85239/1/9789241564625_eng.pdf violence include marital rape. 3 Enval and Erikssen 2004; UN Women 2013. 4 Day, McKenna and Bowlus 2005. 28 Women, Business and the Law 2014 The Default Marital Property Regime and Women’s Entrepreneurship: The Case of Chile Like many Chilean couples, when Sonia Arce and Patricio Salinas were married in 1976, they did not opt out of the default marital property regime of sociedad conyugal (marital society). Established in the mid-1800s, this system grants the husband full administrative rights over all joint property as well as both his and his wife’s personal property.1 Marital regimes define how each spouse can use personal the husband alone administers marital property under the or joint property during marriage. They also determine how default regime. In Latin America and the Caribbean, Chile is assets will be divided upon divorce or death. Couples who the only economy that grants husbands this right. The other want to choose an alternative arrangement must first be four economies are in Sub-Saharan Africa: Cameroon, the aware of the default regime and then go through the process Democratic Republic of Congo, the Republic of Congo and of opting out. Côte d’Ivoire. In 1983 Sonia Arce and her husband separated. Because These restrictions in Chile are at odds with the progress made Chile did not recognize divorce at the time, separation was over the past two decades in creating a stable macroeconomic her only option.2 In 1993 and 1994 Arce and her siblings environment supportive of private sector activity. Not only has inherited property upon the death of their parents. They Chile reduced the incidence of extreme poverty to the lowest decided to sell the property. But because of the marital levels in the region, but it has managed to do so in a context property regime in Chile that applied to her assets, Arce was of sound fiscal management, while maintaining very low levels legally required to obtain her estranged husband’s permission of public indebtedness. Moreover, Chile has also progressed for any transaction regarding her personal property.3 significantly in promoting women’s political participation. In 1949 Chilean women were granted the right to vote and acquired eligibility for public office. That paved the way for a Property rights within marriage and rate of more than 50 percent of women voting by 1989 and women’s participation in the economy for Chile to elect its first female president in 2005. The structure of marital property regimes can help explain gender gaps in access to capital for women. For instance, Property rights of married women in analysis using data from Women, Business and the Law Latin America and the Caribbean and the Global Financial Inclusion Database (Global Findex) shows that in economies where women marry under full In many cases unequal provisions on control of marital community of property—a regime in which all property, property are the legacy of former colonizers. In Latin America including that acquired by each spouse before and during most economies trace their legislation to the Spanish Civil marriage, becomes joint property—a higher percentage have Code, which itself was strongly influenced by the French bank accounts in formal financial institutions. Analysis also Code Napoléon. reveals that women borrow less from financial institutions in economies where women have fewer formal property rights. A common feature of civil codes in Latin America during On average, there are 9 percentage points fewer women the 19th century was the limited legal capacity of married with loans in economies where women do not have the same women, who were subject to marital power. Andrés Bello, property rights as men.4 author of the 1855 Chilean Civil Code, defined marital power as “the sum of rights that the law gives to the husband over Administrative rights over personal and joint property within the person and property of his wife.” marriage are especially important. Most legal systems have adopted default marital property regimes that grant This language was reproduced in civil codes across the region.5 both spouses the same ability to administer and control The concept of marital power limited married women’s their property without any restrictions. However, in five capacity to administer property and rendered husbands as economies measured by Women, Business and the Law, decision makers over all property within marriage. Women, Business and the Law 2014 29 During the late 19th and early 20th centuries, some In 1994, participation in the accrued value of assets was Central American economies—where family and property adopted as a third marital property regime allowing married law derived from Spanish law but were also influenced women greater options.12 This regime assumes that during by German legislation—reformed their laws and adopted the marriage the husband and wife have separate assets deferred community of property regimes as the default. In but, as those assets appreciate, both spouses benefit from this arrangement, married women administer their separate the increased value of each other’s property. Under this property but are protected at a marriage’s dissolution by a arrangement, each spouse retains administrative rights over presumption of community, allowing for equal division of his or her own assets. joint property between spouses. Many of the economies that recognized marital power also Removal of restrictions on Figure 4.1 reformed their laws. In Latin America, reforms eliminating married women’s property marital power were enacted by Mexico in 1917 and by rights in spain and 19 Colombia in 1932 (figure 4.1).6 In Argentina initial steps toward economies in latin america and the carribean granting married women greater rights occurred in 1926, but it was not until 1968 that marital power was repealed. More recently, Spain removed marital power in 1975,7 Peru in 1984, 2000 2001 Dominican Republic Paraguay in 1992, and Panama in 1994.8 1998 Guatemala 1994 Panama Most economies in Latin America have repealed marital 1992 Paraguay 1990 power. However, some still retain provisions favoring the 1988 Bolivia husband’s property rights over the wife’s. For example, 1984 Peru Ecuador allows the husband’s decision to prevail when 1980 spouses disagree over the disposition of property. 1976 Puerto Rico 1975 Spain Chile’s legislative framework 1970 1970 Ecuador Marital property regimes have evolved significantly in Chile over time, granting women greater protections and 1962 Brazil 1960 options for administering property within marriage. With the enactment of the Chilean Civil Code in 1855, husbands retained administrative power over all property within 1950 marriage, however a partial protection was granted to a 1946 Uruguay married woman’s personal property, whereby it could not be sold without her consent. But this protection did not extend 1942 Venezuela 1940 to initiating transactions such as leveraging the property for loans, which were still under the husband’s control. 1932 Colombia 1930 In 1925, new legislation introduced separation of property as an optional marital property regime, allowing each 1926 Argentina spouse administrative control over their own property. With the introduction of the new regime, sociedad conyugal 1920 became the default.9 In 1943, married women were granted 1917 Mexico greater protections under sociedad conyugal, acquiring administrative control over assets they acquired through 1910 work independently from their husbands.10 1906 Honduras 1904 Nicaragua 1900 1902 El Salvador Chile ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in 1989 and repealed marital power at that time, recognizing the full capacity of married women.11 However, provisions in 1890 the Civil Code regulating the default marital property regime 1887 Costa Rica, Jamaica 1885 and granting husbands administrative rights over their wives’ personal property remained in effect. Source: 50 Years of Women’s Rights database. 30 Women, Business and the Law 2014 Couples in Chile can choose from any of the three marital Use of immovable assets as Figure 4.2 property regimes. But sociedad conyugal remains the default collateral by Chilean Firms if another selection is not made. According to statistics for 2012 from the Chilean Civil Registry, 55% of Chilean women married under sociedad conyugal. Another 43% 70 62% chose the separation regime and less than 3% opted for the 60 participation in the accrued value of assets regime. 50 46% 40 Of the three regimes, only sociedad conyugal designates 30 the husband as the administrator of joint assets and his wife’s assets—except what she earns through separate 20 employment. The law limits a husband’s capacity to manage 10 his wife’s property by requiring that he get her consent for 0 major transactions such as alienating or encumbering real Female top manager Male top manager property that belongs to the sociedad conyugal. The Civil Source: World Bank Enterprise Surveys (www.enterprisesurveys.org) Code also establishes that the wife does not have any rights to the joint assets.13 Therefore her husband can originate any transaction involving those joint assets. Article 1750 of startup is personal savings, suggesting little access to the Civil Code specifies that “the husband is, with regards to finance.15 More male managed firms use immovable assets third parties, the owner of all joint assets as if those and his such as land and buildings as collateral when applying for own personal assets conform one patrimony.” Consequently, loans than do female managed firms (figure 4.2). a husband’s creditors can take action to recover debts not only against his assets but also the joint marital assets and Only 4.5% of small, medium-size and large firms in Chile have the personal assets of his wife administered by him.14 female top managers, making Chile the economy with the lowest percentage of female top managers in Latin America and the Caribbean (figure 4.3). What does women’s entrepreneurship look like in Chile? Arce v. Chile Data from Chile’s Ministry of Economy reflects that one Over the last three decades, there has been an ongoing of every three entrepreneurs is a woman, 42% of whom debate on married women’s inability to administer property are married or cohabiting. The average income of women under the default marital property regime. During the early entrepreneurs is one fourth that of male entrepreneurs. 1990s Parliament drafted legislation to change this policy, but Nearly 60% of women who decided to become entrepreneurs there was no concrete outcome. In the meantime, women said they did so out of necessity, compared with 33% of men. like Sonia Arce have continued to get married under the Six out of ten women’s enterprises are informal and 76% of default marital regime, often without realizing the economic women entrepreneurs’ main source of funding for business implications of doing so. Chile Case Study What share of Chilean firms have female top managers relative to other Figure 4.3 Latin American and Caribbean economies? 35 30 25 20 15 10 5 0 Chile Argentina Domincan Republic Colombia Peru Mexico Costa Rica Guatemala Ecuador Brazil El Salvador Bolivia Paraguay Panama Jamaica Venezuala, Honduras Nicaragua Uruguay RB Source: World Bank Enterprise Surveys (www.enterprisesurveys.org) Women, Business and the Law 2014 31 In Arce’s case, not only was she unable to control her own Endnotes property, but due to her legal situation, her siblings were also 1 Civil Code of Chile, art.135. prevented from selling their joint inheritance. Arce could have 2 Law 10.947, known as Nueva Ley de Matrimonio 2004. applied to the courts to obtain permission to sell, but she 3 Civil Code of Chile, art.1749. decided to take another course of action.16 In 2001 she filed a complaint against the Chilean state at the Inter-American 4 Almodóvar-Reteguis, Kushnir and Meilland 2012. Commission on Human Rights.17 5 Deere and León 2005. 6 Deere and León 2001; Corte Constitucional de Colombia, In 2007 the parties reached an agreement that has yet to be Sentencia C-068/99. implemented.18 As part of the settlement, the government 7 Gobierno de España 1975. of Chile agreed to take all necessary measures to end the 8 Deere and León 2001. legal discrimination against women resulting from the default 9 Decreto de Ley 328 (1925), art. 8. marital property regime. 10 Civil Code of Chile, arts. 1749 and 1752. 11 Decreto de Ley 18.802 (1989). In 2011 a proposal was submitted to Parliament repealing 12 Decreto de Ley 19.335 (1994). husbands’ full administrative rights over property under the 13 Civil Code of Chile, art. 1752. sociedad conyugal regime. The proposal would eliminate the 14 CivIl Code of Chile, art. 1750. concept of the husband as head of the sociedad conyugal, providing that spouses shall decide who will administer joint 15 Ministry of Economy of Chile 2013. property and, in the absence of agreement, shall be co- 16 Civil Code of Chile, art. 138. administrators. The proposal also requires that each spouse 17 Sonia Arce Esparza v. Chile, Caso 071/01, Informe No. 59/03, Inter- retain administrative power over their personal property, Am. C.H.R., OEA/Ser./L/V/II.118 Doc. 70 rev. 2 en 213, 2003. eliminating a husband’s power over his wife’s personal 18 Acuerdo de Solución Amistoase, Caso 12.433 Sonia Arce Esparza v. Chile 2007, http://www.humanas.cl/wp-content/ property under the default regime. In addition, in cases uploads/2003/10/Acuerdo_de_Solucion_Amistosa.spdf / where spouses decide that the husband will administer joint property, the wife will continue to administer assets acquired through her separate work. Approval of the proposed amendments are still pending before Parliament’s House of Representatives and Senate. 32 Women, Business and the Law 2014 Constitutional Reform and Women’s Rights: The Case of Kenya Constitutional reform is an effective way to adopt sweeping changes to women’s legal position in society. Kenya’s 2010 Constitution provides an example of an effective, and comprehensive, legislative reform benefitting women. Women’s groups played a key role in raising women’s issues their constitutions (figure 5.1). Constitutional provisions on with the Committee of Experts drafting the Constitution. gender-based nondiscrimination are less common. They also lobbied members of Parliament, carried out civic education campaigns and hosted National Women’s Strategy Meetings. Their tactics were largely successful and the Constitutional provisions on Kenyan Constitution includes several broad changes equal- customary law izing women’s position in society.1 Until 2010 Kenya’s Constitution allowed customary law to One of the most significant reforms for women was including prevail in matters of marriage, property and inheritance customary law—the traditional rules governing personal sta- and exempted it from enshrined principles of nondiscrimi- tus and communal resources—in constitutional protections nation and equality. This allowed customary practices such for equality and nondiscrimination. Since independence in as patrilineal inheritance to continue without constitutional 1963, the Kenyan Constitution has prohibited discriminatory recourse.4 laws. In 1997 Parliament included gender as a constitution- ally protected category. But customary law was not subject Kenya is among the 25 economies in Sub-Saharan Africa to this protection, so women still faced discrimination on covered by Women, Business and the Law which recognize matters of family status and property rights.2 For example, customary law in their constitutions. Of these 18 require “wife-inheritance” continued, requiring a widow to marry that customary law conform to constitutional principles of an in-law in order to retain access to her dead husband’s equality and nondiscrimination. However, in Botswana, Chad, land and ensuring that the land remained within the family’s Ghana, Lesotho, Mauritius, Sierra Leone and Zambia, cus- male lineage—a practice known as patrilineal inheritance.3 tomary law need not conform to constitutional provisions on Another significant reform in the new Constitution set quotas nondiscrimination or equality. for women’s parliamentary representation. Constitutions that explicitly prohibit discrimination on the basis of gender would be expected to be sensitive to dis- Customary law and nondiscrimination criminatory customary practices; however 27% of such in Sub-Saharan Africa While nondiscrimination and equality are guaranteed under Constitutional equality and Figure 5.1 many national constitutions, some contain a clawback pro- nondiscrimination in Sub- vision, which establishes that nondiscrimination or equality Saharan Africa need not apply where customary law is involved. Where claw- 100% back provisions exist, as in Zambia, Lesotho and Botswana, the state will abide by and enforce customary law, even if it 80% is in violation of other constitutional provisions. 60% In order to capture a variety of constitutional approaches, 40% Women, Business and the Law examines three areas of constitutional protection: equality, nondiscrimination and 20% nondiscrimination on the basis of gender. 0% Constitution Constitution Constitution has a All Sub-Saharan economies covered by Women, Business has an has a nondiscrimination and the Law have either constitutional provisions providing equality clause nondiscrimination clause that clause includes gender for equality before the law or a nondiscrimination provision in Source: Women Business and the Law. Women, Business and the Law 2014 33 economies still exempt customary law from the constitu- In the Rwandan Parliament, which has the highest propor- tion’s nondiscrimination provisions (figure 5.2). tion of women in the world, women parliamentarians have been active in initiating gender-sensitive laws, improving gender-based government oversight, and forming a caucus Constitutional protections for women to ensure continued women’s representation.7 A study in and implementing legislation Rajasthan showed that, once a policy of reserving a third of all council seats and council presidencies for women was After the passage of the Constitution, Kenyan women’s rights implemented, the types of public goods provided in reserved advocates focused their efforts on enacting implementing and unreserved village councils differed markedly, with lead- legislation to ensure that momentum did not dissipate. ers investing more in infrastructure directly relevant to the needs of their gender.8 Quotas One key innovation of the Kenyan Constitution is political To the consternation of many women’s rights activists, quotas for women. Article 27 provides that not more than Kenya’s highest court ruled against implementing a gender two-thirds of the members of elective or appointive bodies quota in parliament ahead of the 2013 elections. Instead, the shall be of the same gender. This affects the judiciary, the quota is to be implemented progressively by 2015.9 Currently legislature, and local governments. There are a variety of there are 65 women in the 350-seat National Assembly, and arguments in favor of political quotas for women. The justice 18 in the 68-seat Senate. Once the quota is implemented, argument—women represent half the population and have at least 116 women will have seats in the National Assembly the right to half the seats. The experience argument—wom- and at least 22 women will be members of the Senate.10 en have different experiences that ought to be represented. Legislation to implement quotas in the judicial system has The interest group argument—women and men have partly already been put in place to increase the number of women conflicting interests and women should therefore represent judges (table 5.1). women’s interests. The role model argument—women in par- liament are role models, paving the way for other women.5 Land Bodies such as the UN Entity for Gender Equality and the Kenya’s Constitution is already translating into realities on Empowerment of Women advocate the use of quotas to ex- the ground through reforms in land legislation. Under the pand women’s participation in parliament.6 Land Registration Act 2012, a wife has an overriding inter- est in her husband’s land, even if she is not noted in the register (table 5.2). The law also gives interest in land to a spouse who has contributed to its productivity, upkeep and Sub-Saharan economies improvement. Figure 5.2 that prohibit gender- based discrimination treat In the tribal community of Ol Pusimoru, for example, Sara customary law differently Otione has positively benefited from these reforms. When she separated from her husband, he initially refused to give her a share of their land. Then civil society organizations conducted trainings in rural communities including Otione’s, 23% 50% to educate tribal elders on women’s newly acquired rights. Subsequently, Otione’s husband agreed to share a portion of the family land with her and she is now able to grow food to feed her children and pay for their school fees.11 The chal- 27% lenge going forward is to ensure that communities are aware of the reforms and are motivated to act on them. The potential to be a model for reform Customary law is not recognized in the Constitution Customary law is valid even if it violates constitutional Kenya’s constitutional reforms have major potential for provisions on gender-based discrimination increasing women’s economic empowerment. Customary Customary law is invalid if it violates constitutional practices which treated women differently from men are al- provisions on gender-based discrimination ready being set aside, as the newly instituted procedures for land registration demonstrate. It is likely that such changes Source: Women Business and the Law. 34 Women, Business and the Law 2014 TABLE 5.1  Progress of women’s rights in the judiciary in Kenya 2010 Constitution Article 171 ensures women’s representation on the Judicial Service Commission. Article 27 (6) provides for affirmative action measures and ensures that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. Implementing law Judicial Service Act No. 1 of 2011 provides that the Commission and the Judiciary shall be guided by consider- ations of social and gender equity and the need to remove any historical factors of discrimination; it establishes a National Council on the Administration of Justice no more than two-thirds of whose members shall be of the same gender. TABLE 5.2  Progress of women’s land rights in Kenya 2010 Constitution Article 60 ensures the elimination of gender discrimination in law, customs and practices related to land and property in land. Article 68 requires revision of land laws to promote gender equality and protect the interests of wives and widows. Implementing law Land Act 2012 prohibits discrimination in land transactions and protects rights to the matrimonial home. It also recognizes customary land rights and local community initiatives in settlement of land disputes, provided they comply with the Constitution. Land Registration Act 2012 recognizes spousal rights over matrimonial property as an overriding interest in land, requires joint registration, grants an interest in land to a spouse who has worked the land and requires lenders to inquire as to spousal consent. Environmental and Land Court Act No. 19, 2011 obligates courts to consider the elimination of gender discrimination in laws, customs and practices relating to land. would not have been possible without a constitutional man- Endnotes date, ensuring that women of all tribal backgrounds, educa- 1 Maingi 2011. tion levels and civil status have equal opportunities on a par 2 Hallward-Driemeier and Hasan 2012. with men. 3 Harrington and Chopra 2010. In Sub-Saharan Africa, new Constitutions have also been 4 Harrington and Chopra 2010. enacted in Botswana (2012) and Zimbabwe (2013). The 5 Quota Project, “Quotas—A Key to Equality?” http://www Constitution of Botswana added gender as a prohibited .quotaproject.org/about_research.cfm/. ground for discrimination, but continues to exempt cus- 6 UN News Centre, 2012, “Women’s Political Participation Must Be Accelerated through Quotas—UN Official,” http://www.un.org/ tomary law. Zimbabwe, by contrast, has followed course apps/news/story.asp?newsid=41445&cr=un#.Ufpm5qLW6Ck/. with Kenya and no longer exempts customary law from 7 Gurirab, Theo-Ben, and Pia Cayetano, 2010, “Women in Politics—The nondiscrimination. Fight to End Violence against Women,” UN Chronicle, http://www .un.org/wcm/content/site/chronicle/home/archive/issues2010/ It is rare for constitutions to provide the level of depth on empoweringwomen/womeninpoliticsfightviolenceagainstwomen/. women’s rights that is the case in Kenya. However, as legisla- 8 Chattopadhyay and Duflo 2004. tion implementing these mandates is enacted and translates 9 Ngugi 2012. into realities on the ground, the potential for better economic 10 Inter Parliamentary Union 2013. outcomes for women increases. 11 Espinosa 2012. Kenya Case Study Women, Business and the Law 2014 35 Laws on Sexual Harassment and Domestic Violence in South Asia In 1997 the case of Vishaka v. State of Rajasthan marked a turning point in addressing sexual harass- ment in India. It was also a watershed case for South Asia, influencing sexual harassment legislation in Bangladesh and Pakistan. The Vishaka case recognized sexual harassment in the enforceable guidelines on sexual harassment. But legislation workplace after a social worker in a village in Rajasthan was following the guidelines is still pending. gang-raped at work. After this incident India’s Supreme Court established guidelines making it compulsory for employers Pakistan also took into account the Vishaka case when push- to provide grievance mechanisms for sexual harassment.1 ing for the 2010 Protection against Harassment of Women Though the guidelines were considered “binding and enforce- at the Workplace Act.3 Though this act only provides for able,” they did not include strong enforcement mechanisms. administrative penalties ranging from fines to dismissal, in 2009 Pakistan’s Penal Code was amended to include provi- In 2007 the Indian government introduced a bill prohibiting sions and sanctions on sexual harassment in the workplace. sexual harassment in the workplace.2 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and The five South Asian economies examined by Women, Redressal) Act, passed in April 2013, stipulates that women Business and the Law (Bangladesh, India, Nepal, Pakistan should not be subjected to sexual harassment in the work- and Sri Lanka) all have provisions and criminal sanctions place, in transportation to and from work and in dwelling against sexual harassment. But Nepal does not have criminal places. The Criminal Law (Amendment) Act was also pro- sanctions for sexual harassment specific to the workplace mulgated in 2013, introducing a section to the Penal Code and under current laws in Bangladesh there are criminal defining sexual harassment and making it a crime. sanctions for sexual harassment in only some workplaces but not in others. For example, there are no criminal sanctions for sexual harassment in government offices (figure 6.1).4 Sexual harassment In addition, only Bangladesh and Pakistan specifically legis- The Vishaka case has been used as a reference point through- late against sexual harassment in public places. Bangladesh’s out South Asia, including in the 2008 case of Bangladesh Dhaka Metropolitan Police Ordinance establishes a penalty for National Women Lawyers Association v. Government of harassing women “in any street or public place.” An amend- Bangladesh. Like in the Indian case, in the wake of this case ment to section 509 of Pakistan’s Penal Code determines that Bangladesh’s Supreme Court established binding and legally sexual harassment “might occur in public places including, Figure 6.1 LAWS ON SEXUAL HARASSMENT VARY IN FIVE SOUTH ASIAN ECONOMIES NEPAL BANGLADESH INDIA PAKISTAN SRI LANKA  Law on sexual harassment exists  Includes provisions on sexual harassment in the workplace  Includes criminal sanctions  Includes criminal sanctions for sexual harassment in the workplace Source: Women, Business and the Law database. 36 Women, Business and the Law 2014 South Asia Case Study but not limited to, markets, public transport, streets or parks, including protection, shelter and financial relief. It extends to or it might occur in private places including, but not limited other women living in the family household and stipulates to, work places, private gatherings, or homes.” that a woman who is the victim of domestic violence has the right to remain in the household regardless of who owns Another relevant issue addressed by only two of the econo- it. Moreover, the act explicitly and clearly defines domestic mies studied is sexual harassment in educational facilities. Sri violence to include physical, sexual, emotional and economic Lanka’s Prohibition of Ragging and Other Forms of Violence abuse and encompasses threats of such abuse. in Educational Institutions Act of 1998 was enacted follow- ing public outcry over three brutal deaths in 1997 caused Nearly all the laws on domestic violence in the South Asian by ragging—a form of abuse toward new students in edu- economies covered include provisions on physical, sexual, cational institutions.5 Bangladesh’s guidelines against sexual emotional and financial abuse and protect women in non- harassment also include specific provisions to ensure a safe marital relationships. The exception is Sri Lanka’s domestic environment for students. violence law, which does not include protection for women against financial abuse (figure 6.2). Domestic violence The global economic impact of The past 10 years have seen several economies in South Asia enact legislation on domestic violence. Of the five covered violence against women by Women, Business and the Law, Pakistan is the only one In addition to its personal and social ramifications, violence that has yet to enact legislation on domestic violence. The against women imposes economic costs. Though there are Domestic Violence (Prevention and Protection) Bill is pending no comprehensive figures either globally or for South Asia, approval to become law. country studies have shown that violence against women has significant economic impact. India’s Protection of Women from Domestic Violence Act and Sri Lanka’s Prevention of Domestic Violence Act, both Domestic violence costs Australian businesses more than enacted in 2005, were regional frontrunners in domestic vio- $870 million a year due to decreased productivity and re- lence legislation. These were followed by Nepal’s Domestic duced work hours.6 Public and private institutions are also Violence (Offence and Punishment) Act in 2009 and affected because of the costs to hospitals, clinics, courts, Bangladesh’s Domestic Violence Prevention and Protection law enforcement agencies and welfare organizations.7 In the Act in 2010. United Kingdom in 1996, physical, sexual and psychological abuse in one London borough alone resulted in about $7.8 India’s Protection of Women from Domestic Violence Act ad- million in police, civil justice, housing, shelter, social service dresses the immediate needs of victims of domestic violence, and healthcare costs.8 IN THE SOUTH ASIAN ECONOMIES What promotes legislative reform? Figure 6.2 STUDIED, ONLY PAKISTAN HAS NO LAW ON DOMESTIC VIOLENCE Around the world, as in South Asia, laws have been enacted to explicitly recognize violence against women as a form of discrimination and violation of rights. Economies have PAKISTAN included specific provisions in criminal codes, antidiscrimina- SRI LANKA tion and gender equality laws, labor codes and other acts to protect women from various types of violence. BANGLADESH INDIA But protective legislation for women can vary greatly in degree and scope. Though some economies have enacted NEPAL legislation covering violence against women in comprehen- sive and integrated frameworks—such as Ecuador’s Act Against Violence towards Women and Families, the U.S. I Has law on domestic violence I Law includes emotional abuse Violence Against Women Act and Zambia’s Anti-Gender- I Law includes physical abuse I Law includes financial abuse Based Violence Act—others have taken a more piecemeal I Law includes sexual abuse I Law includes women in nonmarital relationships approach, using standalone provisions. Senegal’s Penal Code, for example, was amended in 1999 to include an ar- Source: Women, Business and the Law database. ticle stating that “one who has deliberately injured or struck Women, Business and the Law 2014 37 or committed any violence or assault against his spouse shall Endnotes be punished by imprisonment of one to five years and a fine 1 Vishaka v. State of Rajasthan (Air 1997 Supreme Court 3011). of 50,000 to 500,000 francs if the violence results in illness 2 OneWorld South Asia, 2011, “Groundbreaking Laws Change or incapacity of more than twenty days.” Women’s World,” http://southasia.oneworld.net/archive/global headlines/groundbreaking-laws-change-womens-world#. International commitments have led some economies to UiiJpzasg18 pass comprehensive legislation or reform laws to encompass 3 OneWorld South Asia, 2011, “Groundbreaking Laws Change certain forms of violence. After the 1993 United Nations Women’s World,” http://southasia.oneworld.net/archive/global headlines/groundbreaking-laws-change-womens-world#. Declaration on the Elimination of Violence Against Women UiiJpzasg18 and the 1994 Inter-American Convention on the Prevention, 4 Bangladesh’s Labour Act of 2006 includes provisions and sanc- Punishment and Eradication of Violence Against Women, tions for sexual harassment in employment, but the act does not several countries—including Bolivia, Colombia, Costa Rica, El apply to a variety of workplaces including government offices. Salvador, Honduras, Jamaica, the Republic of Korea, Malaysia 5 Ashokbharan, Nalliah Kumaraguruparan, 2010, “Ragging in and Peru—passed laws on violence against women. Before Universities and the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No.20 of  1998,” 1993 only the United Kingdom and the United States had http://nkashokbharan.wordpress.com/2010/05/05/ragging-in- such legislation, and it focused on family violence. Other universities-and-the-prohibition-of-ragging-and-other-forms-of- economies have enacted strong legislation on violence violence-in-educational-institutions-act-no-20-of-1998/ against women in the wake of high-profile incidents such as 6 Henderson 2000. Vishaka v. State of Rajasthan. 7 Social Policy and Development Centre 2012. 8 Stanko and others 1998. 38 Women, Business and the Law 2014 References Acuerdo de Solución Amistosa. 2007. “Caso N° 12.433 Sonia Chattopadhyay, Raghabendra, and Esther Duflo. 2004. Arce Esparza v. 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New York: Oxford Female Workers.” Journal of Labor Economics 21 (3): University Press. 533–56. Women, Business and the Law 2014 43 Data Notes Women, Business and the Law examines laws and regulations that affect women’s ability to earn an income, either by starting and running their own businesses or by getting jobs. When it comes to women’s rights, different economies reflect different cultural norms and values in their legislation. This report does not judge or rank countries, but provides objective data to inform dialogue and research about women’s economic rights. Covering 143 economies, Women, Business and the Law of this chapter and footnoted throughout the text. The ques- provides easily comparable data covering the following six tions for the seventh topic are wholly new. areas: The report builds on the experience of the Doing Business •• Accessing institutions—explores women’s legal ability project in developing objective indicators of impediments to interact with public authorities and the private sector to entrepreneurship and employment for women. Doing in the same ways as men; Business analyzes regulations in 189 economies that apply to a business throughout its life cycle, including start-up and •• Using property—analyzes women’s ability to access operations, trading across borders, paying taxes and resolv- and use property based on their ability to own, manage, ing insolvency. As in the Doing Business project, Women, control and inherit it; Business and the Law strongly emphasizes written law. •• Getting a job—assesses restrictions on women’s work, such as prohibitions on working at night or in certain The Women, Business and the Law indicators were initially jobs. This indicator also covers laws on work-related created by examining legislation to see what laws most af- maternity, paternity, parental benefits, retirement ages, fected women’s business rights. Legislation across the legal equal remuneration for work of equal value and nondis- spectrum was found to affect women’s economic potential, crimination in hiring; either directly or indirectly. The indicators capture laws that directly differentiate between men and women, as well as •• Providing incentives to work—examines personal in- laws that indirectly have a greater impact on women, given come tax credits and deductions available to women the likelihood that they are small business owners or microfi- relative to men, and the provision of childcare and edu- nance clients. The pilot indicator on Protecting women from cation services; violence examines the existence and scope of legislation •• Building credit—identifies minimum loan thresholds in providing protective measures for women in the areas of private credit bureaus and public credit registries, and domestic violence and sexual harassment. tracks those which collect information from microfi- nance institutions, utilities and retailers; To condense such a large volume of disparate information, •• Going to court—considers the ease and affordability broadly based legal questions were posed to local legal ex- of accessing justice by examining small-claims courts, perts to determine in what areas women and men have the as well as a woman’s ability to testify in court and the same or different rights. In addition to survey data from local incidence of women on constitutional courts. legal experts, the Women, Business and the Law project also consulted constitutions, gender equality laws, marriage and A seventh topic area on legislation covering certain types of family codes, labor and employment laws, passport proce- violence against women is being piloted for 100 economies: dures, citizenship rules, inheritance statutes, tax regulations and social security codes to determine the sources of gender •• Protecting women from violence—examines the ex- differentiation in the law. Responses from Doing Business istence of legislation on domestic violence and sexual 2014 surveys on Getting credit were also used. Criminal harassment. codes, domestic violence laws and legislation on violence against women were consulted for the pilot indicator. The Since the publication of Women, Business and the Law 2012 data from the Women, Business and the Law surveys were there have been methodological changes in the six indica- checked for accuracy by referencing primary legal sources, tors, both in the number of questions covered and in the resulting in revision or expansion of the information collected. way the previously existing questions were analyzed. The principal methodological changes are summarized at the end 44 Women, Business and the Law 2014 The Women, Business and the Law methodology has several •• Where the question assumes the woman (or man) is useful characteristics: unmarried, she (or he) has never been married; •• Where the answer differs according to the legal system •• It is transparent and uses factual information derived applicable to the woman in question (as may be the directly from laws and regulations; case in economies where legal plurality exists), the an- •• Because standard assumptions are used when collect- swer used will be the one applicable to the majority of ing the data, comparisons are valid across economies; the population. •• The data identify both potential obstacles to women in The answers to the questions below are based on codified business and legislative sources that can be changed as law and not the implementation or practice of that law. a result of this new information. Therefore, customary law is not taken into account, unless the customary law has been codified. The only exceptions The report’s focus on written legislation does not disregard to this rule are case-law systems, also known as “common the often large gap between laws on the books and actual law systems.”2 The questions on the status of customary law practices, recognizing that women do not always have access within the legal framework refer to its existence and place to the equality they are entitled to by law, even though data within the hierarchy of legislation, but do not assess its on formal legal differentiation provides a first step to identify- content. Reciprocal restrictions that govern the conduct of ing potential challenges for women in the areas studied. both spouses are not covered; therefore, this indicator only measures restrictions that govern the conduct of the wife, The report team welcomes feedback on the methodology but not the husband. and construction of this set of indicators and looks forward to improving both its coverage and scope. All the data, legal sources and questionnaires used to collect the data are pub- Constitutional rights licly available at: http://wbl.worldbank.org/. This sub-topic focuses on the constitutional treatment of customary law, gender equality and nondiscrimination. It Data Notes The following 103 questions1 were asked about the six main includes seven questions: topics across 143 economies, producing a total of 14,729 data points. An additional 15 questions were asked about 1. Is there a nondiscrimination clause in the Constitution? the pilot topic on Protecting women from violence across 100 economies for an additional 1,500 data points, making a •• For the answer to be “Yes” the Constitution must total of 16,229 data points. Each question is followed by in- utilize either the word discrimination or the word formation on how the answers were standardized and made nondiscrimination; comparable across all economies. Assumptions, where used, •• The answer is also “Yes” even when there is a “clawback” are also listed. provision granting exceptions to the nondiscrimination clause for certain areas of the law such as inheritance, family and customary law; Accessing institutions •• The answer is “No” if there is no nondiscrimination Assumptions provision; It is assumed that the woman: •• The answer is also “No” if the nondiscrimination lan- guage is present in the preamble of the Constitution, •• Resides in the main business city of the economy being but not in an article of the Constitution; or if there is examined; merely a provision stipulating that the sexes are equal, •• Has reached the legal age of majority; if there is no legal or the sexes have equal rights and obligations—consid- age of majority, the woman is assumed to be 30 years ered to be an equality clause; old; •• The answer is also “No” if there is merely a provision •• Is sane, competent, in good health and has no criminal stipulating that people are equal before the law, but no record; provision dedicated to nondiscrimination; •• Is a lawful citizen of the economy being examined; •• The answer is also “No” if there is merely language ne- gating privileges based on categories, such as “There •• Where the question assumes the woman (or man) is shall be no privileges based on birth, sex, class or married, the marriage is monogamous and registered religion;” with the authorities; •• The answer is also “No” if the Constitution makes reference to an international treaty that addresses Women, Business and the Law 2014 45 discrimination but does not have its own nondiscrimina- brought in line with constitutional principles, or by which tion provision; customary law is to be determined, or to requirements that customary chiefs be consulted prior to enactment •• The answer is also “No” if the Constitution does not ban of legislation; discrimination, but includes measures such as empower- ing congress to enact laws fostering nondiscrimination. •• The answer is “Yes” if the Constitution allows laws ap- plicable before the coming into force of the Constitution 2. If there is a nondiscrimination clause in the Constitution, to continue to have the force of law—if the economy does it explicitly mention gender? had a robust system of customary law in place at the time; •• The answer is “Yes” if the Constitution explicitly in- cludes gender or sex as protected categories for •• The answer is “No” in the absence of explicit consti- nondiscrimination; tutional recognition of customary sources or systems of law; •• The answer is also “Yes” even when there is a “clawback” provision granting exceptions to the nondiscrimination •• This question does not include customary contractual clause for certain areas of the law such as inheritance, terms, or other forms of implied usage. family and customary law; 4b. Is personal law recognized as a valid source of law under •• The answer is “No” if there is no nondiscrimination pro- the Constitution? vision, or if there is a nondiscrimination provision that does not include gender or sex as protected categories; •• The answer is “Yes” if the Constitution explicitly recog- nizes personal or religious law; •• The answer is also “No” if the nondiscrimination lan- guage that includes sex is present in the preamble of the •• The answer is also “Yes” if the Constitution makes refer- Constitution, but not in an article of the Constitution; or ence to methods by which personal law will be brought if there is merely a provision stipulating that the sexes in line with constitutional principles, or by which per- are equal or the sexes have equal rights and obliga- sonal law is to be determined, or if the Constitution tions—considered to be an equality clause; recognizes religious systems of law or religious sources of law; •• The answer is also “No” if there is merely a provision stipulating that the sexes are equal before the law, but •• The answer is also “Yes” if the Constitution allows laws no provision dedicated to nondiscrimination; applicable before the Constitution came into force to remain valid—that is, if the country had a robust system •• The answer is also “No” if there is merely language ne- of personal law in place at the time; gating privileges based on sex; •• The answer is “No” in the absence of explicit constitu- •• The answer is also “No” if there is merely a provision tional recognition of religious sources or systems of law. entitling both sexes to fundamental rights without use of the word discrimination, but with use of phrases such 5a. If so, is it [customary law] invalid if it violates constitu- as “without regard to sex” or “whatever his sex.” tional provisions on nondiscrimination or equality? 3. Does the Constitution guarantee equality before the law? •• The answer is “Yes” if customary law is considered to be invalid if it violates other provisions of constitutional •• The answer is “Yes” if there is an equal protection or law; a general equality provision in the Constitution, and where it is generally applicable to “all citizens” and does •• The answer is also “Yes” if the Constitution makes not specify women as a protected category; reference to methods by which customary law will be brought in line with constitutional principles on nondis- •• The answer is “No” if there is no equal protection or crimination or equality; general equality provision in the Constitution. •• The answer is also “Yes” if the Constitution establishes 4a. Is customary law recognized as a valid source of law un- that customary laws or rights are guaranteed equally to der the constitution? men and women; •• The answer is “Yes” if the Constitution explicitly recog- •• The answer is “No” if customary law takes precedence nizes customary law; over constitutional provisions on nondiscrimination or equality; •• The answer is also “Yes” if the Constitution makes reference to methods by which customary law will be •• The answer is “N/A” if there are no constitutional provi- sions on nondiscrimination or equality, or if customary 46 Women, Business and the Law 2014 law is not explicitly mentioned as a valid source of law •• Voluntary or recommended quotas or quotas for wom- under the Constitution. en on candidate lists are not included in the scope of this question. 5b. If so, is it [personal law] invalid if it violates constitutional provisions on nondiscrimination or equality? Rights of married and unmarried women •• The answer is “Yes” if personal or religious laws are con- This sub-topic addresses whether a woman can engage in sidered to be invalid if they violate other provisions of a set of legal transactions in the same way as a man. It also constitutional law; addresses whether there are differences due to the mari- tal status of the woman. Married and unmarried men and •• The answer is “No” if personal or religious law takes women may not be able do things in the same way when, precedence over constitutional provisions on nondis- for instance, women require permission or an additional sig- crimination or equality; nature in order to complete a certain transaction, or when •• The answer is also “No” if religious law is declared to they must provide additional documentation not required of be the basis of all legislation and there is a supremacy men, such as a marriage license or proof of name change. clause in the constitution; Differences related to property transactions are taken into account in the Using property topic only. Accessing institu- •• The answer is “N/A” if there are no constitutional provi- tions does not count this type of difference. sions on nondiscrimination or equality or if personal or religious laws are not considered valid sources of law This sub-topic includes 22 different questions across 11 under the Constitution. transactions, including transactions that are legal in nature and those that relate to women’s freedom of movement. Quotas This sub-topic focuses on the existence of quotas for corpo- In the data tables, the 22 questions for Accessing institutions rate boards, parliaments and local governments. It includes are condensed into 11 questions with two possible answers Data Notes three questions, which capture mandatory quotas, specify- each, one for married and one for unmarried women. The ing the number of seats reserved for women: questions are as follows: 6. What are the legal quotas for women on corporate 9a. Can an unmarried woman apply for a passport in the boards?3 same way as an unmarried man? •• Proportions are entered in percentage terms, e.g., 40%; •• The answer is “Yes” if, upon reaching the legal age of majority, all civil acts may be completed and there are •• N/A means there is no quota; no differences in the way an unmarried woman or man •• Voluntary or recommended quotas are not included in may get a passport; the scope of this question. •• The answer is “No” if an adult unmarried woman needs the permission or signature of a guardian to apply for 7. What are the legal quotas for women representatives in a passport. parliament?4 9b. Can a married woman apply for a passport in the same •• Proportions are entered in percentage terms, e.g., 40%; way as a married man? •• N/A means there is no quota; •• The answer is “Yes” if upon reaching the legal age of •• Voluntary or recommended quotas, or quotas for wom- majority, all civil acts may be completed and there are en on candidate lists are not included in the scope of no differences in the way that a married woman or man this question. If the parliament has two chambers and may get a passport; the law specifies a quota for one of the chambers, but not the other, then the answer reflects the quota only •• The answer is “No” if an adult married woman needs the for the chamber that has a quota. permission or signature of her husband in order to apply for a passport; 8. What are the legal quotas for women representatives in •• The answer is also “No” if any additional documentation local government?5 is required of a married woman that is not required of •• Proportions are entered in percentage terms, e.g., 40%; a married man; e.g., if a marriage certificate is required specifically for married women but not for married men. •• N/A means there is no quota; Women, Business and the Law 2014 47 10a. Can an unmarried woman obtain a national ID card in 11b. Can a married woman travel outside the country in the the same way as an unmarried man?6 same way as a married man? •• The answer is “Yes” if there are no inequalities in the •• The answer is “Yes” if no restrictions exist on married process for obtaining a national identity card; women traveling alone internationally; •• The answer is “No” if unmarried women require addi- •• The answer is also “Yes” if the Constitution guarantees tional signatures, such as those of fathers or guardians, freedom of movement or the right to leave and reenter which unmarried men do not require; the country, or if men and women have the same rights inside of marriage, and no restrictions exist on married •• The answer is “No” if unmarried women must indicate women traveling internationally; the name of a father or guardian, but unmarried men are not required to do so; •• The answer is “No” if permission or additional docu- mentation is required for married women to leave the •• The answer is “No” if identity cards are optional for country; however, this permission must be separate women, but required for men; from that required get a passport, an area covered in a •• The answer is “N/A” if there is no national identity card. separate question; 10b. Can a married woman obtain a national ID card in the •• The answer is also “No” if the law requires a married same way as a married man?7 woman to accompany her husband out of the country if he so wishes. •• The answer is “Yes” if there are no inequalities in the process for obtaining a national identity card; 12a. Can an unmarried woman travel outside her home in the same way as an unmarried man? •• The answer is “No” if married women must provide mar- riage certificates, while married men are not required •• The answer is “Yes” if no restrictions exist on unmarried to do so; women traveling alone domestically; •• The answer is “No” if married women require additional •• The answer is also “Yes” if the Constitution guarantees signatures, such as those of fathers or guardians, which domestic freedom of movement and no restrictions ex- married men do not require; ist on unmarried women; •• The answer is “No” if married women must indicate the •• The answer is “No” if permission, additional documenta- name of their spouse, but married men are not required tion, or the presence of a guardian is required in order to do so; to travel domestically; •• The answer is “No” if identity cards are optional for •• The answer is also “No” if an unmarried woman must women, but required for men; justify her reasons for leaving the home to a guardian. •• The answer is “No” if the identity cards of married wom- 12b. Can a married woman travel outside her home in the en display the name of their spouse, but the identity same way as a married man? cards of married men do not; •• The answer is “N/A” if there is no national identity card. •• The answer is “Yes” if there are no restrictions on mar- ried women traveling alone domestically; 11a. Can an unmarried woman travel outside the country in the same way as an unmarried man? •• The answer is also “Yes” if the Constitution establishes the right to domestic freedom of movement, or if men •• The answer is “Yes” if no restrictions exist on unmarried and women have the same rights inside of marriage, women traveling alone internationally; and no restrictions exist on married women’s domestic •• The answer is also “Yes” if the Constitution guarantees travel; freedom of movement or the right to leave and reen- •• The answer is “No” if permission, additional documenta- ter the country and no restrictions exist on unmarried tion, or the presence of a guardian is required in order women traveling internationally; for a married woman to travel domestically; •• The answer is “No” if permission or additional docu- •• The answer is also “No” if a married woman must justify mentation is required for unmarried women to leave her reasons for leaving the home to her husband, or if the country; however, this permission must be separate leaving the home without a valid reason is considered from that required to get a passport, an area covered in disobedience with consequences under the law. a separate question. 48 Women, Business and the Law 2014 13a. Can an unmarried woman get a job or pursue a trade or •• The answer is “Yes” if full legal capacity is obtained upon profession in the same way as an unmarried man? the age of majority and there are no restrictions on married women signing legally binding contracts; •• The answer is “Yes” if no permission is needed for an •• The answer is “No” if married women have limited le- unmarried woman to get a job or practice a trade or gal capacity to enter into contracts or if they need the profession; signature, consent, or permission of their husbands in •• The answer is also “Yes” if there is a nondiscrimination or order to legally bind themselves; this question does not equality provision in the Constitution or Gender Equality concern restrictions on married women signing con- Act and no restriction in family or civil law regarding an tracts specifically related to marital property governed unmarried woman’s ability to work; under the default marital property regime; these are •• The answer is “No” if permission or additional documen- covered under the Using property indicator. tation is required, or if a guardian can stop an unmarried 15a. Can an unmarried woman register a business in the woman from working. same way as an unmarried man? 13b. Can a married woman get a job or pursue a trade or •• The answer is “Yes” if full legal capacity is obtained upon profession in the same way as a married man? the age of majority and there are no restrictions on un- •• The answer is “Yes” if no permission is needed for married women registering businesses; a married woman to get a job or practice a trade or •• The answer is “No” if unmarried women have limited profession; legal capacity to register a business; this would include •• The answer is also “Yes” if there is a nondiscrimination or situations in which they may not legally bind themselves equality provision in the Constitution or Gender Equality with a legal document. Act and no restriction in family or civil law regarding a 15b. Can a married woman register a business in the same married woman’s ability to work; Data Notes way as a married man? •• The answer is also “Yes” if married women and married men have the same rights in marriage and there is no •• The answer is “Yes” if full legal capacity is obtained restriction in the family or civil law regarding a married upon the age of majority and there are no restrictions woman’s ability to work; on married women registering a business; •• The answer is “No” if husbands can prevent their wives •• The answer is “No” if married women have limited legal from getting or keeping jobs or from pursuing a trade capacity to register a business; this would include if or profession; they may not legally bind themselves; •• The answer is also “No” if permission or additional docu- •• The answer is also “No” if married women need the mentation is required for married women to get a job permission, signature, or consent of their husbands to or if a married man can go to court to get his wife’s register a business; employer to fire her from her job or force her to leave •• The answer is also “No” if married women are required her profession; to provide information pertaining to their husbands •• The answer is also “No” if it is considered a form of dis- during any stage of the incorporation process, but the obedience with legal ramifications for a wife to engage requirement is not reciprocal. in employment contrary to her husband’s wishes or the interests of the family. 16a. Can an unmarried woman open a bank account in the same way as an unmarried man? 14a. Can an unmarried woman sign any type of contract in the same way as an unmarried man? •• The answer is “Yes” if there are no restrictions on un- married women opening bank accounts; •• The answer is “Yes” if full legal capacity is obtained upon •• The answer is “No” if there are specific provisions limit- the age of majority and there are no restrictions on un- ing the ability of unmarried women to open bank ac- married women signing legally binding contracts; counts; only provisions from the body of family laws •• The answer is “No” if unmarried women have limited are systematically counted; provisions that may exist in legal capacity to sign a legally binding contract. other types of law, such as banking regulations, are not included here. 14b. Can a married woman sign any type of contract in the same way as a married man? Women, Business and the Law 2014 49 16b. Can a married woman open a bank account in the same 18a. Can an unmarried woman confer citizenship on her chil- way as a married man? dren in the same way as an unmarried man? •• Only provisions from the body of family laws are sys- •• The answer is “Yes” if both mothers and fathers can tematically counted; provisions that may exist in other convey citizenship to the child, regardless of where the types of law are not; child is born; •• The answer is “Yes” if there are no restrictions on mar- •• The answer is also “Yes” if there are additional pro- ried women opening bank accounts; cedures that must be completed by men but not by women (e.g., providing proof of paternity); •• The answer is also “Yes” if explicit provisions exist stat- ing that married women may open bank accounts, or •• The answer is “No” if only fathers can convey citizenship that both spouses may open bank accounts in their own to the child, wherever that child may be born; names; •• Where a citizenship law and the constitution conflict on •• The answer is “No” if there are specific provisions limit- the passage of citizenship to children or spouses, the ing the ability of married women to open bank accounts. answer is coded according to whichever came later in This includes provisions stating that married women time. who are separately employed from their husbands may open a bank account in their own name, as it implies 18b. Can a married woman confer citizenship on her children that women without a separate income stream may not in the same way as a married man? do so; •• The answer is “Yes” if married mothers and fathers may •• The answer is also “No” if there are specific provisions both convey citizenship to their children, wherever the limiting the legal capacity of married women and pre- child is born; the answer is also “Yes” if there are ad- venting them from opening a bank account in their own ditional procedures that must be completed by men but name. not by women (e.g., providing proof of paternity); 17a. Can an unmarried woman choose where to live in the •• The answer is “No” if only married fathers can convey same way as an unmarried man? citizenship to the child, wherever that child may be born; •• The answer is “Yes” if there are no restrictions on un- •• Where a citizenship law and the constitution conflict on married women choosing where to live; also “Yes” if the passage of citizenship to children or spouses, the there is a general constitutional provision stating that answer is coded according to whichever came later in every person has the right to determine his or her own time. place of residence and where there are no restrictions on unmarried women choosing where to live; 19a. Can an unmarried woman be “head of household” or •• The answer is “No” if explicit restrictions exist on un- “head of family” in the same way as an unmarried man? married women choosing their place of residence. •• The answer is “Yes” if head of household is codified and 17b. Can a married woman choose where to live in the same there are no explicit restrictions on unmarried women way as a married man? becoming “head of household” or “head of family;” •• The answer is “No” if there is an explicit restriction on •• The answer is “Yes” if no explicit restrictions exist on unmarried women becoming “head of household” or a married woman choosing where her family may live; “head of family;” e.g., a provision stating that only men •• The answer is also “Yes” if there is a general constitu- can be “head of household” or “head of family” or that tional provision stating that every person has the right men “lead the family;” to determine his or her own place of residence, or if the •• The answer is also “No” if a male is designated as the family law states that spouses have equal rights within default family member who receives the family book marriage, and there are no restrictions on married or family book-type document which is mandatory or women choosing where to live; necessary for access to essential services; •• The answer is “No” if the husband chooses the fam- •• The answer is “N/A” if head of household is not codified. ily residence, or has additional weight in determining where the family shall live. 19b. Can a married woman be “head of household” or “head of family” in the same way as a married man? 50 Women, Business and the Law 2014 •• The answer is “Yes” if head of household is codified and man married to a national must wait a specific number there are no explicit restrictions on married women be- of years to become a citizen. coming “head of household” or “head of family;” 21. Are married women required by law to obey their •• The answer is “No” if there is an explicit restriction on husbands? married women becoming “head of household” or “head of family;” e.g., a provision stating that only husbands •• The answer is “Yes” if an explicit provision exists, stating can be “head of household” or “head of family” or that that married women must obey their husbands; husbands “lead the family” or “represent the family;” •• The answer is also “Yes” if there is a provision stating •• The answer is also “No” if a male is designated as the that disobedience towards her husband has legal rami- default family member who receives the family book fications for the wife, such as loss of maintenance; or family book-type document which is mandatory or necessary for access to essential services; •• The answer is “No” in the absence of a provision stating that married women must obey their husbands. •• The answer is “N/A” if head of household is not codified. 22. Do married couples jointly share legal responsibility for The data on the number of inequalities in Accessing institu- financially maintaining the family’s expenses? tions for unmarried women represent a count of the total number of “No” answers to the 11 questions applicable to •• The answer is “Yes” if there is an explicit provision stat- unmarried women. ing that spouses have joint or shared legal responsibility for financially maintaining their family’s expenses; The data on the number of inequalities in Accessing insti- tutions for married women represent a count of the total •• The answer is also “Yes” if spouses have equal rights number of “No” answers to the 11 questions applicable to and responsibilities within marriage; married women. •• The answer is “Yes” if the law is silent on the matter; Data Notes •• The answer is “No” in the case of provisions stating that Division of responsibility within marriage husbands are solely responsible for the financial support This sub-topic addresses potential legal inequalities that are of the family. only applicable to married women. It includes three questions as follows: Using property 20. Can a woman convey citizenship to a non-national spouse in the same way as a man? Assumptions It is assumed that the woman: •• This question compares the ability of an adult married woman to legally convey her citizenship to her non- •• Resides in the economy’s main business city; national husband with that of an adult married man to do the same for his non-national wife; •• Has reached the legal age of majority and is capable of making decisions as an adult; if there is no legal age •• The answer is “Yes” if marriage to a national male or of majority, the woman is assumed to be 30 years old; female equally confers some preference in naturaliza- tion to the non-national spouse; •• Is sane, competent, in good health and has no criminal record; •• The answer is “Yes” if neither spouse may convey citizenship to the other, that is, if citizenship must be •• Is a lawful citizen of the economy being examined; obtained through the general naturalization procedures •• Where the question assumes that the woman (or man) with no preference of any sort given to the spouse of is unmarried, she (or he) has never been married; a national; •• Where the question assumes that the woman (or man) •• The answer is “No” if a national husband can convey is married, the marriage is monogamous and is regis- citizenship to his non-national wife, but if a national tered with the authorities; wife may not do so for her non-national husband; •• Where the question assumes that the woman (or man) •• The answer is also “No” if the ability to convey citi- is married, the marital property regime she (or he) is zenship to a spouse is procedurally differentiated by married under is assumed to be the default marital gender; e.g., if a woman married to a national receives property regime and it is also assumed that the marital automatic citizenship rights upon her marriage, but if a Women, Business and the Law 2014 51 property regime will not change during the course of •• Partial community of property—whereby assets the marriage; acquired prior to marriage are regarded as the separate property of the acquiring spouse, and as- •• Where the answer differs according to the legal system sets and income acquired after marriage, with few applicable to the woman in question—as may be the exceptions provided for by law, are regarded as case in economies where legal plurality exists—the an- joint property of the couple. Also, whereby assets swer used will be the one applicable to the majority of acquired prior to marriage and assets acquired dur- the population. ing marriage are regarded as the separate property The answers to the questions below are based on codified of the acquiring spouse, but the accrued value of law and not the implementation or practice of that law. the property acquired by any of the spouses is con- Therefore, customary law is not taken into account unless sidered joint property. At the time of divorce, the the customary law has been codified. common property is divided equally between the spouses; The questions in the Using property indicator are designed •• Full community of property—all assets and income to determine what the management and control of marital brought into the marriage and acquired during the property looks like under the default marital property regime marriage become the joint property of the couple; in each of the economies covered. For all questions concern- it can also be referred to as “in community of prop- ing the ability of married women to carry out activities inde- erty;” at the time of divorce, all property is divided pendently of their husbands, the key concern is reciprocity. equally between spouses; Unequal treatment is counted only where a married man is able to carry out the activity and his wife cannot equally do •• Deferred full or partial community of property— so. the rules of partial or full community of property apply at the time of dissolution of the marriage (di- vorce or death of one of the spouses); prior to that, Marital property regime separation of property applies; The main areas of differentiation between women and men in exercising property rights lie in the rights granted to spouses •• Other—in economies where there is a default prop- under various marital property regimes, some of which grant erty regime which does not fit any of the above spouses equal treatment for property ownership. Other four descriptions; this alternative also applies in regimes grant husbands administrative control over jointly economies where spouses must opt into the marital owned marital property. Still others grant husbands admin- property regime of their choice—within the legal istrative control over their wives’ property. The marital prop- alternatives provided—before or at the time of erty regime also determines ownership and administrative marriage. In economies where there is no default rights over property upon dissolution of marriage. marital property regime, the most common marital property regime is used instead. Women, Business and the Law summarizes the main charac- teristics of the default marital property regime by means of 24. Who legally administers marital property? the following questions: •• The answer to this question assumes that the default 23. What is the default marital property regime? marital property regime applies and is classified as follows: •• The default marital property regime is the set of rules •• Original owner—in this situation, each spouse re- that apply to the management of property within mar- tains administrative power over the property they riage when no prenuptial agreement exists, and also brought to marriage, as well as the property they at the time of dissolution of the marriage through di- acquire during marriage. No consent is needed from vorce. For the purposes of this question, the default the other spouse regarding separate property trans- marital property regimes are classified in the following actions. This administrative scheme is usually found categories: in separation of property regimes and can also be •• Separation of property—under a separate property found in deferred full or partial community regimes. regime all property acquired by the spouses before This question does not cover special provisions con- they marry, as well as all property acquired during cerning the marital home; the marriage, remains the separate property of the •• Separate with spousal consent—this choice implies acquiring spouse. This regime can also be referred that each spouse administers his or her separate to as “out of community property;” property but, for major transactions, needs spousal 52 Women, Business and the Law 2014 consent. This administrative scheme is mostly found 26. Are there any special provisions governing transactions in separation of property, but can also be found in concerning the marital home, such as selling or pledging as deferred full or partial community, or in partial com- collateral? munity regimes; •• This question is designed to measure specific legal pro- •• Both must agree—both spouses have equal rights tections concerning the marital home, regardless of the in joint property administration and transactions; default marital property regime; they perform all acts of administration together and, if one of the spouses has been delegated ad- •• The answer is “Yes” where a separate legal provision is ministrative rights by the other, spousal consent is included in the law regarding the administration of the implied. This administrative scheme is mostly seen marital home. Such provisions may require that both in full community and partial community regimes; spouses agree to any major transaction involving the marital home or establish that the court will intervene •• Husband—the husband has administrative rights in case of disagreement. Such provisions are particularly over all property, including his wife’s separate prop- relevant in marriages where separation or deferred full erty if applicable. This scheme has been found only or partial community are the default regimes; in partial community regimes; •• The answer is “No” if the general rule on transactions •• Other—this alternative will apply in all cases in regarding property within marriage are followed. which the administrative scheme does not fit any of the above. It includes, for example, cases in which 27. Does the law provide for valuation of non-monetary the law provides for both spouses to administer contributions?8 marital property but, in case of disagreement, either the husband is given the power to ultimately decide •• This question is designed to measure if, at the time of or other members of the family have a say on how dissolution of marriage, the division of property benefits the property is administered. both spouses equally. The process of property division Data Notes upon divorce is examined to identify whether caring Protecting a wife’s interests for minor children, taking care of the family home, or This sub-topic focuses on two areas: 1) the existence of legal any other non-monetized contribution from the non- provisions establishing limits to transactions concerning ma- working spouse is taken into consideration; jor assets; and 2) the legal recognition of married women’s •• The answer is “Yes” where an explicit legal provision contributions through non-remunerated efforts. The ques- recognizing such contributions is found; tions in this sub-topic measure the following: •• The answer is also “Yes” when the default marital prop- 25. If it is the husband who administers the property, does erty regime is full community, partial community or he need his wife’s consent to undertake major transactions, deferred full or partial community of property, as these such as selling or pledging the property as collateral? regimes implicitly recognize non-monetary contribu- tions at the time of property division and divide martial •• This question is designed to measure whether there is property equally, regardless of which spouse actually any legal provision establishing limits to the adminis- purchased it or is the title-holder. trative rights granted to the husband over property, to •• The answer is “No” where the default marital property prevent potential deterioration that may be detrimental regime is separation of property or other, and no explicit to the wife. legal provision recognizing such contributions is found. •• The answer is “Yes” where the law requires that the wife provide her consent when the husband is per- Property rights forming major transactions involving the property he This sub-topic focuses on property and measures the follow- administers; ing two legal transactions: •• The answer is “No” where there is no legal requirement 28a. Do unmarried men and unmarried women have equal for the wife to consent to transactions performed by ownership rights to property? the husband involving the property he administers; •• The answer is “N/A” where the husband does not solely •• This question is designed to determine whether there administer marital property. are gender-based differences over property for unmar- ried men and unmarried women. Ownership rights as used here include the ability to manage, control, Women, Business and the Law 2014 53 administer, access, encumber, receive, dispose of and 30. Do female and male surviving spouses have equal inheri- transfer property; tance rights over property? •• The answer is “Yes” when no specific legal restriction is •• For the purpose of this question, it is assumed that the applied to single women or men, based on gender, with deceased spouse left no children or any other heirs, regard to property; other than the surviving spouse; •• The answer is “No” when legal restrictions are applied •• This question examines whether both spouses have to single women or men, based on gender, with regard equal rank and rights when it comes to inheriting assets to property. in the absence of a will; 28b. Do married men and married women have equal owner- •• The answer is “Yes” where the law recognizes the same ship rights to property? rights to surviving spouses, once his or her spouse is deceased; •• This question is designed to determine whether there •• The answer is “No” where there are gender-based dif- are gender-based differences over property rights for ferences on inheritance. married men and married women. Ownership rights as used here include the ability to manage, control, administer, access, encumber, receive, dispose of and transfer property. The answer to this question is based Going to court on whether husbands and wives married under the de- Assumptions fault property regime have equal ownership rights over property; It is assumed that the woman: •• The answer is “Yes” when no specific restriction or dif- •• Resides in the economy’s main business city; ference in legal treatment is applied to married women •• Has reached the legal age of majority and is capable of or men, based on gender; making decisions as an adult; •• The answer is “No” when there are differences in the •• Is sane, competent, in good health and has no criminal legal treatment of spouses regarding property based record; on gender, and broken down by marital status. For ex- ample, if husbands are granted administrative control •• Where the question assumes that the woman (or man) over marital property, the answer is “No.” is married, the marriage is monogamous and it is regis- tered with the authorities; Inheritance rights •• Where the question assumes that the woman (or man) This sub-topic focuses on the applicable law in cases where is unmarried, she (or he) has never been married; there is no will. In economies where codified law is applicable •• Where the answer differs according to the legal system only to individuals who have affirmatively renounced custom- applicable to the woman in question—as may be the ary law, the presumption is that an affirmative renouncement case in economies where legal plurality exists—the an- has been made. swer used will be the one applicable to the majority of the population. 29. Do sons and daughters have equal inheritance rights to property from their parents? The answers to the questions below are based on codified law and not the implementation or practice of that law. •• This question examines whether there are gender-based Therefore customary law is not taken into account unless the differences in the rules of intestate succession (that is, customary law has been codified. in the absence of a will) for property from parents to children; This topic assesses both indirect and direct differentiation •• The answer is “Yes” where the law recognizes children in the law regarding women’s access to the judicial system. as heirs without any restrictions based on gender with The first sub-topic on equality of access contains three ques- regard to property; tions examining the existence of courts adjudicating matters of customary or personal law and assessing the value of a •• The answer is “No” where there are gender-based dif- woman’s testimony in court relative to a man’s. ferences between children recognized as heirs, on in- heritance for property. 54 Women, Business and the Law 2014 Equality of access apply to civil and commercial cases, the amount appli- 31. Does the law recognize customary courts?9 cable to civil cases was used; •• If the answer is N/A, the economy in question has no •• The answer is “Yes” if the constitution or the law estab- small-claims courts or fast-track procedures for civil lishes or recognizes the authority of a judicial body (e.g., claims of small value. a court or tribunal) that is competent to hear cases and apply the customary law, either codified or not. Equality of representation 32. Does the law recognize personal law courts? 10 This sub-topic contains three questions which look at women’s representation on constitutional courts and other •• The answer is “Yes” if the constitution or the law estab- judicial institutions mandated with the control of legislative lishes or recognizes the authority of a judicial body (e.g., and executive acts and the interpretation of the Constitution. court or tribunal) that is competent to hear cases and apply the personal law, either codified or not. 36. How many justices are there on the Constitutional Court?11 33. Does a woman’s testimony carry the same evidentiary weight in court as a man’s? •• For the purposes of this question Constitutional Courts and the court-like institutions mandated with the consti- •• This question covers all types of court cases; tutionality control of laws and regulations are examined. •• The answer is “No” if the law establishes a differentia- •• When the number of justices set by law is a minimum, a tion between the evidentiary value of a woman’s testi- maximum or a range, the data reflect the actual number mony and that of a man’s testimony. of justices; •• When the constitutional review is carried out by a sepa- Efficacy of procedure rate chamber of the highest court, the question reflects Data Notes This sub-topic contains two questions examining the ex- the composition of this chamber. istence of small claim courts and the threshold for claims which they can adjudicate. 37. Of those, how many are women?12 34. Is there a small-claims court or a fast-track procedure for •• This question reflects how many members of small claims? Constitutional Courts, or court-like institutions man- dated with the constitutionality control of laws and •• Small-claims courts have limited jurisdiction and hear regulations are women. civil cases between private litigants involving relatively small amounts of money; though the names of such 38. Is the Chief Justice a woman?13 courts vary by jurisdiction, they share features that •• This question reflects if the Chief Justice of the generally include relaxed rules of civil procedure, the Constitutional Court or the court-like body mandated appearance of adversaries without legal representation, with the constitutionality control of laws and regula- the use of plain language and relaxed evidentiary rules. tions is a woman. Fast-track procedures for small claims or simplified pro- cedural rules for small claims operate in a similar way but function under the auspices of another court; Getting a job •• If the answer is “Yes,” there is either a small-claims court or a fast-track procedure for civil claims of small value; Assumptions •• The answer is “No” if the small-claims court or fast-track It is assumed that the woman: procedures exist but are not competent in civil matters (e.g., commercial claims only). •• Resides in the economy’s main business city; •• Has reached the legal age of majority and is capable of 35. If so, what is the maximum amount for a small claim (as making decisions as an adult; a percentage of income per capita)? •• For purposes of determining the retirement and pen- •• This indicates the highest amount for claims that can be sionable ages, that she is currently 40 years old and heard in a small-claims court; when different amounts started working at the age of 25; Women, Business and the Law 2014 55 •• Is sane, competent, in good health and has no criminal benefits applicable only to the mother, while paternity cov- record; ers benefits applicable only to the father. Parental covers benefits applicable to both the mother and the father, even •• Has been working long enough to accrue all benefits, if the distribution of those benefits is unequal between the including any maternity/parental or retirement benefits; two parents. •• If a question assumes that a woman is pregnant, it is her first pregnancy and a single uncomplicated birth is 39a. Does the law mandate paid or unpaid maternity leave? expected; The birth took place on or after January 1, 2011; •• Here maternity leave can be paid or unpaid, as long as the government explicitly mandates some form of •• Will be nursing until the child is 1 year old; maternity leave; •• For purposes of determining the retirement and pen- •• Maternity leave is defined as a leave available only to sionable ages, that she has raised one child only; the mother; parental leave that is available to both par- •• Is an employee in a non-managerial post in the manu- ents is not included in maternity leave; facturing sector in a firm of at least 50 employees. •• Provisions for circumstantial leave by which an em- It is assumed that the man: ployee is entitled to a certain number of days of paid leave (usually fewer than five days) upon the birth of a •• Resides in the country’s main business city; child are considered paternity leave; even if the law is gender neutral, such leave is not considered maternity •• Has reached the legal age of majority and is capable of leave, provided maternity leave is covered elsewhere making decisions as an adult; under the law. It is assumed that if the mother has an •• For purposes of determining the retirement and pen- option to choose between two schemes of maternity sionable ages, that he is currently 40 years old and leave, one being a shorter leave paid at 100% and the started working at the age of 25; second being a longer leave paid at 80%, that she will choose the first at 100%. •• Is sane, competent, in good health, and has no criminal record; 39b. Does the law mandate paid or unpaid paternity leave? •• Has been working long enough to accrue all benefits, including any paternity/parental or retirement benefits; •• Here paternity leave can be paid or unpaid, as long as the government explicitly mandates some form of pa- •• If a question assumes that a man’s wife is pregnant, ternity leave; that it is his first child and a single uncomplicated birth is expected and that the birth took place on or after •• Paternity leave is defined as leave available only to the January 1, 2011; father; parental leave that is available to both parents is not included in paternity leave; •• Is an employee in a non-managerial post in the manu- facturing sector in a firm of at least 50 employees; •• Provisions for circumstantial leave in which an employee is entitled to a certain number of days of paid or unpaid •• Has completed infant care training courses, which leave (usually fewer than five days) upon the birth of sometimes serve as a prerequisite for extended pater- a child are considered paternity leave; even if the law nity leave. is gender neutral, such leave is not considered ma- ternity leave, provided that maternity leave is covered In general, the answers to the questions in Getting a job are elsewhere under the law. For example, if the labor code based on written law and not on collective bargaining agree- provides that a worker may take a “one-day leave for ments; however, the latter are taken into account when the the birth of a child” as an unpaid justified absence, the following two conditions are met: term “worker” is gender neutral, and maternity leave is •• They cover more than 50% of the work force in covered in another article of the code, in this case, the manufacturing; one-day unpaid justified absence is considered pater- nity leave. •• They apply to individuals who are not party to the origi- nal collective bargaining agreement. 39c. Does the law mandate paid or unpaid parental leave? Parental benefits •• Here parental leave can be paid or unpaid, as long as the government explicitly mandates some form of pa- The sub-topic on parental benefits contains 19 questions on rental leave shared between both mother and father; maternity, paternity and parental benefits. Maternity covers 56 Women, Business and the Law 2014 •• Allowances for a fixed number of days per year to be 41a. What is the mandatory minimum length of unpaid ma- applied towards family emergencies, or child-related ternity leave (in calendar days)? responsibilities are not considered parental leave; the leave must be contiguous with the birth of the child and •• This is the number of days of optional unpaid maternity maternity or paternity leave. leave that an employer must provide; parental leave that is optional for both parents is not included here; 40a. What is the mandatory minimum length of paid mater- •• If leave is provided, but is not contiguous with the birth, nity leave (in calendar days)? this leave is not considered unpaid maternity leave, as it can be taken at any point after the birth of the child; •• This is the number of days of maternity leave that legally must be paid by the government, the employer or both; •• The unpaid maternity leave is in addition to the paid maternity leave if such leave exists. •• Maternity leave is defined as leave available only to the mother; parental leave that is available to both parents 41b. What is the mandatory minimum length of unpaid pa- is not included in maternity leave; ternity leave (in calendar days)? •• If paid leave not contiguous with the birth of a child is provided, this leave is not considered paid maternity •• This is the number of days of optional unpaid paternity leave, as it can be taken at any point after the birth of leave that an employer must provide; parental leave the child. that is optional for both parents is not included here; •• If a father can take unpaid paternity leave only if the 40b. What is the mandatory minimum length of paid pater- mother does not take her maternity leave, it is assumed nity leave (in calendar days)? that the mother takes her full entitlement to maternity leave; •• This is the number of days of paternity leave that legally must be paid by the government, the employer or both; •• The unpaid paternity leave is in addition to the paid pa- Data Notes ternity leave if such leave exists. •• Paternity leave is defined as leave available only to the father; parental leave available to both parents is not 41c. What is the mandatory minimum length of unpaid pa- included in paternity leave; rental leave (in calendar days)?14 •• If a father can take paid paternity leave only if the moth- er does not take her maternity leave, the assumption is •• This is the number of days of optional unpaid parental that the mother takes her full entitlement to maternity leave that an employer must provide; leave. •• The unpaid parental leave is in addition to the paid pa- rental leave if such leave exists. 40c. What is the mandatory minimum length of paid parental leave (in calendar days)? 42a. Who pays maternity leave benefits? •• This is the number of days of parental leave which by •• This question covers whether maternity leave benefits law must be paid by the government, the employer or are funded by the government, the employer or both; both; if only the employer funds maternity leave benefits, the •• If the law mandates that the length of parental leave employer bears the entire cost of the benefits and pays is not a definite amount of time, but rather worded as the employee directly; “until the child reaches a certain age,” then the number •• Employer contributions to government funds (such as of post-natal maternity leave days is subtracted from Social Security) that pay maternity benefits are not con- the number of parental leave days; sidered to be employer payments of maternity benefits; •• Parental leave is counted only if it is contiguous with •• If the answer is N/A, no paid maternity leave is available. maternity and paternity leaves; •• It is assumed that the mother and the father both take 42b. Who pays paternity leave benefits? the full maternity and paternity leave available to them, •• This question covers whether paternity leave benefits before taking parental leave; are funded by the government, the employer or both; •• If various parental leave schemes exist that the parents/ if only the employer funds paternity leave benefits, the family/mother can choose from, it is assumed that par- employer bears the entire cost of the benefits and pays ents select the scheme with the highest pay. the employee directly; Women, Business and the Law 2014 57 •• Employer contributions to government funds (such as 44b. Where paid parental leave exists, what is the minimum Social Security) that pay paternity benefits are not con- amount which only the father must take (in calendar days)? sidered to be employer payments of paternity benefits; •• The question captures whether there is a minimum •• If the answer is N/A, no paid paternity leave is available. number of days that can be taken only by the father and therefore cannot be shared with the mother. For 42c. Who pays parental leave benefits? example, if parental leave is 120 days, the mother must •• This question covers whether parental leave benefits take 48 days and the father 10 days out of the 120; if are funded by the government, the employer or both; neither mother nor father takes the parental leave days if only the employer funds parental leave benefits, the designated for them, they will lose those days; parents employer bears the entire cost of the benefits and pays can decide how to divide the remaining 62 days be- the employee directly; tween them or opt to allocate all 62 days to only one parent; •• Employer contributions to government funds (such as Social Security) that pay parental benefits are not con- •• If the answer is N/A, no paid parental leave is available. sidered to be employer payments of parental benefits; 45a. Where unpaid parental leave exists, what is the mini- •• If the answer is N/A, no paid parental leave is available. mum amount which only the mother must take (in calendar days)?15 43a. What percentage of wages is paid during maternity leave? •• The question captures whether there is a minimum number of days which can be taken only by the mother •• This is the total percentage of wages covered by all and therefore cannot be shared with the father; sources during paid maternity leave; when different per- centages for wages are covered at different stages of •• If the answer is N/A, no unpaid parental leave is maternity leave, a weighted average of this percentage available. is calculated; weights are proportional to the duration 45b. Where unpaid parental leave exists, what is the mini- of those stages. mum amount which only the father must take (in calendar 43b. What percentage of wages is paid during paternity days)?16 leave? •• The question captures whether there is a minimum •• This is the total percentage of wages covered by all number of days that can be taken only by the father sources during paid paternity leave; when different per- and therefore cannot be shared with the mother; centages for wages are covered at different stages of •• If the answer is N/A, no unpaid parental leave is paternity leave, a weighted average of this percentage available. is calculated; weights are proportional to the duration of those stages. Retirement and pensions 43c. What percentage of wages is paid during parental leave? This sub-topic includes six questions on retirement and pen- sions. Assumptions specific to this sub-topic include the •• This is the total percentage of wages covered by all following: sources during paid parental leave; when different per- centages for wages are covered at different stages of •• If retirement is not governed by age, but by the number parental leave, a weighted average of this percentage of years worked or the number of years in which contri- is calculated; weights are proportional to the duration butions are made, or if there are transitional provisions of those stages. increasing or decreasing the retirement age over a pe- riod of years, it is assumed that the worker is currently 44a. Where paid parental leave exists, what is the minimum 40 years old and started working at age 25; amount which only the mother must take (in calendar days)? •• Answers are rounded to the nearest year. •• The question captures whether there is a minimum 46a. What is the age at which a man can retire and receive number of days which can be taken only by the mother full benefits? and therefore cannot be shared with the father; •• If the answer is N/A, no paid parental leave is available. •• This is the age at which men working in the private sec- tor can retire and receive full benefits; 58 Women, Business and the Law 2014 •• It is assumed that the retiree has completed all the nec- 48b. What is the mandatory retirement age for women? essary qualifications to retire at the retirement age; •• N/A means there is no age at which a woman is re- •• If there is no national law regarding retirement, this quired to retire. question is coded as N/A. 46b. What is the age at which a woman can retire and re- Working hour and industry restrictions ceive full benefits? This sub-topic includes ten questions and covers working hour and job-specific restrictions on women. For the pur- •• This is the age at which women working in the private poses of this section, it is assumed the woman gave all nec- sector can retire and receive full benefits; essary permissions, including written consent. •• It is assumed that the retiree has completed all the nec- essary qualifications to retire at the retirement age; 49. Can non-pregnant and non-nursing women do the same jobs as men? •• If there is no national law regarding retirement, this question is coded as N/A. •• Restrictions which are specific to pregnant women or nursing mothers are not included in this question; 47a. What is the age at which a man can retire and receive partial benefits? •• This question is designed to determine if there are spe- cific jobs in which women explicitly or implicitly cannot •• This is the age at which a man can retire and receive work, except in limited circumstances; partial, not full, pension benefits, either because the •• Both partial and full restrictions on women’s work are man did not accumulate enough work experience, counted as restrictions. For example, if women are only contributions or because he did not reach a certain age allowed to work in certain jobs within the mining indus- qualifying him for full pension benefits. This age is often try, e.g., as health care professionals within mines, but called early pensionable age or early retirement age; not as miners, this counts as a restriction; Data Notes •• If there is no age at which a man can retire and receive •• Explicit restrictions are examined regarding women partial benefits, then the answer is the same as the age doing certain jobs such as mining. Also examined are at which a man can retire and receive full benefits (see implicit restrictions stating that women cannot work in 46a above); “hazardous” or “arduous” conditions; •• If there is no national law regarding retirement, this •• This includes jobs in which there is a limit on how many question is coded as N/A. hours a woman can work, but no limit for men; 47b. What is the age at which a woman can retire and re- •• This includes restrictions on night work for certain jobs, ceive partial benefits? which do not apply to men; •• Where the law indicates that regulations restricting •• This is the age at which a woman can retire and receive women’s work in particular industries may be pro- partial, not full, pension benefits, either because the mulgated by the relevant minister or ministry, this is woman did not accumulate enough work experience or counted as a restriction. contributions, or because she did not reach a certain age, qualifying her for full pension benefits. This age is Questions 50a-h below disaggregate the information col- often called early pensionable age or early retirement lected in question 49, to determine in which job categories age; women face specific restrictions. •• If there is no age at which a woman can retire and re- ceive partial benefits, then the answer is the same as 50a. Can non-pregnant and non-nursing women engage in the age at which a woman can retire and receive full [mining] in the same way as men? benefits (see 46b above); •• The answer is “Yes” if there is no restriction on women •• If there is no national law regarding retirement, this working in the mining industry; question is coded as N/A. •• The answer is “No” if there is a full or partial restriction 48a. What is the mandatory retirement age for men? on women working in the mining industry. •• N/A means there is no age at which a man is required 50b. Can non-pregnant and non-nursing women engage in to retire. [construction] in the same way as men? Women, Business and the Law 2014 59 •• The answer is “Yes” if there is no restriction on women 50g. Can non-pregnant and non-nursing women engage in working in construction; [jobs deemed arduous] in the same way as men? •• The answer is “No” if there is a full or partial restriction •• The answer is “Yes” if there are no jobs legally consid- on women working in construction. ered to be too arduous for women which are also not considered to be too arduous for men; 50c. Can non-pregnant and non-nursing women engage in [metal work] in the same way as men? •• The answer is “No” if a certain category of jobs are deemed too arduous for women, but are not deemed •• The answer is “Yes” if there is no restriction on women too arduous for men; working in metal work; •• Work of an arduous nature includes, for example, if the •• The answer is “No” if there is a full or partial restriction law prohibits women from working in jobs which involve on women working in metal work. particularly hard manual labor. 50d. Can non-pregnant and non-nursing women engage in 50h. Can non-pregnant and non-nursing women engage [factory work] in the same way as men? in [jobs which are considered morally inappropriate] in the same way as men? •• The answer is “Yes” if there is no restriction on women working in factories; •• The answer is “Yes” if there are no jobs legally consid- •• The answer is “No” if there is a full or partial restriction ered to be morally inappropriate for women which are on women working in factories. also not considered to be morally inappropriate for men; •• The answer is “No” if a certain category of jobs is le- 50e. Can non-pregnant and non-nursing women engage in gally deemed morally inappropriate or socially harmful [jobs requiring lifting weights above a threshold] in the same for women, but is not deemed morally inappropriate or way as men? socially harmful for men. •• The answer is “Yes” if there is no restriction on wom- 51. Can women work the same night hours as men? en engaging in jobs with a minimum weight-lifting requirement; •• This question does not factor in night work restrictions •• The answer is “No” if there is a full or partial restriction on pregnant women or nursing mothers; on women engaging in jobs with a minimum weight- •• Where the law indicates that regulations may be pro- lifting requirement. mulgated by the relevant minister or ministry, restricting •• The answer is also “No” if women cannot perform work women’s work at night, this is counted as a restriction. requiring heavy lifting, for example, if the law prohibits women from working in jobs which involve the loading Workplace protections and unloading of goods. This sub-topic includes seven questions examining women’s legal rights in the workplace: 50f. Can non-pregnant and non-nursing women engage in [jobs deemed hazardous] in the same way as men? 52. Does the law mandate equal remuneration for men and women for work of equal value? •• The answer is “Yes” if there are no jobs legally con- sidered too hazardous for women, which are also not •• This question captures whether employers are legally considered too hazardous for men; obliged to remunerate equally male and female employ- •• The answer is “No” if a certain category of jobs is deemed ees who do work of equal value. too hazardous for women, but are not deemed too haz- ardous for men. Work of a hazardous nature includes, 53. Are there laws mandating nondiscrimination based on for example, if the law prohibits women from working in gender in hiring? jobs which could have a harmful effect or increased risk •• This question is designed to determine whether the law to their life or health, given women’s psycho-physical specifically prevents and/or penalizes gender-based qualities, or where such jobs are not deemed to have a discrimination in the hiring process. harmful effect or increased risk to men’s life or health given men’s psycho-physical qualities. 54. Is it illegal for an employer to ask about family status during a job interview? 60 Women, Business and the Law 2014 •• This question is designed to determine whether an em- Building credit ployer is allowed to inquire about the family status of a prospective employee during a job interview; the law The background information for this indicator comes from may prohibit discrimination based on this information, the depth of credit information index that forms part of the but remain silent as to whether employers are allowed Doing Business 2014 Getting credit indicator. That index to ask for it in the first place; measures rules affecting the scope, accessibility and quality of credit information available through private credit bureaus •• Here, family status means whether the employee is and public credit registries. It examines various features of married or not, and whether the employee has any mi- private bureaus, public registries or both. nor children. High-income economies are not included in the sample here, 55. Are there laws penalizing or preventing the dismissal of because microfinance institutions are far more prevalent in pregnant women? developing economies. In addition, traditional bank financ- ing is, for the most part, widely available to women in high- •• This question is designed to determine whether preg- income economies, making microfinance providers less criti- nancy can serve as grounds for dismissal; cal to women’s quest for capital. Four questions that could •• The answer is “Yes” if the law explicitly prohibits and/or potentially have a large impact on women’s ability to build penalizes the dismissal of pregnant women. credit were examined in detail. 56. Must employers give employees an equivalent position 59. What is the minimum loan amount covered in the private when they return from maternity leave? credit bureau or public credit registry (as a percentage of income per capita)? •• The question considers paid and unpaid leave and cap- tures whether the employer has a legal obligation to •• This number reflects the lowest minimum loan amount reinstate the returning employee in an equivalent or of any credit bureau or registry in the economy in Data Notes better than the pre-leave position and salary; question; •• Where the maternity leave regime explicitly establishes •• If a credit bureau or registry collects data on loans a suspension of the employee’s contract, the answer is worth less than 1% of income per capita, it is treated as assumed to be “Yes;” if it collects data on loans of any value; thus an answer •• In economies which also have parental leave and the of 0 here means either that there is no minimum loan law guarantees the return to the same position or an amount in at least one credit bureau or registry, or that equivalent position paid at the same rate after parental at least one credit bureau or registry collects data on leave, but is silent about the guarantee to the same po- loans worth less than 1% of income per capita; sition after maternity leave, the answer is “Yes;” •• The answer is N/A, if there is no credit bureau or regis- •• If the answer is N/A, no paid or unpaid maternity leave try in the economy. is available. 60. Do microfinance institutions provide information to pri- 57. Are employers required to provide break time for nursing vate credit bureaus or public credit registries? mothers? •• For the purposes of this question, it is sufficient that •• The answer is “Yes” if legal provisions specifically require any one private credit bureau or public credit registry firms and employers to provide break time for nursing in the economy in question collects information from mothers who express breast milk at work; such a legal microfinance institutions; requirement may depend on the size of the firm or the •• The answer is N/A, the economy in question is proportion of women it employs. high-income; •• The answer is N/A if there is no private credit bureau or public credit registry; 58. Do employees with minor children have rights to a flex- ible/part-time work schedule? •• If the economy in question has no operational credit bu- reau or registry, or if these entities collect information •• The answer is “Yes” if the law offers employees with for less than 0.1% of the adult population, the entities minor children easier access to flexible work schedule are treated as not collecting information from microfi- arrangements or part-time work in comparison with nance institutions. employees without minor children. Women, Business and the Law 2014 61 61. Do retailers provide information to private credit bureaus •• The answer is “Yes” if primary or elementary education or public credit registries?17 is made compulsory by the Constitution or another legal text and is publicly funded. •• For the purposes of this question, it is sufficient that any one private credit bureau or public credit registry Personal income tax in the economy in question collects information from 66a. Are there specific tax deductions or tax credits that are any retailer; applicable only to men? •• The answer is N/A if there is no private credit bureau or public credit registry. •• This question is designed to determine whether the personal income tax code differentiates between men 62. Do utility companies provide information to private credit and women on deductions and credits and includes in- bureaus or public credit registries?18 stances where tax specific deductions and credits can only go to male heads of household; •• For the purposes of this question, it is sufficient that any one private credit bureau or public credit registry •• The answer is “Yes” if the personal income tax code in the economy in question collects information from a includes a tax deduction or credit which applies only to utility company; male taxpayers; •• The answer is N/A if there is no private credit bureau or •• The answer is also “Yes” if the personal income tax code public credit registry. includes a tax deduction or credit which can only go to the head of household and only men can legally be the head of household. Providing incentives to work 66b. Are there specific tax deductions or tax credits that are Taxes and the provision of certain public services can make it only applicable to women? easier or more difficult for women to participate in the labor force. This topic contains the following five questions: •• This question is designed to determine whether the per- sonal income tax code differentiates between men and Childcare and education women on deductions and credits; 63. Are payments for childcare tax deductible? •• The answer is “Yes” if the personal income tax code in- cludes a tax credit or deduction which is applicable only •• The answer is “Yes” if childcare expenses are listed as to female tax payers. deductible items in the personal income tax code; for this purpose, childcare expenses cover various options: kindergartens or crèches, day-care centers, after-school Summary of methodology changes centers, in-home care and child-minding arrangements. As footnoted above there were several changes of meth- 64. Is there public provision of childcare for children under odology between Women, Business and the Law 2012 and the age of primary education? Women, Business and the Law 2014. For that reason, the data presented on the website were recomputed to match •• For the purpose of this question, childcare may take the new methodology. In all six of the topics there were several forms: kindergartens or crèches, day-care changes of methodology as follows: centers, after-school centers, in-home care and child- minding arrangements; •• Accessing institutions—The questions on customary and personal law within the constitutional system were •• The answer is “Yes” if public authorities/the govern- disaggregated to examine customary and personal law ment fund childcare facilities and services; separately. The questions concerning quotas on corpo- rate boards, in local government and in parliament are •• The answer is “Yes” if public authorities/the government new and a new question was also added on whether may also subsidize the use of private childcare facilities married and unmarried women can get a national ID and services as well as the hiring of child-minders. card in the same way as men. Finally, the question on 65. Does the law mandate free and compulsory primary whether married and unmarried women can become education? head of household in the same way as men now in- corporates whether men are designated as the default family member who receives the family book or family 62 Women, Business and the Law 2014 book-type documents that are mandatory or necessary changed to “What is the age at which one can retire for access to essential services. In economies where and receive full benefits?” The wording of the question “head of household” is not a term with legal implica- “What is the minimum pensionable age in the private tions, the question is coded as N/A. For the question sector?” has been changed to “What is the age at which on whether a woman can confer citizenship to a non- one can retire and receive partial benefits?” The ques- national spouse in the same way as a man, instances tion “In the private sector, is it mandatory to retire at where marriage does not confer a citizenship preference the statutory retirement age?” was rephrased to “What to the non-national spouse are coded as N/A. Because is the mandatory retirement age?” and disaggregated of the addition of a question asking whether there is a into two separate questions for men and women. The nondiscrimination clause in the constitution, the ques- question on whether pregnant or nursing mothers tion on gender-based nondiscrimination clauses is now can work the same number of hours as men or other answered as N/A if there is no nondiscrimination clause. women was removed. The questions on the presence of laws obligating the employer to give the employee •• Using property—the questions in this topic are no the same job when he returns from paternity leave or longer disaggregated according to movable/immov- when he or she returns from parental leave were also able property, as there was previously no variation on removed. The question on the presence of laws protect- movable property. The questions on joint titling, who ing employees from sexual harassment in the workplace is entitled to the marital home in case of dissolution, has been moved from the Getting a job indicator to the and whether there is a legal presumption of joint owner- new pilot indicator on Protecting women from violence, ship between the husband and the wife were removed, where sexual harassment is covered in greater depth. as they previously clustered according to the default marital property regime. New questions were added •• Providing incentives to work—The question on wheth- to determine if the law provides for the valuation of er there are male specific tax deductions or credits now nonmonetary contributions during marriage; if the includes instances where men are heads of household husband administers property, does he need his wife’s either exclusively or by default and thereby receive spe- Data Notes consent to undertake major transactions (such as selling cific tax deductions or credits attached to that status. or pledging the property as collateral); and are there Additionally, the previous two questions: “Does the law special provisions governing transactions concerning mandate compulsory primary education for children?” the marital home. For the question of who legally ad- and “If the law does mandate compulsory primary ministers joint marital property—in addition to the an- education for children, is it provided by the state for swer options: “both spouses,” “the original owner” and free?” were combined into one question on “Does the “other”—two answer options were added: “separate law mandate free and compulsory primary education?” with spousal consent” and “the husband.” •• Building credit—Two new questions examine whether •• Getting a job—The previous question concerning utility companies and retailers provide information to whether there are laws or constitutional provisions private credit bureaus or public credit registries. mandating equal pay for equal work has been revised •• Going to court—Three new questions examine the to reflect the ILO standard. The question now examines number of justices seated on a constitutional court, the whether the law mandates equal remuneration for men number of women among them, and whether the Chief and women for work of equal value. The question on Justice is a woman. Two questions were also added industry restrictions for women’s work has been dis- on whether the law recognizes customary courts and aggregated into eight specific areas, in which women personal law courts. Finally, the questions on whether face either a partial or a full employment ban: mining, married/unmarried women need permission from their construction, factory work, metalwork, work involving husbands or guardians in order to initiate proceedings the lifting of weights above a certain threshold, work in court were not retained due to lack of variation in deemed too hazardous for women, work deemed too the data. arduous for women and work considered morally or so- cially inappropriate for women. A question on the length of unpaid parental leave was added and the question Economy coverage and characteristics formerly phrased “Where parental leave exists, what The economies covered in this report are listed in table 7.1. is the minimum amount which only the mother/father must take (in calendar days)?” was disaggregated into two separate questions for paid and unpaid parental Gross national income (GNI) per capita leave. The wording of the question “What is the statu- Women, Business and the Law uses 2012 income per tory retirement age in the private sector?” has been capita as published in the World Bank’s World Development Women, Business and the Law 2014 63 Indicators 2013. Income is calculated using the Atlas method to obtain data on the female labor force participation rate, as (current U.S. dollars). For cost indicators expressed as a per- percentage of the female population age 15–64. centage of income per capita, 2012 GNI per capita in U.S. dol- lars is used as the denominator. GNI data were not available from the World Bank for the Islamic Republic of Iran, Kuwait, Protecting women from violence New Zealand, Oman, the Republic of Yemen, the Syrian Arab The pilot indicator on Protecting women from violence ex- Republic, and West Bank and Gaza. In these cases GDP or amines the existence and scope of laws covering domestic GNP per capita data and growth rates from other sources violence and sexual harassment in 100 economies. such as the International Monetary Fund’s World Economic Outlook database and the Economist Intelligence Unit were used. Assumptions It is assumed that the woman: Region and income group •• Resides in the main business city of the economy being Women, Business and the Law uses the World Bank regional examined; and income group classifications, available at http://data. worldbank.org/about/country-classifications. The World •• Has reached the legal age of majority and is capable Bank does not assign regional classifications to high-income of making decisions as an adult. If there is no legal age economies. For the purpose of the Women, Business and of majority, the woman is assumed to be 30 years old; the Law report, high-income OECD economies are assigned •• Is sane, competent, in good health, has no criminal the “regional” classification OECD high-income. Figures and record, and is a lawful citizen of the economy being tables presenting regional averages include economies from examined. all income groups (low-, lower-middle, upper-middle and high-income). The answers to the questions below are based on statutory or codified law for civil law systems, and on case law, i.e., law Female population and labor force participation rate established by judicial decision in cases as binding precedent for common law systems. Therefore, customary law is not Women, Business and the Law reports mid-year 2012 fe- taken into account, unless it has been codified or upheld male population data as published in the World Bank’s World by case law, and the answers are based solely on the letter Development Indicators 2013. That publication was also used of the law and not the implementation or practice thereof. TABLE 7.1  Coverage by region Region Number of economies Economies by region East Asia & 14 Cambodia; China; Fiji; Hong Kong SAR, China; Indonesia; Lao PDR; Malaysia; Mongolia; Papua New Guinea; Pacific Philippines; Singapore; Taiwan, China; Thailand; Vietnam Eastern 23 Albania; Armenia; Azerbaijan; Belarus; Bosnia and Herzegovina; Bulgaria; Croatia; Georgia; Kazakhstan; Kosovo; Europe & Kyrgyz Republic; Latvia; Lithuania; Macedonia, FYR; Moldova; Montenegro; Romania; Russian Federation; Serbia; Central Asia Tajikistan; Turkey; Ukraine; Uzbekistan OECD 30 Australia; Austria; Belgium; Canada; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; high-income Iceland; Ireland; Israel; Italy; Japan; Korea, Rep.; Netherlands; New Zealand; Norway; Poland; Portugal; Slovak Republic; Slovenia; Spain; Sweden; Switzerland; United Kingdom; United States Latin America 21 Argentina; Bolivia; Brazil; Chile; Colombia; Costa Rica; Dominican Republic; Ecuador; El Salvador; Guatemala; Haiti; & Caribbean Honduras; Jamaica; Mexico; Nicaragua; Panama; Paraguay; Peru; Puerto Rico (U.S.); Uruguay; Venezuela, RB Middle East & 14 Algeria; Egypt, Arab Rep.; Iran, Islamic Rep.; Jordan; Kuwait; Lebanon; Morocco; Oman; Syrian Arab Republic; North Africa Tunisia; Saudi Arabia; United Arab Emirates; West Bank and Gaza; Yemen, Rep. South Asia 5 Bangladesh; India; Nepal; Pakistan; Sri Lanka Sub-Saharan 36 Angola; Benin; Botswana; Burkina Faso; Burundi; Cameroon; Chad; Congo, Dem. Rep.; Congo, Rep.; Côte d'Ivoire; Africa Ethiopia; Gabon; Ghana; Guinea; Kenya; Lesotho; Liberia; Madagascar; Malawi; Mali; Mauritania; Mauritius; Mozambique; Namibia; Niger; Nigeria; Rwanda; Sierra Leone; Senegal; South Africa; Sudan; Tanzania; Togo; Uganda; Zambia; Zimbabwe 64 Women, Business and the Law 2014 The economies covered in the pilot indicator on Protecting •• The answer is “Yes” if the law or provision addressing women from violence are listed in table 7.2. domestic violence clearly protects women in unmarried, intimate relationships, including co-habiting partners; Domestic violence •• The answer is “No” if the law or provision address- This sub-topic covers the existence and scope of laws on ing domestic violence only covers married couples or domestic violence. Domestic violence is gender-specific vio- spouses and does not protect women in unmarried, lence commonly directed against women, occurring within intimate relationships. the family and in intimate relationships. Intimate relation- ships can include both spouses and unmarried intimate part- 4a. Does domestic violence legislation include physical ners. The violence can come in the form of physical, sexual, abuse? emotional or financial abuse. There are seven questions in •• The answer is “Yes” if the term “physical” violence or this sub-topic as follows: abuse is clearly defined or stated in the law or provision 1. Is there legislation that specifically addresses domestic as a form of domestic violence; violence? •• The answer is also “Yes” if it includes language that can clearly be interpreted as physical violence or abuse as •• The answer is “Yes” if there is a law or provision ad- a form of domestic violence, including harassment if dressing domestic violence that includes criminal sanc- stated as affecting physical health; tions or provides for orders of protection for domestic violence (i.e., if domestic violence is only prohibited’, •• The answer is “No” if the domestic violence law or provi- the answer will be considered “No”); sion does not include the term “physical” violence or abuse or other language that can clearly be interpreted •• The answer is “No” if there is no law or provision ad- as physical violence or abuse. dressing domestic violence or if the law or provision only prohibits domestic violence but does not provide 4b. Does domestic violence legislation include sexual abuse? Data Notes for sanctions or orders of protection; •• The answer is “Yes” if the term “sexual” violence or •• The answer is also “No” if the provision only protects a abuse is clearly defined or stated in the law or provision specific category of women (e.g., pregnant women) or as a form of domestic violence; defines the offence in connection to specific motives (e.g., violence against a person in connection with per- •• The answer is also “Yes” if it includes language that can forming a professional or civil duty); clearly be interpreted as sexual violence or abuse as a form of domestic violence, including the offence of rape •• Aggravated penalties for crimes committed between between spouses; spouses or within the family will not be considered as legislation specifically addressing domestic violence; •• The answer is also “Yes” where there is an aggravated however, they are considered under the specific types of penalty for crimes committed between spouses or with- domestic violence offenses to which they are applicable. in the family (e.g., where there is an increased penalty for forced sexual intercourse when committed between 2. Is there a specialized court or procedure for cases of do- spouses or within a family); mestic violence? •• The answer is “No” if the domestic violence law or pro- •• The answer is “Yes” if the law establishes a court with vision does not include the term “sexual” violence or exclusive jurisdiction on matters related to domestic abuse or other language that can clearly be interpreted violence; as sexual violence or abuse; •• The answer is “Yes” if the law establishes revised rules •• The answer is also “No” if the provision on sexual of civil procedure, or the work of specially trained judges abuse is not classified as occurring within the context for matters related to domestic violence under the aus- of domestic violence or if legislation only covers female pices of a non-specialized court; genital mutilation. •• The answer is “Yes” if the law establishes special re- straining order procedures for cases of domestic violence. 3. Does domestic violence legislation protect women in un- married, intimate relationships? Women, Business and the Law 2014 65 4c. Does domestic violence legislation include emotional of a sexual nature that might reasonably be expected or abuse? be perceived to cause offence or humiliation to another; •• The answer is also “Yes” if sexual harassment is deemed •• The answer is “Yes” if the term “psychological” or “emo- as “discrimination” and the law or provision protects tional” violence or abuse is clearly defined or stated in against discrimination; the law or provision as a form of domestic violence; •• The answer is also “Yes” if there is a law or provision •• The answer is also “Yes” if it includes language that can addressing and protecting from sexual harassment in clearly be interpreted as psychological or emotional vio- employment, including compulsion to perform a sexual lence or abuse as a form of domestic violence, including or indecent act coupled with financial or official depen- harassment, if stated as affecting mental health, and dence or authority, abuse of position or authority, or harm, if interpreted as emotional harm; language that can be clearly interpreted to mean such •• The answer is “No” if the domestic violence law or dependence or abuse; provision does not include the term “psychological” or •• The answer is “No” if there is no law or provision specifi- “emotional” violence or abuse or other language that cally addressing sexual harassment; can clearly be interpreted as psychological or emotional violence or abuse. •• The answer is also “No” if the act of sexual nature is performed by the use of “force” or “violence,” which is 4d. Does domestic violence legislation include financial understood to constitute a crime, e.g., sexual assault abuse? or abuse; •• The answer is “Yes” if the term “financial” or “economic” •• The answer is also “No” if the law or provision only al- violence or abuse is clearly defined or stated in the law lows an employee to terminate an employment contract or provision as a form of domestic violence; based on sexual harassment, but provides for no other protection; •• The answer is also “Yes” if it includes language that can clearly be interpreted as financial or economic violence •• The answer is also “No” if the law or provision only or abuse; protects a specific category of women or only protects in a specific area of employment, e.g., protection from •• The answer is “No” if the domestic violence law or provi- sexual harassment in political functions. sion does not include the term “financial” or “economic” violence or abuse or other language that can clearly be 6. Are there criminal sanctions for sexual harassment? interpreted as financial or economic violence or abuse. •• The answer is “Yes” if the legislation includes criminal Sexual harassment sanctions, including fines and imprisonment, for sexual harassment; This sub-topic covers the existence and scope of laws on sexual harassment. Sexual harassment is any unwelcome •• The answer is “No” if there are no criminal sanctions for sexual advance, request for sexual favor, verbal or physical sexual harassment; conduct or gesture of a sexual nature, or any other behavior •• The answer is also “No” if the law or provision on sexual of a sexual nature that might reasonably be expected or be harassment reverts to penalties for more serious of- perceived to cause offence or humiliation to another. Such fences in the criminal code, such as for sexual assault; harassment may be, but is not necessarily, of a form that interferes with work, is made a condition of employment, or •• The answer is also “No” if the law only “prohibits” sexual creates an intimidating, hostile or offensive work environ- harassment in employment and sets forth that the em- ment. There are eight questions in this sub-topic as follows: ployer should apply discretionary sanctions. 5. Is there legislation that specifically addresses sexual 7. Is there a governmental office responsible for addressing harassment? sexual harassment? •• The answer is “Yes” if there is a law or provision specifi- •• The answer is “Yes” if there is a governmental of- cally addressing and protecting from sexual harassment, fice or ombudsman that is responsible for addressing including unwelcome sexual advances, requests for complaints or issues of sexual harassment, which is sexual favors, verbal or physical conducts or gestures established by law or is part of the existing government of a sexual nature, annoyance, if understood to include structure; harassment with sexual content, or any other behavior 66 Women, Business and the Law 2014 •• The answer is “No” if there is no governmental office answer is also “Yes” if sexual harassment is deemed as or ombudsman that is responsible for addressing com- “discrimination” in employment and the law or provision plaints or issues of sexual harassment. protects against discrimination; •• The answer is “No” if there is no law or provision specifi- 8a. Is there legislation on sexual harassment in education? cally addressing sexual harassment in employment; •• The answer is “Yes” if the law or provision specifically •• The answer is also “No” if the act of sexual nature is per- covers sexual harassment in education, including edu- formed through the use of “force” or “violence,” which cational facilities, schools, between education profes- is understood as a crime, e.g., sexual assault or abuse; sionals and pupils, or including language that can clearly •• The answer is also “No” if the law or provision only al- be interpreted as sexual harassment in education; lows the employee to terminate their employment con- •• The answer is “No” if the law or provision does not spe- tract based on sexual harassment, but provides for no cifically cover sexual harassment in education; other protection; •• The answer is also “No” if the law or provision covers •• The answer is also “No” if the law or provision covers sexual harassment only in public or private education, only public or private sector employees, but not both; but not both. •• The answer is also “No” if the law or provision only 8b. Is there legislation on sexual harassment in employment? protects a specific category of women or only protects in a specific area of employment, e.g., protection from •• The answer is “Yes” if there is a law or provision specifi- sexual harassment in political functions. cally addressing and protecting from sexual harassment in employment, including unwelcome sexual advances, 8c. Is there legislation on sexual harassment in public places? requests for sexual favors, verbal or physical conduct or •• The answer is “Yes” if the law or provision specifically gestures of a sexual nature, annoyance if understood to covers sexual harassment in public places, including Data Notes include harassment with sexual content, or any other public spaces, in public, or in transportation; behavior of a sexual nature that might reasonably be expected or be perceived to cause offence or humilia- •• The answer is “No” if the law or provision does not cover tion in connection with employment, including compul- sexual harassment in public places, public spaces, in sion to perform a sexual or indecent act, coupled with public or in transportation. financial or official dependence or authority, abuse of position or authority, or language that can be clearly 8d. Is there legislation on sexual harassment in service interpreted to mean such dependence or abuse; the provision? Coverage by region for pilot indicator on Protecting women TABLE 7.2 from violence Region Number of economies Economies by region East Asia & 9 Cambodia; China; Fiji; Indonesia; Malaysia; Mongolia; Philippines; Singapore; Thailand Pacific Eastern 15 Albania; Armenia; Azerbaijan; Bosnia and Herzegovina; Croatia; Kazakhstan; Latvia; Lithuania; Macedonia, FYR; Europe & Romania; Russian Federation; Serbia; Turkey; Ukraine; Uzbekistan Central Asia OECD 16 Australia; Canada; Denmark; Finland; France; Germany; Italy; Japan; Korea, Rep.; Poland; Portugal; Spain; Sweden; high-income Switzerland; United Kingdom; United States Latin America 19 Argentina; Bolivia; Brazil; Chile; Colombia; Costa Rica; Ecuador; El Salvador; Guatemala; Haiti; Honduras; Jamaica; & Caribbean Mexico; Nicaragua; Panama; Paraguay; Peru; Uruguay; Venezuela, RB Middle East & 10 Algeria; Egypt, Arab Rep.; Iran, Islamic Rep.; Jordan; Lebanon; Morocco; Saudi Arabia; Syrian Arab Republic; Tunisia; North Africa Yemen, Rep. South Asia 5 Bangladesh; India; Nepal; Pakistan; Sri Lanka Sub-Saharan 26 Angola; Benin; Burkina Faso; Cameroon; Congo, Dem. Rep.; Côte d’Ivoire; Ethiopia; Ghana; Kenya; Lesotho; Africa Madagascar; Malawi; Mali; Mauritius; Mozambique; Namibia; Niger; Nigeria; Rwanda; Senegal; Sierra Leone; South Africa; Tanzania; Uganda; Zambia; Zimbabwe Women, Business and the Law 2014 67 •• The answer is “Yes” if the law or provision specifically Endnotes covers sexual harassment in the provision of services; 1 There are 66 different questions, with subdivisions totaling 103 •• The answer is “No” if the law or provision does not individual questions. specifically cover sexual harassment in the provision of 2 Case law systems are those developed by judges through deci- sions of courts, rather than through legislative statutes (Acts) or services. executive branch action (Decrees), creating binding precedent. 9. Are there criminal sanctions for sexual harassment in 3 This is a new question. employment? 4 This is a new question. 5 This is a new question. •• The answer is “Yes” if the legislation includes criminal 6 This is a new question. sanctions, including fines and imprisonment for sexual 7 This is a new question. harassment in employment; 8 This is a new question. •• The answer is “No” if there are no criminal sanctions 9 This is a new question. for sexual harassment in employment in the legislation; 10 This is a new question. •• The answer is also “No” if the law or provision on sexual 11 This is a new question. harassment reverts to penalties for more serious of- 12 This is a new question. fences in the criminal code, such as for sexual assault; 13 This is a new question. 14 This is a new question. •• The answer is also “No” if the law only “prohibits” sexual harassment in employment and sets forth that the em- 15 This is a new question. ployer should apply discretionary sanctions. 16 This is a new question. 17 This is a new question. 18 This is a new question. 68 Women, Business and the Law 2014 Albania–Angola Argentina–Australia Austria–Bangladesh Belarus–Benin New Zealand–Switzerland 69 Economy Tables Women, Business and the Law 2014 Economy Tables Albania Algeria Angola Region Europe & Central Asia Middle East & North Africa Sub-Saharan Africa Income Upper middle income Upper middle income Upper middle income Female population 1,575,747 19,024,063 10,500,253 Female labor force participation 56% 16% 64% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No Yes Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A No Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A Yes Yes Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Partial community of property property 24. Who legally administers property during marriage? Both must agree Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A N/A N/A Judicial representation 36. How many justices are on the constitutional court? 9 9 11 37. Of those, how many are women? 2 2 4 38. Is the Chief Justice a woman? No No No 70 Women, Business and the Law 2014 Albania–Angola Albania Algeria Angola Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  365 N/A N/A 98 3 N/A 90 1 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. Emp. N/A Gov. Emp. N/A What percentage of wages are paid during maternity/paternity/parental 43.  65% N/A N/A 100% 100% N/A 100% 0% N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 65 54 60 59 60 47. What is the age at which one can retire and receive partial benefits? 60 62 45 50 59 60 48. What is the mandatory retirement age? N/A N/A 54 60 N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No Yes education? New Zealand-Switzerland 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 71 Economy Tables Argentina Armenia Australia Region Latin America & Caribbean Europe & Central Asia High income: OECD Income Upper middle income Lower middle income High income Female population 20,981,543 1,438,917 11,392,816 Female labor force participation 55% 55% 70% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes No Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Separate with spousal Both must agree Original owner consent Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 11% N/A 16% Judicial representation 36. How many justices are on the constitutional court? 7 9 7 37. Of those, how many are women? 2 1 3 38. Is the Chief Justice a woman? No No No 72 Women, Business and the Law 2014 Argentina Armenia Australia Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes No Yes No No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  90 2 N/A 140 N/A 0 N/A N/A 126 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  90 0 N/A 0 N/A 1025 N/A N/A 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. N/A N/A N/A N/A Gov. What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 100% N/A 0% N/A N/A Partially leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A 0 0 Argetina–Australia the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 65 63 63 67 67 47. What is the age at which one can retire and receive partial benefits? 60 65 63 63 67 67 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork No Yes Yes d. Factory work No Yes Yes e. Jobs requiring lifting weights above a threshold No Yes Yes f. Jobs deemed hazardous No Yes Yes g. Jobs deemed arduous No Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  as men? Yes Yes Yes Workplace protections Does the law mandate equal remuneration for men and women for work 52.  of equal value? Yes Yes Yes 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes N/A from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D No Yes Yes schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No Yes N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No Yes Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? Yes No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 73 Economy Tables Austria Azerbaijan Bangladesh Region High income: OECD Europe & Central Asia South Asia Income High income Upper middle income Low income Female population 4,333,829 4,680,102 76,348,446 Female labor force participation 69% 67% 60% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes Yes Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A 14% 8. What are the legal quotas for women in local government? N/A N/A 21% Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Deferred community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Original owner Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 42% N/A 44% Judicial representation 36. How many justices are on the constitutional court? 12 9 9 37. Of those, how many are women? 5 2 1 38. Is the Chief Justice a woman? No No No 74 Women, Business and the Law 2014 Austria Azerbaijan Bangladesh Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes Yes Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 112 N/A 232 126 0 1039 112 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A 0 14 14 0 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Gov. N/A Gov. Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A Partially 100% 0% Partially 100% N/A N/A leave? paid paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W 172 60 0 0 N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 58.5 63 60 60 47. What is the age at which one can retire and receive partial benefits? 62 62 58.5 63 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A 60 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes No Yes c. Metalwork Yes No Yes d. Factory work Yes No No e. Jobs requiring lifting weights above a threshold Yes No Yes Austria-Bangladesh f. Jobs deemed hazardous Yes No No g. Jobs deemed arduous Yes No Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes No  ust employers give employees an equivalent position when they return 56. M Yes Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D Yes Yes No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  1% 0% 87% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D N/A Yes Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 75 Economy Tables Belarus Belgium Benin Region Europe & Central Asia High income: OECD Sub-Saharan Africa Income Upper middle income High income Low income Female population 5,068,540 5,675,904 5,044,239 Female labor force participation 62% 62% 69% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? No N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A 33% N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes No 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes Yes Yes No Number of inequalities in accessing institutions 0 0 0 0 0 4 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 36% 5% N/A Judicial representation 36. How many justices are on the constitutional court? 12 12 7 37. Of those, how many are women? 4 1 2 38. Is the Chief Justice a woman? No No No 76 Women, Business and the Law 2014 Belarus Belgium Benin Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 126 N/A 1039 105 10 120 98 3 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A 0 0 0 0 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Gov. Emp. & Gov. Gov. Emp. & Gov. Emp. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A Partially 76% 87% Partially 100% 100% N/A leave? paid paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W 0 0 70 0 N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 65 65 60 60 47. What is the age at which one can retire and receive partial benefits? 55 60 62 62 55 55 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes No b. Construction No Yes No c. Metalwork No Yes No d. Factory work No Yes No e. Jobs requiring lifting weights above a threshold No Yes No f. Jobs deemed hazardous No Yes No g. Jobs deemed arduous No Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D Yes Yes No schedule? Building credit Belarus-Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 1% 1323% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No N/A No or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No Yes No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No Yes men/women? Women, Business and the Law 2014 77 Economy Tables Bolivia Bosnia and Botswana Herzegovina Region Latin America & Caribbean Europe & Central Asia Sub-Saharan Africa Income Lower middle income Upper middle income Upper middle income Female population 5,255,566 1,961,528 997,379 Female labor force participation 66% 42% 75% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes No No Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A N/A N/A No N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes No Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 1 0 0 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 22% 17% Judicial representation 36. How many justices are on the constitutional court? 7 9 N/A 37. Of those, how many are women? 4 4 N/A 38. Is the Chief Justice a woman? No Yes N/A 78 Women, Business and the Law 2014 Bolivia Bosnia and Botswana Herzegovina Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  84 3 N/A 365 7 N/A 84 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. N/A Gov. Emp. & Gov. N/A Emp. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 83% 100% N/A 60% 100% N/A 50% N/A N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 57 58 65 65 65 65 47. What is the age at which one can retire and receive partial benefits? 49 55 55 60 65 65 48. What is the mandatory retirement age? N/A N/A 65 65 N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous No No Yes g. Jobs deemed arduous No No Yes h. Jobs deemed morally or socially inappropriate No Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No Bolivia–Botswana Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 79 Economy Tables Brazil Bulgaria Burkina Faso Region Latin America & Caribbean Europe & Central Asia Sub-Saharan Africa Income Upper middle income Upper middle income Low income Female population 100,932,913 3,752,355 8,283,921 Female labor force participation 65% 63% 80% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Partial community of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 131% N/A N/A Judicial representation 36. How many justices are on the constitutional court? 11 12 12 37. Of those, how many are women? 2 3 3 38. Is the Chief Justice a woman? No No No 80 Women, Business and the Law 2014 Brazil–Burkina Faso Brazil Bulgaria Burkina Faso Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 120 5 N/A 410 15 547.5 98 3 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 0 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. Gov. Gov. Gov. Emp. N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 90% 90% Partially 100% 100% N/A leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 0 0 N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 65 63 65 56 56 47. What is the age at which one can retire and receive partial benefits? 48 53 63 65 56 56 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold No Yes Yes f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No Yes No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 1769% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes No No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? Yes No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No Yes men/women? Women, Business and the Law 2014 81 Economy Tables Burundi Cambodia Cameroon Region Sub-Saharan Africa East Asia & Pacific Sub-Saharan Africa Income Low income Low income Lower middle income Female population 4,985,172 7,614,222 10,853,507 Female labor force participation 85% 82% 66% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? 30% N/A N/A 8. What are the legal quotas for women in local government? 30% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes No 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A Yes No Number of inequalities in accessing institutions 0 1 0 0 0 5 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Full community of property Partial community of Partial community of property property 24. Who legally administers property during marriage? Both must agree Both must agree Husband Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A No 26. Are there special provisions governing the marital home? No Yes No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes No Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  No Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 88% 29% 1683% Judicial representation 36. How many justices are on the constitutional court? N/A 9 6 37. Of those, how many are women? N/A 2 0 38. Is the Chief Justice a woman? N/A No No 82 Women, Business and the Law 2014 Burundi Cambodia Cameroon Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes No No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  84 4 N/A 90 N/A N/A 98 3 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 N/A N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. N/A Emp. N/A N/A Gov. Emp. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 100% N/A 50% N/A N/A 100% 100% N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Burundi-Cameroon 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 55 55 60 60 47. What is the age at which one can retire and receive partial benefits? 60 60 55 55 50 50 48. What is the mandatory retirement age? 60 60 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No e. Jobs requiring lifting weights above a threshold Yes Yes No f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes No Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  293% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No Yes No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No Yes No No men/women? Women, Business and the Law 2014 83 Economy Tables Canada Chad Chile Region High income: OECD Sub-Saharan Africa High income: OECD Income High income Low income High income Female population 17,573,875 6,215,959 8,826,682 Female labor force participation 74% 65% 53% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No Yes No No No Burundi–Cameroon 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A No N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes .. .. Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes No Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes No Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes No Yes No Number of inequalities in accessing institutions 0 0 0 3 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No  o married couples jointly share legal responsibility for financially maintaining the 22. D Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Partial community of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Husband Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A Yes 26. Are there special provisions governing the marital home? Yes No No  oes the law provide for valuation of nonmonetary contributions during marriage? 27. D Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes No Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes  o female and male surviving spouses have equal inheritance rights to property? 30. D Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No  oes a woman’s testimony carry the same evidentiary weight in court as a man’s? 33. D Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 51% N/A 308% Judicial representation 36. How many justices are on the constitutional court? 9 6 10 37. Of those, how many are women? 3 1 1 38. Is the Chief Justice a woman? Yes No No 84 Women, Business and the Law 2014 Canada Chad Chile Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes No Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  105 N/A 245 98 0 N/A 126 5 84 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  14 N/A 14 0 1 N/A 0 0 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Gov. N/A N/A Gov. Emp. Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 32% N/A Partially 50% 0% N/A 100% 100% 100% leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only 0 0 N/A N/A 42 0 the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 60 60 60 65 47. What is the age at which one can retire and receive partial benefits? 55 55 55 55 0 0 48. What is the mandatory retirement age? 0 N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes No Yes c. Metalwork Yes No Yes d. Factory work Yes No Yes e. Jobs requiring lifting weights above a threshold Yes Yes No f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes Yes Yes Canada-Chile h. Jobs deemed morally or socially inappropriate Yes No Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? Yes No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A No Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? Yes No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 85 Economy Tables China Colombia Congo, Dem. Rep. Region East Asia & Pacific Latin America & Caribbean Sub-Saharan Africa Income Upper middle income Upper middle income Low income Female population 650,847,295 24,243,208 33,067,397 Female labor force participation 75% 59% 71% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A Yes N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A 30% N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes No 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes No 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes No 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes Yes Yes No Number of inequalities in accessing institutions 0 0 0 0 0 6 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No Yes Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Deferred community of Partial community of property property property 24. Who legally administers property during marriage? Both must agree Original owner Husband Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A Yes 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes No Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 71% N/A Judicial representation 36. How many justices are on the constitutional court? N/A 9 8 37. Of those, how many are women? N/A 1 0 38. Is the Chief Justice a woman? N/A No No 86 Women, Business and the Law 2014 China Colombia Congo, Dem. Rep. Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  98 3 N/A 98 10 N/A 98 2 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. N/A Gov. Gov. N/A Emp. Emp. N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 100% 100% N/A 67% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 50 60 57 62 60 65 47. What is the age at which one can retire and receive partial benefits? 50 60 57 62 60 65 48. What is the mandatory retirement age? N/A N/A N/A N/A 60 65 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold No No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous No No No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No China-Congo, Dem. Rep. schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  N/A 103% N/A public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes Yes N/A or public credit registries? 61. D  o utility companies provide information to private credit bureaus or public No Yes N/A credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No Yes N/A registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 87 Economy Tables Congo, Rep. Costa Rica Côte d'Ivoire Region Sub-Saharan Africa Latin America & Caribbean Sub-Saharan Africa Income Lower middle income Upper middle income Lower middle income Female population 2,169,153 2,364,999 9,719,412 Female labor force participation 70% 51% 53% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes No N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes No Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A N/A N/A Number of inequalities in accessing institutions 0 3 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Deferred community of Partial community of property property property 24. Who legally administers property during marriage? Husband Original owner Husband Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions Yes N/A Yes 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes No Yes Yes Yes No Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 47% N/A Judicial representation 36. How many justices are on the constitutional court? 9 7 7 37. Of those, how many are women? 1 1 2 38. Is the Chief Justice a woman? No Yes No 88 Women, Business and the Law 2014 Congo, Rep. Costa Rica Côte d'Ivoire Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  105 N/A N/A 120 N/A N/A 98 2 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 N/A N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. N/A N/A Emp. & Gov. N/A N/A Gov. Emp. N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 65 65 55 55 47. What is the age at which one can retire and receive partial benefits? 60 60 60 62 50 50 48. What is the mandatory retirement age? 65 65 N/A N/A 55 55 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction No Yes Yes c. Metalwork Yes Yes Yes d. Factory work No Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes No No h. Jobs deemed morally or socially inappropriate Yes No Yes Can non-pregnant and non-nursing women work the same night hours 51.  No No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? No Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 1846% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No No No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No Congo, Rep.–C ôte d’lvoire Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No Yes No No No No men/women? Women, Business and the Law 2014 89 Economy Tables Croatia Czech Republic Denmark Region Europe & Central Asia High income: OECD High income: OECD Income High income High income High income Female population 2,208,496 5,341,731 2,816,544 Female labor force participation 59% 62% 76% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A N/A 3. Does the constitution guarantee equality before the law? Yes No No Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Deferred community of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 13% N/A 15% Judicial representation 36. How many justices are on the constitutional court? 13 15 16 37. Of those, how many are women? 5 5 4 38. Is the Chief Justice a woman? Yes No No 90 Women, Business and the Law 2014 Croatia–Denmark Croatia Czech Republic Denmark Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes No Yes Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  208 N/A 180 196 N/A 1095 126 14 224 paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A 730 0 N/A 0 0 0 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Gov. N/A Gov. Gov. Gov. Gov. What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A Partially 70% N/A Partially 50% 50% Partially leave? paid paid paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W 90 90 0 0 0 0 the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 64.5 65 66 66 67 67 47. What is the age at which one can retire and receive partial benefits? 59.5 60 61 61 67 67 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? Yes Yes No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D Yes Yes No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No No Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 91 Economy Tables Dominican Republic Ecuador Egypt, Arab Rep. Region Latin America & Caribbean Latin America & Caribbean Middle East & North Africa Income Upper middle income Upper middle income Lower middle income Female population 5,134,311 7,744,933 40,187,819 Female labor force participation 55% 57% 26% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes No 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes No No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A Yes N/A N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes No No 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 1 2 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No Yes Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Both must agree Other Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes No Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 2% N/A 62% Judicial representation 36. How many justices are on the constitutional court? 13 9 11 37. Of those, how many are women? 3 4 0 38. Is the Chief Justice a woman? No No No 92 Women, Business and the Law 2014 Albania–Angola Dominican Republic Ecuador Egypt, Arab Rep. Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  84 2 N/A 84 12 N/A 90 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 N/A 730 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. N/A Emp. & Gov. Emp. N/A Emp. & Gov. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 100% N/A 100% 100% N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A Dominican Republic - the mother/father must take (in calendar days)? Egypt, Arab, Rep. 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 60 60 60 60 47. What is the age at which one can retire and receive partial benefits? 55 55 60 60 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A 60 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No e. Jobs requiring lifting weights above a threshold Yes No No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes No Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 93 Economy Tables El Salvador Estonia Ethiopia Region Latin America & Caribbean High income: OECD Sub-Saharan Africa Income Lower middle income High income Low income Female population 3,310,287 718,214 45,842,030 Female labor force participation 51% 72% 81% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes Yes Domican Replublic– 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes Yes Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Deferred community of Partial community of Partial community of property property property 24. Who legally administers property during marriage? Original owner Both must agree Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 694% 18% 83% Judicial representation 36. How many justices are on the constitutional court? 5 9 N/A 37. Of those, how many are women? 0 1 N/A 38. Is the Chief Justice a woman? No No N/A 94 Women, Business and the Law 2014 El Salvador Estonia Ethiopia Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes Yes Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 84 N/A N/A 140 10 455 90 N/A N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A N/A 0 0 432 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. Gov. Gov. Emp. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A N/A 100% 100% Partially 100% N/A N/A leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A 70 0 N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 63 63 60 60 47. What is the age at which one can retire and receive partial benefits? 55 60 60 60 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes El Salvador-Ethiopia f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No Yes No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes N/A No or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D Yes No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 95 Economy Tables Fiji Finland France Region East Asia & Pacific High income: OECD High income: OECD Income Upper middle income High income High income Female population 428,801 2,755,168 33,903,771 Female labor force participation 41% 73% 66% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A 20% 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes No Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes El Salvador–Ethiopia  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 1 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Deferred community of Partial community of property property 24. Who legally administers property during marriage? Original owner Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 66% N/A 13% Judicial representation 36. How many justices are on the constitutional court? N/A N/A 12 37. Of those, how many are women? N/A N/A 3 38. Is the Chief Justice a woman? N/A N/A No 96 Women, Business and the Law 2014 Fiji Finland France Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes Yes Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  84 N/A N/A 147 24 215 112 11 0 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 0 0 0 1025 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. Gov. Gov. Gov. Gov. N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 51% 51% Partially 100% 100% 0% leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 0 0 N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 55 63 63 67 67 47. What is the age at which one can retire and receive partial benefits? 55 55 63 63 62 62 48. What is the mandatory retirement age? N/A N/A N/A N/A 70 70 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes No f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No No Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% Fuji-France public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes N/A N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public Yes No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No Yes Yes 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? No Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 97 Economy Tables Gabon Georgia Germany Region Sub-Saharan Africa Europe & Central Asia High income: OECD Income Upper middle income Lower middle income High income Female population 812,430 2,385,146 41,721,971 Female labor force participation 57% 60% 71% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes No Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes No Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A N/A N/A Number of inequalities in accessing institutions 0 4 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? Yes No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Other Partial community of Deferred community of property property Other Both must agree Separate with spousal 24. Who legally administers property during marriage? consent Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes No Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 38% 2% Judicial representation 36. How many justices are on the constitutional court? 9 9 16 37. Of those, how many are women? 4 3 5 38. Is the Chief Justice a woman? Yes No No 98 Women, Business and the Law 2014 Gabon Georgia Germany Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  98 N/A N/A 126 N/A N/A 98 N/A 360 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 351 N/A N/A 0 N/A 1080 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. N/A N/A Emp. & Gov. N/A Gov. What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% N/A Partially leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A 60 60 the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 60 65 67 67 47. What is the age at which one can retire and receive partial benefits? 60 60 60 65 63 63 48. What is the mandatory retirement age? 60 60 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction No Yes Yes c. Metalwork No Yes Yes d. Factory work No Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No Yes  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No Yes N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No Gabon–Germany men/women? Women, Business and the Law 2014 99 Economy Tables Ghana Greece Guatemala Region Sub-Saharan Africa High income: OECD Latin America & Caribbean Income Lower middle income High income Lower middle income Female population 12,804,293 5,715,117 7,729,269 Female labor force participation 69% 58% 51% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Deferred community of Partial community of property property 24. Who legally administers property during marriage? Original owner Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? Yes No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 8% 42% Judicial representation 36. How many justices are on the constitutional court? 14 N/A 5 37. Of those, how many are women? 5 N/A 1 38. Is the Chief Justice a woman? Yes N/A No 100 Women, Business and the Law 2014 Ghana-Guatemala Ghana Greece Guatemala Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 84 N/A N/A 119 2 0 84 2 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A N/A 0 0 240 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. Emp. N/A Emp. & Gov. Emp. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A N/A 100% 100% 0% 100% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A 120 120 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 65 65 62 62 47. What is the age at which one can retire and receive partial benefits? 55 55 60 60 62 62 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes N/A No or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 101 Economy Tables Guinea Haiti Honduras Region Sub-Saharan Africa Latin America & Caribbean Latin America & Caribbean Income Low income Low income Lower middle income Female population 5,717,115 5,146,946 3,966,425 Female labor force participation 67% 62% 44% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes No Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? .. .. Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes Can a woman get a job or pursue a trade or profession in the same way as a man? 13.  Yes No Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes No Yes Yes Can a woman confer citizenship on her children in the same way as a man? 18.  Yes No Yes Yes Yes Yes Can a woman be “head of household” or “head of family” in the same way as a man? 19.  Yes No N/A N/A Yes No Number of inequalities in accessing institutions 0 4 0 2 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No No No 21. Are married women required by law to obey their husbands? No No No  o married couples jointly share legal responsibility for financially maintaining the 22. D Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Partial community of Deferred community of property property 24. Who legally administers property during marriage? Original owner Other Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No  oes the law provide for valuation of nonmonetary contributions during marriage? 27. D No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes No Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes  o female and male surviving spouses have equal inheritance rights to property? 30. D No Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No  oes a woman’s testimony carry the same evidentiary weight in court as a man’s? 33. D Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 84% 126% Judicial representation 36. How many justices are on the constitutional court? N/A N/A 5 37. Of those, how many are women? N/A N/A 1 38. Is the Chief Justice a woman? N/A N/A No 102 Women, Business and the Law 2014 Albania–Angola Guinea Haiti Honduras Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  98 N/A N/A 42 N/A N/A 84 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  270 N/A N/A 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. N/A N/A Emp. N/A N/A Emp. & Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Guinea–Honduras 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 55 55 55 60 65 47. What is the age at which one can retire and receive partial benefits? 55 55 55 55 60 65 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No Can non-pregnant and non-nursing women engage in the following 50.  occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous No Yes No g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes Must employers give employees an equivalent position when they return 56.  Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes Do employees with minor children have rights to a flexible/part time 58.  No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  162% 252% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No No Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No Yes education? 65. Does the law mandate free and compulsory primary education? No Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men  there specific tax deductions or credits that are applicable only to 66. Are No Yes No No No No men/women? Women, Business and the Law 2014 103 Economy Tables Hong Kong SAR, Hungary Iceland China Region East Asia & Pacific Europe & Central Asia High income: OECD Income High income Upper middle income High income Female population 3,809,469 5,219,086 159,031 Female labor force participation 59% 57% 82% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A 40% 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Partial community of Deferred community of property property 24. Who legally administers property during marriage? Original owner Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 18% 38% N/A Judicial representation 36. How many justices are on the constitutional court? 4 15 12 37. Of those, how many are women? 0 1 2 38. Is the Chief Justice a woman? No No No 104 Women, Business and the Law 2014 Albania–Angola Hong Kong SAR, Hungary Iceland China Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes Yes Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  70 N/A N/A 168 5 1067 90 90 90 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 0 0 0 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. Emp. Gov. Gov. Gov. Gov. What percentage of wages are paid during maternity/paternity/parental 43.  80% N/A N/A 70% 100% Partially 80% 80% Partially leave? paid paid Mother Father Mother Father Mother Father Argentina–Australia 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A 0 0 0 0 the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 65 65 67 67 47. What is the age at which one can retire and receive partial benefits? 60 60 65 65 67 67 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes Hong Kong SAR, China–Iceland b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes No  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Belarus–Benin Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 1% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A N/A or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? New Zealand–Switzerland 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 105 Economy Tables India Indonesia Iran, Islamic Rep. Region South Asia East Asia & Pacific Middle East & North Africa Income Lower middle income Lower middle income Upper middle income Female population 597,121,072 122,658,460 37,928,548 Female labor force participation 30% 53% 17% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes No N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes Yes Yes Yes No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No No Yes No N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes No  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes No Yes No Number of inequalities in accessing institutions 0 0 0 1 1 6 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No Yes Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes No No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Partial community of Separation of property property 24. Who legally administers property during marriage? Original owner Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? Yes Yes Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 3% N/A N/A Judicial representation 36. How many justices are on the constitutional court? 28 9 12 37. Of those, how many are women? 2 1 0 38. Is the Chief Justice a woman? No No No 106 Women, Business and the Law 2014 Albania–Angola India Indonesia Iran, Islamic Rep. Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  84 N/A N/A 90 2 N/A 90 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. Emp. N/A Gov. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A N/A 100% 100% N/A 67% N/A N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 58 58 55 55 55 60 47. What is the age at which one can retire and receive partial benefits? 50 50 55 55 45 55 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork No Yes Yes d. Factory work No Yes Yes e. Jobs requiring lifting weights above a threshold No Yes No Austria–Bangladesh f. Jobs deemed hazardous No Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes No  ust employers give employees an equivalent position when they return 56. M No No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? India–Iran, Islamic Rep. Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No Yes No No men/women? Women, Business and the Law 2014 107 Economy Tables Ireland Israel Italy Region High income: OECD High income: OECD High income: OECD Income High income High income High income Female population 2,312,070 3,996,428 31,339,707 Female labor force participation 62% 61% 51% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A N/A 3. Does the constitution guarantee equality before the law? Yes No Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A No N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A 33% 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Deferred community of Partial community of property property 24. Who legally administers property during marriage? Original owner Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 7% 30% 19% Judicial representation 36. How many justices are on the constitutional court? 5 15 15 37. Of those, how many are women? 1 4 1 38. Is the Chief Justice a woman? Yes No No 108 Women, Business and the Law 2014 Albania–Angola Ireland Israel Italy Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes No Yes Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  182 N/A 0 98 N/A 0 150 1 300 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  112 N/A 98 0 N/A 280 0 0 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. N/A N/A Gov. Gov. Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 41% N/A 0% 100% N/A 0% 80% 100% Partially leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A 0 0 the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which 0 0 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 68 68 64 67 66 66 47. What is the age at which one can retire and receive partial benefits? 68 68 64 67 66 66 48. What is the mandatory retirement age? N/A N/A 67 67 N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  1% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No Yes 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No Yes No No No men/women? Ireland–Italy Women, Business and the Law 2014 109 Economy Tables Jamaica Japan Jordan Region Latin America & Caribbean High income: OECD Middle East & North Africa Income Upper middle income High income Upper middle income Female population 1,377,028 65,473,758 3,092,366 Female labor force participation 61% 63% 17% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes No 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A 10% 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes No No 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes No  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes Yes Yes No Number of inequalities in accessing institutions 0 0 0 0 2 6 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Other Separation of property 24. Who legally administers property during marriage? Original owner Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 11% 16% N/A Judicial representation 36. How many justices are on the constitutional court? 30 15 9 37. Of those, how many are women? 14 3 0 38. Is the Chief Justice a woman? Yes No No 110 Women, Business and the Law 2014 jamaica-Jordan Jamaica Japan Jordan Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No Yes Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 56 N/A N/A 98 N/A 209 70 N/A N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 28 N/A N/A 0 N/A 0 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. N/A Gov. Gov. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A N/A 66% N/A Partially 100% N/A N/A leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 0 0 N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 65 65 65 55 60 47. What is the age at which one can retire and receive partial benefits? 60 65 60 60 50 50 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work No Yes No e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  N/A 0% 608% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D N/A N/A Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D N/A No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D N/A Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 111 Economy Tables Kazakhstan Kenya Korea, Rep. Region Europe & Central Asia Sub-Saharan Africa High income: OECD Income Upper middle income Low income High income Female population 8,704,910 21,633,197 25,136,292 Female labor force participation 74% 62% 54% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A Yes No N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A 33% N/A 8. What are the legal quotas for women in local government? N/A 33% N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Other property 24. Who legally administers property during marriage? Both must agree Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 70% 80% Judicial representation 36. How many justices are on the constitutional court? 7 7 9 37. Of those, how many are women? 1 2 1 38. Is the Chief Justice a woman? No No No 112 Women, Business and the Law 2014 Albania–Angola Kazakhstan Kenya Korea, Rep. Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  126 N/A 0 90 14 N/A 90 0 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A 1039 0 0 N/A 0 3 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. Emp. N/A Emp. & Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A 0% 100% 100% N/A 100% 0% N/A leave? Mother Father Mother Father Mother Father Kazakhstan-Korea, Rep.  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 58 63 55 55 60 60 47. What is the age at which one can retire and receive partial benefits? 58 63 55 55 55 55 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes No b. Construction No Yes Yes c. Metalwork No Yes Yes d. Factory work No Yes Yes e. Jobs requiring lifting weights above a threshold No Yes Yes Austria–Bangladesh f. Jobs deemed hazardous No Yes No g. Jobs deemed arduous No Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No Yes 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes  o employees with minor children have rights to a flexible/part time 58. D Yes No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No Yes 64. Is there public provision of childcare for children under the age of primary Yes No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 113 Economy Tables Kosovo Kuwait Kyrgyz Republic Region Europe & Central Asia Middle East & North Africa Europe & Central Asia Income Lower middle income High income Low income Female population .. 1,307,148 2,828,947 Female labor force participation .. 45% 59% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A Yes N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? 40% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes No Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes No Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes No Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes No Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes No No Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 1 5 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes No Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes No Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Partial community of property property 24. Who legally administers property during marriage? Both must agree Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes No Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 19% 38% N/A Judicial representation 36. How many justices are on the constitutional court? 9 5 9 37. Of those, how many are women? 2 0 5 38. Is the Chief Justice a woman? No No No 114 Women, Business and the Law 2014 Albania–Angola Kosovo Kuwait Kyrgyz Republic Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes Yes Yes No No Yes Yes Yes  hat is the mandatory minimum length of paid leave for maternity/ 40. W 270 2 3 70 N/A N/A 126 0 0 paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 90 14 0 0 N/A N/A 0 5 1039 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. Emp. Emp. N/A N/A Emp. & Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  63% 100% 100% 100% N/A N/A 22% 0% 0% leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W 0 0 N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 N/A N/A 58 63 47. What is the age at which one can retire and receive partial benefits? 65 65 N/A N/A 58 63 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes No No c. Metalwork Yes No No d. Factory work Yes No No Kosovo–Kyrgyz Republic e. Jobs requiring lifting weights above a threshold Yes Yes No f. Jobs deemed hazardous Yes No No g. Jobs deemed arduous Yes No No h. Jobs deemed morally or socially inappropriate Yes No Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No Yes 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes N/A Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 115 Economy Tables Lao PDR Latvia Lebanon Region East Asia & Pacific Europe & Central Asia Middle East & North Africa Income Lower middle income High income Upper middle income Female population 3,339,660 1,099,895 2,173,880 Female labor force participation 80% 72% 25% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A No N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 1 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Other Other Separation of property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 23% 7% Judicial representation 36. How many justices are on the constitutional court? N/A 7 10 37. Of those, how many are women? N/A 4 0 38. Is the Chief Justice a woman? N/A No No 116 Women, Business and the Law 2014 Albania–Angola Lao PDR Latvia Lebanon Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes Yes Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 90 N/A N/A 112 10 547.5 49 N/A N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A N/A 0 0 0 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. Gov. Gov. Emp. N/A N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A N/A 68% 68% Partially 100% N/A N/A leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A 0 0 N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 65 65 64 64 47. What is the age at which one can retire and receive partial benefits? 55 60 65 65 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A 64 64 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes No b. Construction Yes Yes Yes c. Metalwork Yes Yes No d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No No 54. Is it illegal for an employer to ask about family status during a job interview? No Yes No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Lao PDR–Lebanon What is the minimum loan amount covered in the private credit bureau or 59.  507% 0% 49% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes No Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No Yes men/women? Women, Business and the Law 2014 117 Economy Tables Lesotho Liberia Lithuania Region Sub-Saharan Africa Sub-Saharan Africa Europe & Central Asia Income Lower middle income Low income High income Female population 1,040,775 2,081,150 1,610,338 Female labor force participation 60% 59% 69% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No Yes No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No N/A Yes N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? 33% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Partial community of property property 24. Who legally administers property during marriage? Both must agree Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? No Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? Yes Yes No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 103% N/A 3% Judicial representation 36. How many justices are on the constitutional court? N/A 5 9 37. Of those, how many are women? N/A 2 2 38. Is the Chief Justice a woman? N/A No No 118 Women, Business and the Law 2014 Albania–Angola Lesotho Liberia Lithuania Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes Yes Yes What is the mandatory minimum length of paid leave for maternity/ 40.  84 N/A N/A 90 N/A N/A 126 30 239 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 N/A N/A 0 0 730 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. N/A N/A Gov. Gov. Gov. What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% 100% 100% leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A 0 0 the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 70 70 60 60 65 65 47. What is the age at which one can retire and receive partial benefits? 70 70 60 60 65 65 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  N/A 0% 0% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D N/A No Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D N/A No Yes credit registries?  o retailers provide information to private credit bureaus or public credit 62. D N/A No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Lesotho–Lithuania Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 119 Economy Tables Macedonia, FYR Madagascar Malawi Region Europe & Central Asia Sub-Saharan Africa Sub-Saharan Africa Income Upper middle income Low income Low income Female population 1,050,542 11,185,606 7,938,551 Female labor force participation 51% 85% 85% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes No Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes No N/A N/A Number of inequalities in accessing institutions 0 0 0 2 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes No No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 84% N/A 9% Judicial representation 36. How many justices are on the constitutional court? 9 9 N/A 37. Of those, how many are women? 3 3 N/A 38. Is the Chief Justice a woman? No No N/A 120 Women, Business and the Law 2014 Macedonia, FYR-Malawi Macedonia, FYR Madagascar Malawi Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  270 N/A N/A 98 N/A N/A 56 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Emp. & Gov. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 62 64 55 60 50 50 47. What is the age at which one can retire and receive partial benefits? 62 64 55 60 50 50 48. What is the mandatory retirement age? 64 64 N/A N/A 70 70 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No Yes b. Construction No No Yes c. Metalwork No No Yes d. Factory work No No Yes e. Jobs requiring lifting weights above a threshold Yes No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% N/A public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes Yes N/A or public credit registries? 61. D  o utility companies provide information to private credit bureaus or public Yes No N/A credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No N/A registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 121 Economy Tables Malaysia Mali Mauritania Region East Asia & Pacific Sub-Saharan Africa Sub-Saharan Africa Income Upper middle income Low income Lower middle income Female population 15,055,845 7,369,773 1,884,706 Female labor force participation 46% 38% 29% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes Yes No No No Yes Malaysia–Mauritania 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No No N/A N/A N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes .. .. Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes No Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes No Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C No No Yes No No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes No Yes No Number of inequalities in accessing institutions 1 3 0 3 1 3 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No No No 21. Are married women required by law to obey their husbands? Yes Yes No Do married couples jointly share legal responsibility for financially maintaining the 22.  No No No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Separation of property Separation of property 24. Who legally administers property during marriage? Original owner Original owner Other Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes No Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? No No No Do female and male surviving spouses have equal inheritance rights to property? 30.  No Yes No Going to court Equality of access 31. Does the law recognize customary courts? Yes No No 32. Does the law recognize personal law courts? Yes No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  No Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 17% N/A N/A Judicial representation 36. How many justices are on the constitutional court? 9 9 6 37. Of those, how many are women? 2 3 0 38. Is the Chief Justice a woman? No No No 122 Women, Business and the Law 2014 Albania–Angola Malaysia Mali Mauritania Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  60 N/A N/A 98 3 N/A 98 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. Gov. N/A Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% 100% N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A N/A N/A Malaysia-Mauritania the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 58 58 55 60 47. What is the age at which one can retire and receive partial benefits? 55 55 53 53 55 60 48. What is the mandatory retirement age? N/A N/A N/A N/A 55 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No No b. Construction Yes No No c. Metalwork Yes No Yes d. Factory work Yes No No e. Jobs requiring lifting weights above a threshold Yes No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No No g. Jobs deemed arduous Yes No No h. Jobs deemed morally or socially inappropriate Yes No No Can non-pregnant and non-nursing women work the same night hours 51.  No No No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 1660% 164% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes No No or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D Yes No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D Yes No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? Yes No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No Yes No Yes No Yes men/women? Women, Business and the Law 2014 123 Economy Tables Mauritius Mexico Moldova Region Sub-Saharan Africa Latin America & Caribbean Europe & Central Asia Income Upper middle income Upper middle income Lower middle income Female population 653,620 62,313,207 1,872,099 Female labor force participation 49% 47% 45% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes Yes Yes No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No No Yes N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes No N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 1 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Other Partial community of property property 24. Who legally administers property during marriage? Both must agree Other Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 10% 422% N/A Judicial representation 36. How many justices are on the constitutional court? 20 11 6 37. Of those, how many are women? 7 2 0 38. Is the Chief Justice a woman? No No No 124 Women, Business and the Law 2014 Albania–Angola Mauritius Mexico Moldova Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes No Yes No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  84 5 N/A 84 5 N/A 126 N/A 1095 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 N/A 0 N/A 1095 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. Emp. N/A Gov. Emp. N/A Gov. N/A Gov. What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 100% 100% N/A 100% N/A Partially leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A 0 0 the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 65 65 57 62 47. What is the age at which one can retire and receive partial benefits? 60 60 65 65 57 62 48. What is the mandatory retirement age? 65 65 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No e. Jobs requiring lifting weights above a threshold Yes Yes No Mauritius–Moldova f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 125 Economy Tables Mongolia Montenegro Morocco Region East Asia & Pacific Europe & Central Asia Middle East & North Africa Income Lower middle income Upper middle income Lower middle income Female population 1,410,397 314,231 16,498,066 Female labor force participation 57% .. 27% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes No N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? 40% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A Yes No Number of inequalities in accessing institutions 0 0 0 0 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Other Partial community of Separation of property property 24. Who legally administers property during marriage? Other Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 10% 4% Judicial representation 36. How many justices are on the constitutional court? 9 7 12 37. Of those, how many are women? 2 2 1 38. Is the Chief Justice a woman? No No No 126 Women, Business and the Law 2014 Albania–Angola Mongolia Montenegro Morocco Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 120 N/A N/A 45 N/A 365 98 3 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A N/A 0 N/A 730 90 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Gov. N/A Gov. Gov. Gov. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 70% N/A N/A 100% N/A 100% 67% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 45 0 N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 60 65 60 60 47. What is the age at which one can retire and receive partial benefits? 55 60 60 62 60 60 48. What is the mandatory retirement age? N/A N/A 67 67 60 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No No b. Construction No Yes Yes c. Metalwork No No Yes d. Factory work Yes No Yes e. Jobs requiring lifting weights above a threshold No Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No No g. Jobs deemed arduous Yes No No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? Yes Yes No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Mongolia-Morocco What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 127 Economy Tables Mozambique Namibia Nepal Region Sub-Saharan Africa Sub-Saharan Africa South Asia Income Low income Upper middle income Low income Female population 12,894,418 1,163,181 14,144,155 Female labor force participation 87% 61% 83% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No Yes No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A Yes N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A 33% 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 1 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Full community of property Separation of property property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A N/A N/A Judicial representation 36. How many justices are on the constitutional court? 7 N/A 11 37. Of those, how many are women? 1 N/A 1 38. Is the Chief Justice a woman? No N/A No 128 Women, Business and the Law 2014 Albania–Angola Mozambique Namibia Nepal Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  60 1 N/A 84 N/A N/A 52 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 60 60 N/A N/A 47. What is the age at which one can retire and receive partial benefits? 55 60 60 60 N/A N/A 48. What is the mandatory retirement age? 55 60 N/A N/A 55 55 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous No Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes No  ust employers give employees an equivalent position when they return 56. M No No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 2232% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No Personal income tax Women Men Women Men Women Men Mozambique–Nepal Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 129 Economy Tables Netherlands New Zealand Nicaragua Region High income: OECD High income: OECD Latin America & Caribbean Income High income High income Lower middle income Female population 8,458,836 2,255,727 3,028,34 1 Female labor force participation 73% 72% 49% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes No Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A Yes No Number of inequalities in accessing institutions 0 0 0 0 0 2 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Full community of property Partial community of Other property 24. Who legally administers property during marriage? Both must agree Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 69% 32% N/A Judicial representation 36. How many justices are on the constitutional court? N/A 5 5 37. Of those, how many are women? N/A 2 1 38. Is the Chief Justice a woman? N/A Yes No 130 Women, Business and the Law 2014 Netherlands–Nicaragua Netherlands New Zealand Nicaragua Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes Yes Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 112 2 N/A 98 0 0 84 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 364 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. N/A N/A Emp. & Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% N/A 100% 0% 0% 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 67 67 65 65 60 60 47. What is the age at which one can retire and receive partial benefits? 67 67 65 65 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  1% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No Yes Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes Yes Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 131 Economy Tables Niger Nigeria Norway Region Sub-Saharan Africa Sub-Saharan Africa High income: OECD Income Low income Lower middle income High income Female population 8,515,165 82,935,471 2,507,004 Female labor force participation 40% 48% 76% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes No Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No Yes Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A Yes Yes N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A 40% 7. What are the legal quotas for women in parliament? 10% N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? .. .. Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes No Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes No Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A N/A N/A Number of inequalities in accessing institutions 0 4 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No No Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Other Separation of property Deferred community of property 24. Who legally administers property during marriage? Other Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions .. N/A N/A 26. Are there special provisions governing the marital home? .. No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  .. No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? .. .. Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? .. Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  .. Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A N/A 22% Judicial representation 36. How many justices are on the constitutional court? 7 16 20 37. Of those, how many are women? 1 3 7 38. Is the Chief Justice a woman? Yes Yes No 132 Women, Business and the Law 2014 Albania–Angola Niger Nigeria Norway Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes No No No No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  98 1 N/A 84 N/A N/A N/A N/A 343 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 N/A N/A N/A N/A 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. Emp. N/A Emp. N/A N/A N/A N/A Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 0% N/A 50% N/A N/A N/A N/A 100% leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A 98 98 the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A Niger–Norway only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 50 50 67 67 47. What is the age at which one can retire and receive partial benefits? 60 60 50 50 62 62 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous No Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No Yes 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No N/A from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  2864% 0% 0% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D No Yes N/A or public credit registries? 61. D  o utility companies provide information to private credit bureaus or public No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No Yes 64. Is there public provision of childcare for children under the age of primary Yes No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No Yes No No No No men/women? Women, Business and the Law 2014 133 Economy Tables Oman Pakistan Panama Region Middle East & North Africa South Asia Latin America & Caribbean Income High income Lower middle income Upper middle income Female population 1,257,318 87,140,798 1,881,976 Female labor force participation 30% 23% 54% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes No Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No Yes Yes Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A Yes Yes No N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A 17.5% N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes No Yes No Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? No No Yes No Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes No Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes No Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes No Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C No No Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A N/A N/A Number of inequalities in accessing institutions 2 7 0 3 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No No Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  No No Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Separation of property Deferred community of property 24. Who legally administers property during marriage? Original owner Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? No No Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  No No Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? Yes Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  No No Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 167% 94% 12% Judicial representation 36. How many justices are on the constitutional court? N/A 16 9 37. Of those, how many are women? N/A 0 0 38. Is the Chief Justice a woman? N/A No No 134 Women, Business and the Law 2014 Albania–Angola Oman Pakistan Panama Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  42 N/A N/A 84 N/A N/A 98 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. N/A N/A Emp. & Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  75% N/A N/A 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 55 60 57 62 47. What is the age at which one can retire and receive partial benefits? 45 45 50 55 55 60 48. What is the mandatory retirement age? 60 60 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes No Yes e. Jobs requiring lifting weights above a threshold Yes No Yes f. Jobs deemed hazardous No No No g. Jobs deemed arduous No Yes Yes Oman-Panama h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No No Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A Yes Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No Yes credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No Yes education? 65. Does the law mandate free and compulsory primary education? No Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 135 Economy Tables Papua New Guinea Paraguay Peru Region East Asia & Pacific Latin America & Caribbean Latin America & Caribbean Income Lower middle income Lower middle income Upper middle income Female population 3,510,923 3,315,398 14,959,737 Female labor force participation 72% 61% 71% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A No Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A N/A N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Partial community of Partial community of property property 24. Who legally administers property during marriage? Original owner Both must agree Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? Yes No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 129% 2272% Judicial representation 36. How many justices are on the constitutional court? 25 3 7 37. Of those, how many are women? 3 1 0 38. Is the Chief Justice a woman? No No No 136 Women, Business and the Law 2014 Albania–Angola Papua New Guinea Paraguay Peru Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  0 N/A N/A 63 2 N/A 90 4 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  42 N/A N/A 21 0 N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? N/A N/A N/A Gov. Emp. N/A Gov. Emp. N/A What percentage of wages are paid during maternity/paternity/parental 43.  0% N/A N/A 50% 100% N/A 100% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 55 60 60 65 65 47. What is the age at which one can retire and receive partial benefits? 55 55 55 55 65 65 48. What is the mandatory retirement age? N/A N/A N/A N/A 70 70 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous No Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Papua New Guinea-Peru Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No Yes Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes Yes Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? No Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 137 Economy Tables Philippines Poland Portugal Region East Asia & Pacific High income: OECD High income: OECD Income Lower middle income High income High income Female population 48,253,375 19,933,894 5,428,403 Female labor force participation 51% 59% 70% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A No No 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A N/A N/A Number of inequalities in accessing institutions 0 1 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Full community of property Partial community of Partial community of property property 24. Who legally administers property during marriage? Other Both must agree Both must agree Papua New Guinea–Peru Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes No Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? Yes No No 32. Does the law recognize personal law courts? Yes No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 97% 26% 32% Judicial representation 36. How many justices are on the constitutional court? 15 15 13 37. Of those, how many are women? 3 4 6 38. Is the Chief Justice a woman? Yes No No 138 Women, Business and the Law 2014 Albania–Angola Philippines Poland Portugal Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes Yes No No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  60 7 N/A 182 14 0 N/A N/A 120 paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 0 N/A 0 0 1278 N/A N/A 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. Gov. N/A N/A N/A Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 100% N/A 100% 100% 0% N/A N/A 100% leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only N/A N/A N/A N/A 42 14 the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 67 67 65 65 47. What is the age at which one can retire and receive partial benefits? 60 60 62 65 65 65 48. What is the mandatory retirement age? 65 65 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes No Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No Yes 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes N/A from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes N/A N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No Yes 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Philippines–Portugal Are there specific tax deductions or credits that are applicable only to 66.  No Yes No No No No men/women? Women, Business and the Law 2014 139 Economy Tables Puerto Rico (U.S.) Romania Russian Federation Region Latin America & Caribbean Europe & Central Asia Europe & Central Asia Income High income Upper middle income High income Female population 1,904,022 10,936,646 77,287,344 Female labor force participation 43% 57% 69% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes No N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A No N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? N/A N/A Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a ma n? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes Yes Yes N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Partial community of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 85% 39% 14% Judicial representation 36. How many justices are on the constitutional court? 9 9 19 37. Of those, how many are women? 3 2 3 38. Is the Chief Justice a woman? No No No 140 Women, Business and the Law 2014 Russian Federation Puerto Rico (U.S.)- Puerto Rico (U.S.) Romania Russian Federation Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes Yes Yes No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  56 N/A 0 126 15 302 140 N/A 955 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A 84 0 0 0 0 N/A 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Gov. Emp. Gov. Gov. N/A Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% N/A 0% 85% 100% Partially 100% N/A Partially leave? paid paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 0 0 0 0 the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 67 67 63 65 55 60 47. What is the age at which one can retire and receive partial benefits? 62 62 63 65 55 60 48. What is the mandatory retirement age? N/A N/A 63 65 N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? Yes No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No Yes schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A No Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? Yes No No 64. Is there public provision of childcare for children under the age of primary No Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 141 Economy Tables Rwanda Saudi Arabia Senegal Region Sub-Saharan Africa Middle East & North Africa Sub-Saharan Africa Income Low income High income Lower middle income Female population 5,865,167 12,138,409 6,998,849 Female labor force participation 88% 19% 67% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A No 3. Does the constitution guarantee equality before the law? Yes No Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No No Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? Yes N/A N/A No N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? 30% N/A N/A 7. What are the legal quotas for women in parliament? 30% N/A N/A 8. What are the legal quotas for women in local government? 30% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes No No Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes No No Yes No 11. Can a woman travel outside the country in the same way as a man? Yes Yes No No Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes No Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes No No Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No No No Yes No Number of inequalities in accessing institutions 0 2 5 6 0 3 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes No No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes No Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Full community of property Separation of property Separation of property 24. Who legally administers property during marriage? Both must agree Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No Yes No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes No Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 13% N/A Judicial representation 36. How many justices are on the constitutional court? 14 N/A 5 37. Of those, how many are women? 7 N/A 0 38. Is the Chief Justice a woman? No N/A No 142 Women, Business and the Law 2014 Rwanda Saudi Arabia Senegal Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes Yes No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  84 4 N/A 70 1 N/A 98 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 N/A 0 0 N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. Emp. N/A Emp. Emp. N/A Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  60% 100% N/A 100% 100% N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Rwanda-Senegal 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 55 55 60 60 60 47. What is the age at which one can retire and receive partial benefits? 55 55 55 50 53 53 48. What is the mandatory retirement age? 65 65 55 60 60 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes No No c. Metalwork Yes No No d. Factory work Yes No No e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes No No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes No Can non-pregnant and non-nursing women work the same night hours 51.  Yes No No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No No  ust employers give employees an equivalent position when they return 56. M Yes No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 962% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes N/A No or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D Yes Yes No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 143 Economy Tables Serbia Sierra Leone Singapore Region Europe & Central Asia Sub-Saharan Africa East Asia & Pacific Income Upper middle income Low income High income Female population 3,692,728 3,011,511 2,691,384 Female labor force participation .. 68% 63% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes No 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes No No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A No N/A No No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes No Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Other property 24. Who legally administers property during marriage? Both must agree Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 77% N/A 16% Judicial representation 36. How many justices are on the constitutional court? 15 5 12 37. Of those, how many are women? 6 3 3 38. Is the Chief Justice a woman? No Yes No 144 Women, Business and the Law 2014 Albania–Angola Serbia Sierra Leone Singapore Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  135 N/A 230 84 N/A N/A 112 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A 0 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Emp. N/A N/A Gov. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  108% N/A 100% 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only 0 0 N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 65 60 60 62 62 47. What is the age at which one can retire and receive partial benefits? 60 65 55 55 62 62 48. What is the mandatory retirement age? 65 65 N/A N/A 67 67 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous Yes Yes Yes Serbia–Singapore g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No Yes  ust employers give employees an equivalent position when they return 56. M No No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? No No No  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No No N/A or public credit registries? 61.  Do utility companies provide information to private credit bureaus or public No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No Yes No men/women? Women, Business and the Law 2014 145 Economy Tables Slovak Republic Slovenia South Africa Region High income: OECD High income: OECD Sub-Saharan Africa Income High income High income Upper middle income Female population 2,779,386 1,035,245 26,356,891 Female labor force participation 62% 67% 48% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A Yes Yes Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Full community of property property property 24. Who legally administers property during marriage? Both must agree Both must agree Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 9% 5% 12% Judicial representation 36. How many justices are on the constitutional court? 13 9 11 37. Of those, how many are women? 3 5 2 38. Is the Chief Justice a woman? Yes No No 146 Women, Business and the Law 2014 Albania–Angola Slovak Republic Slovenia South Africa Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No Yes Yes Yes Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 238 N/A 1053 105 15 260 120 3 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A 0 0 75 0 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A Gov. Gov. Gov. Gov. Gov. Emp. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 65% N/A Partially 100% 100% 100% 38% 100% N/A leave? paid Mother Father Mother Father Mother Father 44. Where paid parental leave exists, what is the minimum amount which only 0 0 0 0 N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 62 62 65 65 N/A N/A 47. What is the age at which one can retire and receive partial benefits? 60 60 65 65 N/A N/A 48. What is the mandatory retirement age? 0 0 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes Austria–Bangladesh f. Jobs deemed hazardous Yes Yes Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? Yes No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes No Slovak Republic-South Africa  o employees with minor children have rights to a flexible/part time 58. D Yes Yes No schedule? Building credit What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No Yes credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 147 Economy Tables Spain Sri Lanka Sudan Region High income: OECD South Asia Sub-Saharan Africa Income High income Lower middle income Lower middle income Female population 23,385,893 10,382,591 18,534,408 Female labor force participation 66% 38% 32% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes Yes No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A No No N/A Yes Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes No No 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes No  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A No No Number of inequalities in accessing institutions 0 0 0 0 3 7 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No Yes Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Separation of property property 24. Who legally administers property during marriage? Both must agree Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? Yes No No 32. Does the law recognize personal law courts? No Yes Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 26% N/A N/A Judicial representation 36. How many justices are on the constitutional court? 12 11 9 37. Of those, how many are women? 2 3 1 38. Is the Chief Justice a woman? No No No 148 Women, Business and the Law 2014 Albania–Angola Spain Sri Lanka Sudan Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes Yes Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  112 13 0 84 N/A N/A 56 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 0 1095 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Gov. N/A Emp. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% 100% 0% 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 50 55 60 60 47. What is the age at which one can retire and receive partial benefits? 65 65 50 55 50 50 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No No b. Construction Yes Yes Yes c. Metalwork Yes Yes Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? Yes No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D Yes No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% N/A public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D N/A Yes N/A or public credit registries? 61. D  o utility companies provide information to private credit bureaus or public No No N/A credit registries?  o retailers provide information to private credit bureaus or public credit 62. D Yes No N/A registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  Yes No No No No No men/women? Spain–Sudan Women, Business and the Law 2014 149 Economy Tables Sweden Switzerland Syrian Arab Republic Region High income: OECD High income: OECD Middle East & North Africa Income High income High income Lower middle income Female population 4,774,327 4,055,247 10,985,664 Female labor force participation 77% 76% 14% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes No 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes No  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes No 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes No No  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 1 5 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Deferred community of Deferred community of Separation of property property property 24. Who legally administers property during marriage? Original owner Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 6% 39% 8% Judicial representation 36. How many justices are on the constitutional court? N/A N/A 7 37. Of those, how many are women? N/A N/A 1 38. Is the Chief Justice a woman? N/A N/A No 150 Women, Business and the Law 2014 Sweden–Syrian Arab Republic Sweden Switzerland Syrian Arab Republic Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes Yes Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  0 10 480 98 N/A N/A 120 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  98 0 491 14 N/A N/A 30 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? N/A Gov. Gov. Gov. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  0% 80% Partially 80% N/A N/A 100% N/A N/A leave? paid Mother Father Mother Father Mother Father Argentina–Australia  here paid parental leave exists, what is the minimum amount which only 44. W 60 60 N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which 0 0 N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 64 65 60 60 47. What is the age at which one can retire and receive partial benefits? 61 61 62 63 60 60 48. What is the mandatory retirement age? 67 67 69 70 65 65 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes Yes No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No Austria–Bangladesh e. Jobs requiring lifting weights above a threshold Yes Yes No f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes No Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes No  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D Yes No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 1% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? New Zealand–Switzerland 65. Does the law mandate free and compulsory primary education? Yes Yes Yes Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 151 Economy Tables Taiwan, China Tajikistan Tanzania Region East Asia & Pacific Europe & Central Asia Sub-Saharan Africa Income High income Low income Low income Female population .. 3,985,542 23,892,647 Female labor force participation .. 61% 90% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? 10% N/A 30% 8. What are the legal quotas for women in local government? 25% N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Deferred community of Partial community of Separation of property property property 24. Who legally administers property during marriage? Original owner Both must agree Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No Yes Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No Yes 32. Does the law recognize personal law courts? No No Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 16% 9% N/A Judicial representation 36. How many justices are on the constitutional court? 15 7 15 37. Of those, how many are women? 2 1 4 38. Is the Chief Justice a woman? No No No 152 Women, Business and the Law 2014 Albania–Angola Taiwan, China Tajikistan Tanzania Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes Yes Yes No Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 56 3 180 140 N/A 477.5 84 3 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 0 0 0 N/A 547.5 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. Emp. Gov. Gov. N/A Gov. Emp. Emp. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 100% Partially 100% N/A Partially 100% 100% N/A leave? paid paid Mother Father Mother Father Mother Father Taiwan, China–Tanzania  here paid parental leave exists, what is the minimum amount which only 44. W 0 0 0 0 N/A N/A the mother/father must take (in calendar days)? 45. Where unpaid parental leave exists, what is the minimum amount which N/A N/A 0 0 N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 65 65 58 63 60 60 47. What is the age at which one can retire and receive partial benefits? 60 60 58 63 55 55 48. What is the mandatory retirement age? 65 65 N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No Yes b. Construction Yes No Yes c. Metalwork Yes No Yes d. Factory work Yes No Yes e. Jobs requiring lifting weights above a threshold No No Yes Austria–Bangladesh f. Jobs deemed hazardous No No Yes g. Jobs deemed arduous Yes No Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No No Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D Yes Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% N/A public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D N/A Yes N/A or public credit registries? 61. D  o utility companies provide information to private credit bureaus or public No No N/A credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No N/A registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No No education? 65. Does the law mandate free and compulsory primary education? Yes Yes No New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 153 Economy Tables Thailand Togo Tunisia Region East Asia & Pacific Sub-Saharan Africa Middle East & North Africa Income Upper middle income Low income Upper middle income Female population 34,065,346 3,368,782 5,431,418 Female labor force participation 70% 82% 28% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes N/A N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A Yes N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes No Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A Yes No Yes No Number of inequalities in accessing institutions 0 0 0 2 0 1 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No No No 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Separation of property property 24. Who legally administers property during marriage? Both must agree Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 205% N/A 120% Judicial representation 36. How many justices are on the constitutional court? 9 9 N/A 37. Of those, how many are women? 0 1 N/A 38. Is the Chief Justice a woman? No No N/A 154 Women, Business and the Law 2014 Albania–Angola Thailand Togo Tunisia Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes Yes No What is the mandatory minimum length of paid leave for maternity/ 40.  45 N/A N/A 98 2 N/A 30 1 N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 0 N/A 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. & Gov. N/A N/A Emp. & Gov. Emp. N/A Gov. Gov. N/A What percentage of wages are paid during maternity/paternity/parental 43.  75% N/A N/A 100% 100% N/A 67% 100% N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 50 50 60 60 60 60 47. What is the age at which one can retire and receive partial benefits? 50 50 60 60 55 55 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes No b. Construction No Yes Yes c. Metalwork Yes Yes No d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold Yes Yes Yes f. Jobs deemed hazardous No Yes Yes Thailand-Tunisia g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes No from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 1828% 0% public credit registry (as a percentage of income per capita)?  o microfinance institutions provide information to private credit bureaus 60. D Yes No Yes or public credit registries?  o utility companies provide information to private credit bureaus or public 61. D No No No credit registries?  o retailers provide information to private credit bureaus or public credit 62. D No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No Yes No No men/women? Women, Business and the Law 2014 155 Economy Tables Turkey Uganda Ukraine Region Europe & Central Asia Sub-Saharan Africa Europe & Central Asia Income Upper middle income Low income Lower middle income Female population 37,655,879 18,124,684 24,576,360 Female labor force participation 30% 77% 63% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No Yes Yes No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A Yes Yes N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A 29% N/A 8. What are the legal quotas for women in local government? N/A 33% N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes No Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes Thailand–Tunisia  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 1 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Partial community of property property 24. Who legally administers property during marriage? Both must agree Original owner Both must agree Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? Yes Yes No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No Yes Going to court Equality of access 31. Does the law recognize customary courts? No Yes No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 897% N/A Judicial representation 36. How many justices are on the constitutional court? 17 7 18 37. Of those, how many are women? 1 3 2 38. Is the Chief Justice a woman? No No No 156 Women, Business and the Law 2014 Albania–Angola Turkey Uganda Ukraine Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No Yes No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  112 N/A N/A 60 4 N/A 126 N/A 969 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  180 N/A N/A 0 0 N/A 0 N/A 0 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Emp. Emp. N/A Gov. N/A Gov.  hat percentage of wages are paid during maternity/paternity/parental 43. W 66.6% N/A N/A 100% 100% N/A 100% N/A Partially leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A 0 0 the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 58 60 55 55 60 60 47. What is the age at which one can retire and receive partial benefits? 58 60 50 50 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes No Can non-pregnant and non-nursing women engage in the following 50.  occupations in the same way as men? a. Mining No Yes No b. Construction Yes Yes No c. Metalwork Yes Yes No d. Factory work Yes Yes No e. Jobs requiring lifting weights above a threshold Yes Yes No Austria–Bangladesh f. Jobs deemed hazardous Yes Yes No g. Jobs deemed arduous Yes Yes No h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes Must employers give employees an equivalent position when they return 56.  No Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes Do employees with minor children have rights to a flexible/part time 58.  No No Yes schedule? Building credit Turkey-Ukraine What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  No No Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary No No Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men  there specific tax deductions or credits that are applicable only to 66. Are No No No No No No men/women? Women, Business and the Law 2014 157 Economy Tables United Arab United Kingdom United States Emirates Region Middle East & North Africa High income: OECD High income: OECD Income High income High income High income Female population 2,729,352 32,089,974 159,488,496 Female labor force participation 44% 70% 67% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No No No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A N/A N/A 3. Does the constitution guarantee equality before the law? Yes No Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No Yes No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A No N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes No Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes N/A N/A N/A N/A 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes No Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes No Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes No Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes No N/A N/A Yes Yes Number of inequalities in accessing institutions 0 5 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  No Yes Yes 21. Are married women required by law to obey their husbands? Yes No No Do married couples jointly share legal responsibility for financially maintaining the 22.  No Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Separation of property Separation of property 24. Who legally administers property during marriage? Original owner Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No Yes No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  No Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? No Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  No Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? Yes No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  No Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 60% 41% 10% Judicial representation 36. How many justices are on the constitutional court? 5 12 9 37. Of those, how many are women? 0 1 3 38. Is the Chief Justice a woman? No No No 158 Women, Business and the Law 2014 Albania–Angola United Arab United Kingdom United States Emirates Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes Yes No No No Yes What is the mandatory minimum length of paid leave for maternity/ 40.  45 N/A N/A 273 14 N/A N/A N/A 0 paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 91 0 N/A N/A N/A 84 paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. & Gov. Emp. & Gov. N/A N/A N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 29% 18% N/A N/A N/A 0% leave? Mother Father Mother Father Mother Father Argentina–Australia  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A 0 0 only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 67 67 67 67 47. What is the age at which one can retire and receive partial benefits? 50 55 N/A N/A 62 62 48. What is the mandatory retirement age? N/A N/A N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No Yes Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No Yes Yes b. Construction No Yes Yes c. Metalwork No Yes Yes d. Factory work No Yes Yes Austria–Bangladesh e. Jobs requiring lifting weights above a threshold No Yes Yes f. Jobs deemed hazardous No Yes Yes g. Jobs deemed arduous No Yes Yes h. Jobs deemed morally or socially inappropriate No Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  No Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No Yes 55. Are there laws penalizing or preventing the dismissal of pregnant women? No Yes Yes  ust employers give employees an equivalent position when they return 56. M No Yes N/A from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes No Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  N/A N/A N/A or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No Yes No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No Yes Yes 64. Is there public provision of childcare for children under the age of primary No Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes United Arab Emirates– Personal income tax Women Men Women Men Women Men United States Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 159 Economy Tables Uruguay Uzbekistan Venezuela, RB Region Latin America & Caribbean Europe & Central Asia Latin America & Caribbean Income High income Lower middle income Upper middle income Female population 1,755,689 14,965,539 14,930,889 Female labor force participation 67% 51% 56% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? No Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? N/A Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No No No No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A N/A N/A N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes N/A N/A Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes Yes 21. Are married women required by law to obey their husbands? No No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Partial community of Partial community of property property property Both must agree Both must agree Separate with spousal 24. Who legally administers property during marriage? consent Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes Yes Yes Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes No Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 127% N/A 352% Judicial representation 36. How many justices are on the constitutional court? 5 7 7 37. Of those, how many are women? 0 1 3 38. Is the Chief Justice a woman? No No Yes 160 Women, Business and the Law 2014 Uruguay-Venezuela, RB Uruguay Uzbekistan Venezuela, RB Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes Yes No Yes No Yes Yes Yes No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 84 3 N/A 126 N/A 674 182 14 N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 0 N/A 0 N/A 0 0 0 N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. Emp. N/A Gov. N/A Emp. Emp. & Gov. Emp. & Gov. N/A  hat percentage of wages are paid during maternity/paternity/parental 43. W 100% 100% N/A 100% N/A Partially 100% 100% N/A leave? paid Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A 0 0 N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 60 60 55 60 55 60 47. What is the age at which one can retire and receive partial benefits? 60 60 55 60 55 60 48. What is the mandatory retirement age? N/A N/A 55 60 N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No Yes  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No Yes b. Construction Yes No Yes c. Metalwork Yes No Yes d. Factory work Yes No Yes e. Jobs requiring lifting weights above a threshold Yes No Yes Austria–Bangladesh f. Jobs deemed hazardous Yes No Yes g. Jobs deemed arduous Yes Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes Yes Yes as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes Yes  ust employers give employees an equivalent position when they return 56. M Yes Yes Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No Yes No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes No Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes Yes Yes education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 161 Economy Tables Vietnam West Bank and Gaza Yemen, Rep. Region East Asia & Pacific Middle East & North Africa Middle East & North Africa Income Lower middle income Lower middle income Lower middle income Female population 44,912,843 1,993,055 11,826,409 Female labor force participation 78% 16% 26% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes No 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes N/A 3. Does the constitution guarantee equality before the law? Yes Yes Yes Customary Personal Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? No No No Yes No Yes 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? N/A N/A N/A Yes N/A No Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A N/A 7. What are the legal quotas for women in parliament? N/A N/A N/A 8. What are the legal quotas for women in local government? N/A N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes Yes No 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes No Yes No  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes No Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes No Yes No  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes No No Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C Yes Yes N/A N/A Yes No Number of inequalities in accessing institutions 0 0 1 4 0 4 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes No No 21. Are married women required by law to obey their husbands? No Yes Yes Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes No No family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Partial community of Separation of property Separation of property property 24. Who legally administers property during marriage? Both must agree Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A N/A 26. Are there special provisions governing the marital home? No No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No No Property rights Unmarried Married Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes No No Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes No No Going to court Equality of access 31. Does the law recognize customary courts? No No No 32. Does the law recognize personal law courts? No Yes Yes Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes No No Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? No Yes No 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? N/A 165% N/A Judicial representation 36. How many justices are on the constitutional court? N/A 9 7 37. Of those, how many are women? N/A 1 0 38. Is the Chief Justice a woman? N/A No No 162 Women, Business and the Law 2014 Albania–Angola Vietnam West Bank and Gaza Yemen, Rep. Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No Yes No No What is the mandatory minimum length of paid leave for maternity/ 40.  180 N/A N/A 70 N/A N/A 70 N/A N/A paternity/parental leave (in calendar days)? What is the mandatory minimum length of unpaid leave for maternity/ 41.  0 N/A N/A 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Gov. N/A N/A Emp. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A N/A N/A Vietnam-Yemen, Rep. the mother/father must take (in calendar days)? 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 60 N/A N/A 55 60 47. What is the age at which one can retire and receive partial benefits? 55 60 N/A N/A 46 50 48. What is the mandatory retirement age? 60 65 N/A N/A 60 60 Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  No No No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining No No Yes b. Construction No Yes Yes c. Metalwork No No Yes d. Factory work Yes Yes Yes e. Jobs requiring lifting weights above a threshold No Yes Yes Austria–Bangladesh f. Jobs deemed hazardous No No No g. Jobs deemed arduous No No No h. Jobs deemed morally or socially inappropriate Yes Yes No Can non-pregnant and non-nursing women work the same night hours 51.  Yes No No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  Yes No No of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? Yes No No 54. Is it illegal for an employer to ask about family status during a job interview? No No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes Yes No  ust employers give employees an equivalent position when they return 56. M Yes No No from maternity leave? 57. Are employers required to provide break time for nursing mothers? Yes Yes Yes  o employees with minor children have rights to a flexible/part time 58. D No No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 0% 0% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes No or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  No No No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  No No No registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No No 64. Is there public provision of childcare for children under the age of primary Yes No No education? 65. Does the law mandate free and compulsory primary education? Yes Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No No No men/women? Women, Business and the Law 2014 163 Economy Tables Zambia Zimbabwe Region Sub-Saharan Africa Sub-Saharan Africa Income Lower middle income Low income Female population 7,052,869 6,956,156 Female labor force participation 73% 84% Accessing institutions Constitutional rights 1. Is there a non-discrimination clause in the constitution? Yes Yes 2. If there is a non-discrimination clause in the constitution, does it explicitly mention gender? Yes Yes 3. Does the constitution guarantee equality before the law? Yes Yes Customary Personal Customary Personal 4. Is customary/personal law recognized as valid source of law under the constitution? Yes No Yes No 5. If so, is it invalid if it violates constitutional provisions on non-discrimination or equality? No N/A Yes N/A Quotas 6. What are the legal quotas for women on corporate boards? N/A N/A 7. What are the legal quotas for women in parliament? N/A 22% 8. What are the legal quotas for women in local government? N/A N/A Rights of married and unmarried women Unmarried Married Unmarried Married 9. Can a woman apply for a passport in the same way as a man? Yes Yes Yes Yes 10. Can a woman apply for a national ID card in the same way as a man? Yes Yes Yes Yes 11. Can a woman travel outside the country in the same way as a man? Yes Yes Yes Yes 12. Can a woman travel outside her home in the same way as a man? Yes Yes Yes Yes  an a woman get a job or pursue a trade or profession in the same way as a man? 13. C Yes Yes Yes Yes 14. Can a woman sign a contract in the same way as a man? Yes Yes Yes Yes 15. Can a woman register a business in the same way as a man? Yes Yes Yes Yes 16. Can a woman open a bank account in the same way as a man? Yes Yes Yes Yes 17. Can a woman choose where to live in the same way as a man? Yes Yes Yes Yes  an a woman confer citizenship on her children in the same way as a man? 18. C Yes Yes Yes Yes  an a woman be “head of household” or “head of family” in the same way as a man? 19. C N/A N/A N/A N/A Number of inequalities in accessing institutions 0 0 0 0 Division of responsibility within marriage Can a woman convey citizenship to her non-national spouse in the same way as a man? 20.  Yes Yes 21. Are married women required by law to obey their husbands? No No Do married couples jointly share legal responsibility for financially maintaining the 22.  Yes Yes family’s expenses? Using property Marital property regime 23. What is the default marital property regime? Separation of property Separation of property 24. Who legally administers property during marriage? Original owner Original owner Protecting a wife’s interests 25. If it is the husband, does he need his wife’s consent for major transactions N/A N/A 26. Are there special provisions governing the marital home? No No Does the law provide for valuation of nonmonetary contributions during marriage? 27.  Yes No Property rights Unmarried Married Unmarried Married 28. Do men and women have equal ownership rights to property? Yes Yes Yes Yes Inheritance rights 29. Do sons and daughters have equal inheritance rights to property? Yes Yes Do female and male surviving spouses have equal inheritance rights to property? 30.  Yes Yes Going to court Equality of access 31. Does the law recognize customary courts? Yes Yes 32. Does the law recognize personal law courts? No No Does a woman’s testimony carry the same evidentiary weight in court as a man’s? 33.  Yes Yes Efficiency of procedure 34. Is there a small claims court or a fast track procedure for small claims? Yes Yes 35. If so, what is the maximum amount for a small claim (as a percentage of income per capita)? 314% 5213% Judicial representation 36. How many justices are on the constitutional court? 9 9 37. Of those, how many are women? 5 3 38. Is the Chief Justice a woman? Yes No 164 Women, Business and the Law 2014 Albania–Angola Zambia Zimbabwe Getting a job Parental benefits Maternity Paternity Parental Maternity Paternity Parental 39. Does the law mandate paid or unpaid maternity/paternity/parental leave? Yes No No Yes No No  hat is the mandatory minimum length of paid leave for maternity/ 40. W 84 N/A N/A 98 N/A N/A paternity/parental leave (in calendar days)?  hat is the mandatory minimum length of unpaid leave for maternity/ 41. W 0 N/A N/A 0 N/A N/A paternity/parental leave (in calendar days)? 42. Who pays maternity/paternity/parental benefits? Emp. N/A N/A Emp. N/A N/A What percentage of wages are paid during maternity/paternity/parental 43.  100% N/A N/A 100% N/A N/A leave? Mother Father Mother Father  here paid parental leave exists, what is the minimum amount which only 44. W N/A N/A N/A N/A the mother/father must take (in calendar days)? Argentina–Australia 45. W here unpaid parental leave exists, what is the minimum amount which N/A N/A N/A N/A only the mother/father must take (in calendar days)? Retirement & pensions Women Men Women Men 46. What is the age at which one can retire and receive full benefits? 55 55 60 60 47. What is the age at which one can retire and receive partial benefits? 50 50 60 60 48. What is the mandatory retirement age? N/A N/A N/A N/A Working hours and industry restrictions Can non-pregnant and non-nursing women do the same jobs as men? 49.  Yes No  an non-pregnant and non-nursing women engage in the following 50. C occupations in the same way as men? a. Mining Yes No b. Construction Yes No c. Metalwork Yes No d. Factory work Yes No e. Jobs requiring lifting weights above a threshold Yes No f. Jobs deemed hazardous Yes Yes Zambia–Zimbabwe g. Jobs deemed arduous Yes Yes h. Jobs deemed morally or socially inappropriate Yes Yes Can non-pregnant and non-nursing women work the same night hours 51.  Yes No as men? Workplace protections Does the law mandate equal remuneration for men and women for work 52.  No Yes of equal value? 53. Are there laws mandating non-discrimination based on gender in hiring? No Yes 54. Is it illegal for an employer to ask about family status during a job interview? No No 55. Are there laws penalizing or preventing the dismissal of pregnant women? Yes No  ust employers give employees an equivalent position when they return 56. M No Yes from maternity leave? 57. Are employers required to provide break time for nursing mothers? No Yes  o employees with minor children have rights to a flexible/part time 58. D No No schedule? Building credit Belarus–Benin What is the minimum loan amount covered in the private credit bureau or 59.  0% 23% public credit registry (as a percentage of income per capita)? Do microfinance institutions provide information to private credit bureaus 60.  Yes Yes or public credit registries? Do utility companies provide information to private credit bureaus or public 61.  Yes No credit registries? Do retailers provide information to private credit bureaus or public credit 62.  Yes Yes registries? Providing incentives to work Childcare 63. Are payments for childcare tax deductible? No No 64. Is there public provision of childcare for children under the age of primary Yes No education? 65. Does the law mandate free and compulsory primary education? Yes Yes New Zealand–Switzerland Personal income tax Women Men Women Men Are there specific tax deductions or credits that are applicable only to 66.  No No No No men/women? Women, Business and the Law 2014 165 Pilot data on Protecting women from violence Women, Business and the Law 2014 167 Pilot data on Protecting women from violence Domestic Violence Albania Algeria 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Angola Argentina 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No Yes No No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Armenia Australia 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No Yes Yes No Yes 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Azerbaijan Bangladesh 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No Yes Yes Yes No 9. Are there criminal sanctions for sexual harassment in employment? No No 168 Women, Business and the Law 2014 Albania–Canada Domestic Violence Benin Bolivia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes Yes No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Bosnia and Herzegovina Brazil 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? 4. Does domestic violence legislation include the following types of abuse: Emotional Financial Physical Sexual Emotional Financial Physical Sexual Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Burkina Faso Cambodia 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Cameroon Canada 1. Is there legislation that specifically addresses domestic violence? No No 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No Yes 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No Yes Yes Yes 9. Are there criminal sanctions for sexual harassment in employment? No No Women, Business and the Law 2014 169 Pilot data on Protecting women from violence Domestic Violence Chile China 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes No Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Colombia Congo, Dem. Rep. 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Costa Rica Côte d'Ivoire 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Croatia Denmark 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No No 170 Women, Business and the Law 2014 Domestic Violence Ecuador Egypt, Arab Rep. 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Chile–Germany Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes No 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes Yes No No No No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence El Salvador Ethiopia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No Yes Yes Yes No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Fiji Finland 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes Yes Yes Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence France Germany 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes No No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Women, Business and the Law 2014 171 Pilot data on Protecting women from violence Domestic Violence Ghana Guatemala 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No No 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Haiti Honduras 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence India Indonesia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes No 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Iran, Islamic Rep. Italy 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No Yes 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No No 172 Women, Business and the Law 2014 Domestic Violence Jamaica Japan 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes No Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No No 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Ghana–Lebanon Domestic Violence Jordan Kazakhstan 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes No 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Kenya Korea, Rep. 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes Yes Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Latvia Lebanon 1. Is there legislation that specifically addresses domestic violence? No No 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate No No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes No 6. Are there criminal sanctions for sexual harassment? No No 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Women, Business and the Law 2014 173 Pilot data on Protecting women from violence Domestic Violence Lesotho Lithuania 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Macedonia, FYR Madagascar 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes No No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Malawi Malaysia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes 8. Is there legislation on sexual harassment in: Education Employment Public Places Service Provision Education Employment Public Places Service Provision No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Mali Mauritius 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? 4. Does domestic violence legislation include the following types of abuse: Emotional Financial Physical Sexual Emotional Financial Physical Sexual No No No No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No Yes Yes No Yes 9. Are there criminal sanctions for sexual harassment in employment? No Yes 174 Women, Business and the Law 2014 Domestic Violence Mexico Mongolia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Morocco Mozambique 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No Yes No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes Lesotho–Niger 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Namibia Nepal 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes 8. Is there legislation on sexual harassment in: Education Employment Public Places Service Provision Education Employment Public Places Service Provision No Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Nicaragua Niger 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Women, Business and the Law 2014 175 Pilot data on Protecting women from violence Domestic Violence Nigeria Pakistan 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? No Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No Yes Yes No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Panama Paraguay 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Peru Philippines 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Poland Portugal 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes 176 Women, Business and the Law 2014 Domestic Violence Romania Russian Federation 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No 8. Is there legislation on sexual harassment in: Education Employment Public Places Service Provision Education Employment Public Places Service Provision No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Rwanda Saudi Arabia 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate No No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes No 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Senegal Serbia 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? No No 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual Nigeria–Singapore 4. Does domestic violence legislation include the following types of abuse: No No Yes No Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence Sierra Leone Singapore 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Women, Business and the Law 2014 177 Pilot data on Protecting women from violence Domestic Violence South Africa Spain 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? No Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Sri Lanka Sweden 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Switzerland Syrian Arab Republic 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? No No Domestic Violence Tanzania Thailand 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No No No Yes No Yes No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes 178 Women, Business and the Law 2014 Domestic Violence Tunisia Turkey 1. Is there legislation that specifically addresses domestic violence? No Yes 2. Is there a specialized court or procedure for cases of domestic violence? No Yes 3. Does domestic violence legislation protect women in unmarried intimate No Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: No No Yes No Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? No No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No No No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Domestic Violence Uganda Ukraine 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: No Yes No No No Yes No Yes 9. Are there criminal sanctions for sexual harassment in employment? Yes Yes Domestic Violence United Kingdom United States 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes No Yes No Yes No Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes No 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No Yes Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Uruguay Uzbekistan 1. Is there legislation that specifically addresses domestic violence? Yes No South Africa– Zimbabwe 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? No Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes Yes Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? No Yes Women, Business and the Law 2014 179 Pilot data on Protecting women from violence Domestic Violence Venezuela, R.B. Yemen, Rep. 1. Is there legislation that specifically addresses domestic violence? Yes No 2. Is there a specialized court or procedure for cases of domestic violence? Yes No 3. Does domestic violence legislation protect women in unmarried intimate Yes No relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes No No No No Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes No No No No No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No Domestic Violence Zambia Zimbabwe 1. Is there legislation that specifically addresses domestic violence? Yes Yes 2. Is there a specialized court or procedure for cases of domestic violence? Yes Yes 3. Does domestic violence legislation protect women in unmarried intimate Yes Yes relationships? Emotional Financial Physical Sexual Emotional Financial Physical Sexual 4. Does domestic violence legislation include the following types of abuse: Yes Yes Yes Yes Yes Yes Yes Yes Sexual Harassment 5. Is there legislation that specifically addresses sexual harassment? Yes Yes 6. Are there criminal sanctions for sexual harassment? Yes Yes 7. Is there a governmental office tasked with addressing sexual harassment? Yes No Education Employment Public Places Service Provision Education Employment Public Places Service Provision 8. Is there legislation on sexual harassment in: Yes Yes Yes No No Yes No No 9. Are there criminal sanctions for sexual harassment in employment? Yes No South Africa– 180 Women, Business and the Law 2014 Acknowledgments The project to develop the Women, Business and the Law 2014 indicator set was led by Sarah Iqbal, under the general direction of Augusto López-Claros. Members of the core research team included Nayda Almodóvar-Reteguis, Yasmin Bin-Humam, Garam Dexter, Khrystyna Kushnir, Thibault Meilland and Paula Tavares. Assisting with data collection were Mike Chinoko, Maia Estelle D’Anna, Olusheun Olalekan Olaoshebikan, Lourdes Lizarraga Ortega, Chelsea Rubin, Katrin Anna Schulz, Mohammad Shouman, Rui Yang and Rana Imam Hassan Hosny Younes. Mohammad Amin, David C. Francis and Judy Yang assisted online Women, Business and the Law database (http://wbl in the data analysis. Mary Hallward-Driemeier and Tazeen .worldbank.org) is managed by Preeti Endlaw, supported Hasan collaborated in the preparation of the 50 Years of by Varun V. Doiphode, Andres Baquero Franco, Kunal Patel, Women’s Legal Rights database. Assisting with data collec- Vinod Vasudevan Thottikkatu and Hashim Zia. The Women, tion for the 50 Years of Women’s Legal Rights database were Business and the Law 2014 report outreach strategy was Shazia Akhter, Tatyana Chursova, Yulia Dovgaya, Abhinav executed by the communications team led by Nadine Goel, Sarah Knapp, Erin F. Rogers, Lindsey Scannell, Zachary Ghannam which includes: Hyun Kyong Lee and Sushmitha Walter and Ashley S. Zohar. The surveys for the pilot indi- Malini Narsiah, with support from Christopher Colford, Mary cator on Protecting women from violence were prepared in Donaldson and Xenia Zia Morales under the leadership of collaboration with UN Women. Nicole Frost. The core research team is assisted by Rose Gachina. The team is grateful for valuable comments provided by colleagues across the World Bank Group and for the guid- Preparation of the report was supported by Switzerland’s ance of World Bank Group Executive Directors. It would State Secretariat for Economic Affairs (SECO). The prepara- especially like to acknowledge the comments and guidance tion of the pilot indicator on Protecting women from vio- of Melissa Johns, Jeni Klugman, Jorge Luis Rodriguez Meza lence was supported by the Nordic Trust Fund for Human and Rita Ramalho. Comments were also received from Yeraly Rights. The preparation of the 50 Years of Women’s Legal Beksultan, Najy Benhassine, Ana Maria Muñoz-Boudet, Rights database was supported by the U.K. Department for Tommaso Simone Chierchia, Konstantin Dorofeyev, Sammar International Development (DFID). Essmat, Jimena Garrote, Ruth Hill, Rubin Japhta, Saroj Kumar Jha, Bertine Kamphuis, Laura Esther Amina Kim, Sveinung This report was made possible by the generous contribu- Kiplesund, Alexander Kremer, Leonardo Aleixo Lemes, tions of close to 800 lawyers, judges, academics, civil society Mathew H. Morton, Emanuel Salinas Munoz, M. Yaa Pokua representatives and public officials in 143 economies. Global Afriyie Oppong, Theresa Kay Osborne, Gaukhar Ospanova, contributors are organizations that have completed multiple Elizaveta Perova, Mehnaz S. Safavian, Sarah Twigg and Cara surveys in their various offices around the world, or who have Zappala. referred our surveys to their membership. Contact details for local partners are available on the Women, Business and the The report was edited by AmadeaEditing with final editing by Law website at: http://wbl.worldbank.org Paul Holtz, and design and graphics by Corporate Visions. The Women, Business and the Law 2014 181 GLOBAL ALGERIA ARMENIA BANGLADESH CONTRIBUTORS Radia Abdous Lara Aharonian Ishrat Ahmed Advocates for International Ghellal & Mekerba Women’s Support Center Siemens Bangladesh Ltd. Development Larbaoui Malika Maro Matosian Salma Ali American Bar Association Bouchaib Law Firm Women’s Support Center Bangladesh National Woman (ABA) Commission on Lawyers’ Association Liana Voskerchyan Domestic and Sexual Violence ANGOLA GPartners Tania Amir Catarina Neto Fernandes Amir & Amir Law Associates American Bar Association FBL Advogados (ABA) Section of International AUSTRALIA Seema Karim Law Carla Vieira Mesquita Keira Brennan Amir & Amir Law Associates Zenóglio Oliveira Clayton Utz Employment Law Alliance Advoconsulting, SA. Eva Quasem (ELA) Hedy Cray Angola Amir & Amir Law Associates Clayton Utz Equality Now ARGENTINA Tess Lumsdaine BELARUS German Women Lawyers Ursula Basset Freehills Sergei Makarchuk| Association (Bund Deutscher Pontificia Universida CHSH Cerha Hempel Juristinnen) Patrick Parkinson Católica Argentina Spiegelfeld Hlawati University of Sydney International Financial Law Carina Marcela Oksana Puchkovskaya Review (IFLR) Susan Pearson Castrillón Stepanovski, Papakul and Estudio Bullo - Tassi - Pearson Family Lawyers Partners LLC International Models Project on Women’s Rights (IMPOWR) Estebenet - Lipera - Noeline Rudland Torassa Abogados Nikita Tolkanitsa International Society of Jane Wright CHSH Cerha Hempel Women Lawyers (FIDA) Graciela De Oto Freehills Spiegelfeld Hlawati Fundación Suma Veritas International Society of Natalia Ulasevich Women Lawyers (FIDA) Jorge Grispo AUSTRIA Aleinikov & Partners Colombia Chapter Estudio Grispo & Asociados Julian Feichtinger CHSH Cerha Hempel Liliya Vlasova LANDESA Center for Women’s Leticia Andrea Spiegelfeld Hlawati, member Vlasova, Mikhel & Partners Land Rights Kabusacki of Lex Mundi Harari & Kabusacki BELGIUM MassPoint Legal and Strategy Abogados Valerie Kramer Ian Forrester Advisory PLLC Diego Sebastián Kelly Elisabeth Schenkel White & Case LLP The Protection Project Marval, O’Farrell & Mairal CHSH Cerha Hempel Elvire Vignon Spiegelfeld Hlawati, member Cabinet d’avocats Vignon Society for Business and Malcolm Leckie of Lex Mundi Professional Women (BPW) Estudio Grispo & Asociados International BENIN Carlos Marín Rodríguez AZERBAIJAN Cristel Akofa Gomez Women Against Violence Estudio Bulló - Tassi - Aliagha Akhundov Cabinet Gomez & Hermès Europe (WAVE) Network Estebenet - Lipera Baker & McKenzie CIS Ltd. Torassa Abogados Vera Nkwate Ngassa ALBANIA Fuad Karimov Gabriel Pablo Martinez Kermur Specialized Bureau Alba Agolli of Advocates BOLIVIA Niell Refleksione Association Carolina Aguirre Urioste Estudio Grispo & Asociados Nurlan Mammadov Bufete Aguirre Soc. Civ Sokol Elmazaj Laura Pautassi Baker & McKenzie CIS Ltd. Boga & Associates Andrea Bollmann Duarte Equipo Latinoamericano de Justicia y Género - ELA Mehriban Zeynalova Salazar, Salazar & Asociados Emel Haxhillari Clean World Social Union Soc. Civ. Kalo and Associate Enrique Mariano Stile Marval, O’Farrell & Mairal Julieta Montaño Monika Kocaqi, PhD Oficina Jurídica Para la Mujer Refleksione Association Lorena Salazar Machicado Arben Lena Salazar, Salazar & Asociados Lena & Associates Law Firm Soc. Civ. Aida Lico Sandra Salinas Lena & Associates Law Firm C.R.& F. ROJAS- Abogados Artila Rama Katia Uriona Gamarra Boga & Associates Coordinadora de la Mujer 182 Women, Business and the Law 2014 Acknowledgments BOSNIA AND BRAZIL BULGARIA CAMEROON HERZEGOVINA Leticia Calderaro Batista Dimitar Dimov Che Collins Association of Women to Centro Universitário do Dimov&Tashev Law Firm Voice of Grace Foundation Women (Udruzenje Zene Distrito Federal Cameroon Katerina Partenova Zenama) Fábia Bertanha Dimov&Tashev Law Firm Désiré Makondo Suvad Bakić Machado Meyer Sendacz e DM & Partners Opice Advogados Radoslav Tashev Wolf Theiss D.O.O. Sarajevo Dimov&Tashev Law Firm Isidore Baudouin Ndzana Dina Duraković Bruna Costa PricewaterhouseCoopers Tax Wolf Theiss D.O.O. Sarajevo Secretaria de Políticas para as BURKINA FASO and Legal Mulheres da Presidência da Patinde Marie Louise Feđa Dupovac República Neba Priscillia Lum Eléonore Belemlilga Voice of Grace Foundation Attorney Office Spaho Moana Furletti Ministère de l’Eau, de Cameroon Sead Miljković Papini Quadros e Quadros l’Assainissement et des Wolf Theiss D.O.O. Sarajevo Advogados Associados Aménagements Hydrauliques Patrick Menyeng Manga The Abeng Law Firm Amela Selmanagic Cibelle Goldfarb Hamsetou Madeleine Wolf Theiss D.O.O. Sarajevo BM&A Advogados Ouedraogo Ndonwi Wilfred Association Koom Voice of Grace Foundation Mehmed Spaho Sinara Gumieri Cameroon Advokatska Kancelarija Spaho Anis – Instituto de Bioética, BURUNDI Selma Spaho Direitos Humanos e Gênero Dany-Axelle Ndayishimiya CANADA Advokatska Kancelarija Spaho Jorge Gonzaga Matsumoto Barreau de Bujumbura- Caroline Kim Machado Meyer Sendacz e Burundi et consultant chez Emir Spaho Mkono & Co. Burundi Regina Martyn Opice Advogados Norton Rose Fulbright Canada Attorney Office Spaho Carolina Ortolar Lambert Nigarura LLP BOTSWANA BM&A Advogados Barreau de Bujumbura- Yvonne K. Chilume Burundi et consultant chez CHAD Cristina Ortolar Mkono & Co. Burundi Oscar d’Estaing Deffosso Chilume & Company BM&A Advogados PricewaterhouseCoopers Tax Fabien Segatwa Tatenda Dumba and Legal Juliana Paiva Etude Me Segatwa Armstrongs Attorneys Anis – Instituto de Bioética, Guy Emmanuel Ngankam Notaries & Conveyancers Direitos Humanos e Gênero CAMBODIA PwC The Cambodian Center for Fabiana Paranhos Human Rights Anis – Instituto de Bioética, Direitos Humanos e Gênero Sophal Chea Better Factories Cambodia Camilla Arno Sant’Anna Vandanet Hing Michele Silveira P&A Asia Law Firm BM&A Advogados Veng Muoyky Mauricio Quadros Soares P&A Asia Law Firm Papini Quadros e Quadros Advogados Associados Sokla San P&A Asia Law Firm Naomy Christiani Takara Bun Huy Seng Marcela Tavares P&A Asia Law Firm Machado Meyer Sendacz e Opice Advogados Aline Yamamoto Secretaria de Políticas para as Mulheres da Presidência da República Women, Business and the Law 2014 183 CHILE COLOMBIA CONGO, DEM. REP. CÔTE D’IVOIRE Juan Pablo Cabezón Otero Katherine Acuña Pappy Kajabika Abiba Coulibaly Estudio Jurídico Otero Universidad Sergio Arboleda Association des Femmes Ngay Guy Kalasi Juristes de Côte d’Ivoire Dolores Echeverría Paula Aguirre Ospina Estudio Jurídico Otero Universidad Sergio Arboleda Ridelphine Katabesha Gnamien Emilienne Coulibaly Association des Femmes des Association des Femmes Natalia García Swaneck María Margarita Bucheli Eraso Medias du Sud-kivu AFEM/SK Juristes de Côte d’Ivoire Universidad del Desarrollo Andrea Caicedo Parra Chouchou Namegabe Julie Edoukou Juan Ignacio Ipinza Mayor Universidad Sergio Arboleda Association des Femmes des Association des Femmes Medias du Sud-kivu AFEM/SK Juristes de Côte d’Ivoire Juana Méndez Barra Rafael Campo Díaz Corporación de Promoción y Universidad Sergio Arboleda Dunia Zongwe Claude-Andrée Groga Defensa de los Derechos del Cabinet Jean-François Mario Castro Tarazona Pueblo (CODEPU) Universidad Sergio Arboleda CONGO, REP. Chauveau Gerardo Otero Alvarado Association Congolaise pour Alberto José Esmeral le Développement Agricole Koffi Marcelline Komenan Estudio Jurídico Otero Association des Femmes Universidad Sergio Arboleda ACDA Lucía Planet Sepúlveda| Juristes de Côte d’Ivoire Defesoría Laboral Carolina Gómez Osorio Germaine Onanga née Universidad Sergio Arboleda Nguenoni Patricia N’Guessan Luis Andrés Ulloa Martínez Comité National des Droits de Cabinet Jean-François Carey y Cía Abogados José González Zuñiga la Femme Chauveau Universidad Sergio Arboleda Viviana Uribe Tamblay Daldy Rustichel Youbou Véronique Ossohou-Kone Corporación de Promoción y Natalia Andrea González Biagha International Rescue Defensa de los Derechos del Universidad Sergio Arboleda Committee Côte d’Ivoire Pueblo (CODEPU) Juan Camilo Guevara Ortiz COSTA RICA Universidad de San Rocío Amador Hasbun CROATIA CHINA Buenaventura Cali Bufete Amador Women’s Room–Center for Xue Bai Sexual Rights Times Commerce Law Firm Fabián Andrés Hurtado Anna Karina Jiménez Oliveros Arias & Muñoz Marko Borsky Ruiling Chen Universidad Sergio Arboleda Divjak, Topić & Bahtijarević Yingke Law Firm Diana Pál-Hagedüs Ortega María Camila Jiménez Molina Pál-Hegedüs & Ortega Saša Divjak Zhang Hongtao Universidad Sergio Arboleda Abogados Divjak, Topić & Bahtijarević Beijing Dacheng Law Marko Lovrić Firm(Qingdao) Juan Carlos Moreno Peralta Marianne Pál-Hegedüs Ortega Rodriguez Retamoso & Pál-Hegedüs & Ortega Divjak, Topić & Bahtijarević Xiaofei Li Associates Abogados Ema Menđušić Škugor Yingke Law Firm Divjak, Topić & Bahtijarević Elvira Isabel Osorio Paola Rivera Jeffrey Wilson Universidad Sergio Arboleda Arias & Muñoz Karlo Novosel Jun He Law Offices Law Office Karlo Novosel María Adelaida Palacio Puerta Graciela Soto Sun Xiang Universidad Sergio Arboleda Arias & Muñoz Davor Rukonić Beijing Dacheng Law Divjak, Topić & Bahtijarević Firm(Qingdao) Nicolás Eduardo Riaño Jiménez Universidad Sergio Arboleda CZECH REPUBLIC Barbara Adamcová Liliana María Rodríguez Retamoso Rodriguez Jiri Balastik Retamoso & Associates Kocián Šolc Balaštík María Paula Suárez Cock Lenka Droscová Universidad Sergio Arboleda Balcar Polanský Eversheds Radek Matouš Balcar Polanský Eversheds Sasha Stepanova Kocián Šolc Balaštík 184 Women, Business and the Law 2014 Acknowledgments DENMARK EGYPT, ARAB REP. ESTONIA FRANCE Elsebeth Aaes-Jørgensen Nevine Abou Alam Juulika Aavik Jérémie Blond Norrbom Vindinq Ibrachy & Dermarkar Law Firm Advokaadibüroo Cabinet Jérémie Blond SORAINEN AS Jacob Engelbrechtsen Nanis Abou El Fotuh Aude Chloe Froment Copenhagen University, Ibrachy & Dermarkar Law Firm Kaia Kuusler Froment Marginale Associes Denmark Advokaadibüroo Sahar Abd Al-Sattar Emam SORAINEN AS Marion Le Roux Majken Johansen Menoufia - University Faculty Cabinet d’avocats Bredin Prat Advokaterne of Law Karin Madisson AARPI Advokaadibüroo SORAINEN A Annette Kronborg Sahar Emam Virginie J.M. Tassin Copenhagen University, Menoufia University - Faculty Rando Maisvee Denmark of Law Eversheds Ots & Co. GABON Tina Reissmann Rabha Fathy Lauri Paulus Mano Itchola Alade Plesner Association of Egyptian Law Office Legalia Scip Itchola & Agbanrin Female Lawyers Bernie Yala Tchimbakala Sandra Värk DOMINICAN REPUBLIC Marwa Omara Eversheds Ots & Co. Cabinet d’Avocats Albert Guzmán Ariza Abogados y Telelaws Bikalou Notarios Abd Al-Rahman Quasem ETHIOPIA Merielin Almonte Fikadu Asfaw GEORGIA Merielin Almonte Estudio Fikadu Asfaw Law Office Boris Janjalia EL SALVADOR Legal Christian Bará Yodit Gurji GERMANY Marielle Garrigó Bufete Arias & Muñoz Fikadu Asfaw Law Office German Women Lawyer’s Pellerano & Herrera Association, Commission on David Ernesto Claros Flores Mahlet Mesganaw Elisabetta Pedersini García & Bodán Dagnachew Tesfaye Law Violence Against Women and Aaron Suero & Pedersini Office Children Silvia Juárez Laura Pellerano ORMUSA, Asoc. Organización Dagnachew Tesfaye Sibylla Flügge Pellerano & Herrera de Mujeres Salvadoreñas por Dagnachew Tesfaye Law Fachhochschule Frankfurt am la Paz Office Main Rosalía Prota Pellerano & Herrera Efraín Marroquín Nancy Gage-Lindner Bufete Arias & Muñoz FIJI Hessisches Sozialministerium Juan Manuel Suero Nicholas Barnes (Hesse Department of Social Aaron Suero & Pedersini Miriam Mixco Munro Leys Welfare) Gold Service, S.A. de C.V. Ana Gisselle Valerio Shayne Sorby Jan Tibor Lelley Troncoso & Caceres Violeta Molina Rivas Munro Leys Buse Heberer Fromm García & Bodán Ana Massielle Valerio Thomas & Thomas Josué Rafael Reyes Campos FINLAND GHANA Bufete Arias & Muñoz Jari-Pekka Alho Emma Amakye Krogerus Attorneys Ltd. A&A Law Consultant ECUADOR Kelly Beatríz Romero Mariuxi Baquerizo Rodríguez Jessica Brander Meredith Bambrick Nassar Abogados Dittmar & Indrenius Daniela Chacón Arias Samuel Bryar Prófitas S.A. Jaime Alberto Salinas Olivares Petri Eskola Backstrom & Co. Attorneys Hilary Gbedemah Juan Pablo Morales Viteri García & Bodán The Law Institute Ltd. Proyelítica Oscar José Torres Cañas Laura-Maria Lindström Funmi Iyayi Wendy Reyes Chiriboga García & Bodán Integrated Legal Consultants Attorneys at Law Borenius Proyelítica Julio Vargas García & Bodán Raija-Leena Ojanen Raúl Riquelme Cardenas Dittmar & Indrenius Herrera Olalla & Riquelme Abogados Johanna Pakkanen The Feminist Association Union Anna Polvenlahti Krogerus Attorneys Ltd. Jani Syrjänen Attorneys at Law Borenius Sami Tuominen Attorneys at Law Borenius Women, Business and the Law 2014 185 GREECE HAITI HONDURAS ICELAND Loukia Argyropoulou Girovna Brice Marcela Aguilar Gudrun Bergsteinsdottir General Secretariat for Cabinet Céant Central Law Honduras - LOCAL Attorneys Gender Equality, Ministry of Medina, Rosenthal & Interior Jean-Baptiste Brown Asociados Steinunn Holm Gudbjarsdottir Brown Legal Group Borgarlogmenn sf. Holm & Ismini Assimakopoulou Gina María Aronne Laitano Partners KGDI Jean-Henry Céant Secretaría de Justicia y Cabinet Céant Derechos Humanos Margrét Steinarsdóttir Anastasia Kelveridou Icelandic Human Rights Kyriakides Georgopoulos & Michèle Delerme Alma Coello Centre Daniolos Issaias Law Firm Banque de la République d’Haïti Graciela Cruz Effie Mitsopoulou García & Bodán INDIA Kyriakides Georgopoulos & Marie Douchka Porcena Mohak Bhadana Daniolos Issaias Law Firm Cabinet Exumé Vivian Link Supreme Court of India Viktoria Zioga Frantz Elyzée Ada Carolina López Aguilar Shweta Bharti Association Nationale des Secretaría de Justicia y Hammurabi & Solomon Institutions de Microfinance Derechos Humanos GUATEMALA d’Haïti Manjula Chawla Roberto Carlos Ávila Del Cid Guadalupe Martínez Casas Phoenix Legal García & Bodán Jean Frisca Alexandre Central Law Honduras - Cabinet Exumé Medina, Rosenthal & Ritika Ganju Eduardo Calderón Asociados Phoenix Legal Universidad Francisco Patrick Laurent Marroquín Cabinet Patrick Laurent & Ana Gabriela Mayes Atul Gupta Associés Bufete Casco-Fortín, Cruz & Trilegal Fausto García Asociados Universidad Francisco Marie Josée Louisme Bina Jain Marroquín Office de Protection du Claribel Medina All India Women’s Conference Citoyen et de la Citoyenne Central Law Honduras - Jyotika Kalra Francisco Sagastume Medina, Rosenthal & García & Bodán Micosky Pompilus All India Women’s Conference Asociados Cabinet Chalmers & Chalmers Sonia Kapoor GUINEA Jesus Humberto Medina-Alva Hammurabi & Solomon Carine Roenen Central Law Honduras - Yves Constant Amani Fonkoze Anyray & Partners Guinea Medina, Rosenthal & Rajas Kasbekar Jean-Frédéric Salès Asociados Little & Co. Advocates & Cabinet Salès Solicitors Jazna Vanessa Oquelí Sibylle Théard Mevs García & Bodán Manoj Kumar Théard & Associés Hammurabi & Solomon Ana Romero Pratyush Kumar Roberto Williams Cruz National Law University Delhi Bufete Casco-Fortín, Cruz & Asociados Isha Mehta Kesar Dass B & Associates HONG KONG SAR, Bhargavi Mudakavi CHINA Trilegal Cynthia Chung Deacons Ajay Raghavan Trilegal Nga Kit (Christy) Tang Juhi Singh Hammurabi & Solomon HUNGARY Schalkház Éva Edit Kanisshka Tyagi Schalkház Law Office Kesar Dass B & Associates Dézsi-Péterfy Ferenc Dr. Péterfy Law Office Tamás Mészáros Dr. Rátky and Partners Law Office Attila Richter Dr. Rátky and Partners Law Office Marianna Toth Law Office of Marianna Toth 186 Women, Business and the Law 2014 Acknowledgments INDONESIA ITALY JORDAN KOREA, REP. Beauty Erowati Siswojo Giuseppe Battaglia Amer Mohd Abu-Hassan Chun Wook Hyun Portolano Cavallo Studio Abu-Hassan & Associates Kim & Chang Abdul Hamim Jauzie Legale Lawyers & Consultants LBH Apik’s Federation Marian Im Enrichetta Sandra Bellini Mahasen Al-Jaghoub Kim,Choi & Lim Lany Harijanti Fornera University of Jordan Business and Professional Hun-gap Jo Nursyahbani Katjasungkana Omar Aljazy Kim,Choi & Lim LBH Apik’s Federation Women International (BPWI) Aljazy & Co. (Advocates & Manuela Cavallo Legal Consultants) Bo Moon Jung Rusmaini Lenggogeni Kim & Chang Soewito Suhardiman Portolano Cavallo Studio Legale Tarik Arida Eddymurthy Kardono Arida Law Firm KOSOVO Elisabeth Lino Andrea Gangemi Sokol Elmazaj Portolano Cavallo Studio Laith Nasrawin Soewito Suhardiman Aljazy & Co. (Advocates & Boga & Associates Eddymurthy Kardono Legale Legal Consultants) Sabina Lalaj Giliola Langher Boga & Associates IRAN, ISLAMIC, REP. KAZAKHSTAN Shahrzad Majdameli Cesare Lombrassa Delvina Nallbani Studio Legale Lombrassa Zulfiya Akchurina International Law Office Grata Law Firm Boga & Associates of Dr. Behrooz Akhlaghi & Federica Midiri Associates Tatyana Gustap Kujtesa Nezaj-Shehu Marilita Piromalli Aequitas Law Firm SDP KOSOVË IRELAND Portolano Cavallo Studio Nita Shala Legale Marina Kolesnikova Catherine Austin Grata Law Firm Kosovo Legal Group Arthur Cox Giulia Quatrini Askar Konysbayev Xhevdet Shala Aisling Burke Portolano Cavallo Studio Kosovo Legal Group Legale Grata Law Firm Arthur Cox Shayakhmet Zharkimbayev Besa Tauzi Inge Clissmann JAMAICA Grata Law Firm Boga & Associates Inge Clissmann S.C Maria Burke DunnCox KENYA KUWAIT Kathleen Garrett Arthur Cox Jane Kamangu Ola Saab Natasha Parkins Curtis, Mallet-Prevost, Colt Leanne Cochrane Institute for Gender and Angela Kimani & Mosle Ltd. (in association Northern Ireland Human Development Studies Kaplan & Stratton Advocates with Mashora Advocates and Rights Commission Sharon Smith Legal Consultants) Rose Kimotho Roisin Liddy Patterson Mair Hamilton Kenya National Commission Law Library, Four Court, on Human Rights KYRGYZ REPUBLIC Dublin JAPAN Lenara Mambetalieva Kenichi Kojima Rosemary Mugwe Promotion of Foreign Elaine Mettler Ushijima & Partners Investment to Kyrgyzstan, Arthur Cox Roselynn Musa Geneva Ryoyu Naito Helene Namisi Gill Woods Naito & Associates Natalia Molodanova Arthur Cox Namisi & Company Advocates Veritas Law Agency Tomonori Suwa Christina Ndiho Aisanat Safarbekkyzy ISRAEL Haraguchi International Kaplan & Stratton Advocates Law Office Grata Law Firm Pnina Broder Manor Naschitz Brandes & Co. Jacqueline Nyabwa Elvira Sharshekeeva Tomoko Tsuchida Anjarwalla & Khanna Grata Law Firm Ayala Filmus Shin Ushijima Advocates Naschitz Brandes & Co. Ushijima & Partners Sonal Sejpal LAO PDR Shoshana Gavish Anjarwalla & Khanna Sithong Chanthasouk S. Horowitz & Co. Advocates Foreign Trade Policy Department, Ministry of Arnon Samburski Industry and Commerce, Naschitz Brandes & Co. Lao PDR Ayelet Simon-Vekslar Jan Edwards Weinstock Zecler & Co. Edu-research Consulting Women, Business and the Law 2014 187 LATVIA LITHUANIA MALAWI MALI Andis Burkevics Viktorija Čivilytė Masauko Chamkakala Mamoudou Samassekou SORAINEN Budvytis, Civilis and Partners, Churchill, Norris & Foster Law Faculté de Droit Privé de Law Firm Consultants l’Université de Sciences Juris Dilba Juridiques et Politiques de Resource Centre for Women Audrone Kisieliene Mike Chinoko Bamako “Marta” European Innovation Centre Malawi Law Commission Jelena Kvjatkovska Liudmila Mecajeva Martha Chizuma-Mwangonde MAURITIUS Law Office Rode & Partners Social Innovation Fund Najibah Emamally Tisungane Makato Wortels Lexus Evija Mikelsone Marius Navickas Ministry of Justice and SORAINEN Budvytis, Civilis and Partners, Constitutional Affairs Fayaz Hajee Abdoula Law Firm BLC Chambers Lāsma Rugāte Burton Mhango SORAINEN Algirdas Pekšys Mbendera & Nkhono Jason Harel SORAINEN Associates BLC Chambers Janis Taukacs SORAINEN Vilius Velica Mercy Mulele Siv Potayya Mykolas Romeris University MTM Law Chambers Wortels Lexus LEBANON Agnietė Žukauskaitė Rachel Sophie Sikwese Bhavna Ramsurun Leila Alem Hammoud SORAINEN High Court of Malawi BLC Chambers Alem & Associates Law Firm Chikosa Silungwe Melkar El Khoury MACEDONIA, FYR The Mizumali Foundation MEXICO Association for Emancipation, Vanessa Casas Vessi Maryline Kalaydjian Solidarity and Equality of Barrera, Siqueiros y Torres Badri and Salim El Meouchi MALAYSIA Women Landa, S.C. Law Firm, member of Messrs Shearn Delamore Interleges Emilija Kelesoska Sholjakovska & Co. Juan Carlos De la Vega Debarliev, Dameski & Santamarina y Steta, S.C. Joelle Khater Kelesoska Attorneys at Law Suryna Ali Etude Badri et Salim El Mary Carmen Fuertes Abascal Meouchi Elena Miceva Ren Chung Yu Barrera, Siqueiros y Torres Debarliev, Dameski & Women’s Aid Organisation Landa, S.C. Antoine Sfeir Kelesoska Attorneys at Law (WAO) Badri and Salim El Meouchi Laura Elena García González Law Firm, member of Valerjan Monevski Nathan Jackson Sanchez, Nuñez y Asociados, Interleges Monevski Law Firm Solidiance S.C. Zaleha Kamaruddin Paola Florencia López LESOTHO MADAGASCAR International Islamic Jiménez Litsabako Kali Johanne Francia University Malaysia Barrera, Siqueiros y Torres Andria-Manantena Landa, S.C. Bokang Makututsa Lauren Low Olivia Alberte Rajerison Messrs Zain & Co. Luis Francisco Núñez Garrido Mamosa Mohlabula-Nokana Cabinet d’Avocats Rajerison Hui Ming Teh Sanchez, Nuñez y Asociados, Nthoateng Russel Bebisoa Zafindravaka Solidiance S.C. Lindiwe Sephomolo Cabinet John W. Ffooks & Co. Alan Tirzo Ramírez Cassaza Sivabalah Nadarajah Federation of Women Messrs Shearn Delamore & Co Barrera, Siqueiros y Torres Lawyers Landa, SC Umar Oseni Tomas Thakalekoala International Islamic Fernando Rodríguez Cortina University Malaysia Barrera, Siqueiros y Torres LIBERIA Landa, S.C. Mohamedu F. Jones Ming Wang Lim Messrs Zain & Co. Luis Adrián Rosas Ortega Liberian Legal International Barrera, Siqueiros y Torres Inc. Hakimah Yaacob Landa, S.C. International Shariah Research Academy for Islamic Finance Paola Sánchez Hernandez (ISRA) Barrera, Siqueiros y Torres Landa, S.C. Cecilia Stahlhut Espinosa Barrera, Siqueiros y Torres Landa, S.C. Francisco Udave Treviño Santamarina y Steta, S.C. 188 Women, Business and the Law 2014 Acknowledgments MOLDOVA MOROCCO NETHERLANDS NIGERIA Gheorghe Avornic Moulay El Amine El Eugenie Nunes Adejumoke Ademiluyi Avornic & Partners Hammoumi Idrissi Boekel De Nerée N.V. Udo Udoma & Belo-Osagie Hajji & Associés Marin Domente Rekha Rambali-Jhagroe Joseph Eimunjeze Avornic & Partners Reda Gzouli Schut van de Ven Udo Udoma & Belo-Osagie Cabinet Gzouli & Associés Notariskantoor B.V. Alexandru Munteanu Mary Ekemezie Intreprinderea Amin Hajji Nanouck Schmeitz Udo Udoma & Belo-Osagie cu Capital Strain Hajji & Associés Boekel De Nerée N.V. PricewaterhouseCoopers Folake Elias Adebowale Ali Lachgar Essahili Udo Udoma & Belo-Osagie Legal SRL Lachgar Essahili Law Firm NEW ZEALAND Ilona Panurco Phillipa Muir Ibiyemi Fashina PricewaterhouseCoopers Aatifa Timjerdine Simpson Grierson MacStellos Consulting Legal Association Démocratique des Femmes du Maroc Oluwabukola Iji NICARAGUA SPA Ajibade & Co. MONGOLIA Blanca Paola Buitrago Molina MOZAMBIQUE García & Bodán Kafayat Jumoke Lambo Otgon Altankhuyag Amina Abdala Udo Udoma & Belo-Osagie GLM-Gabinete Legal Karen Amelia Cerrato Odonchimeg Chuluunbat Espinoza Nkeiruka Mgbeoji National Center Against Moçambique Alvarado y Asociados Blackfriars LLP Violence Eduardo Calú Sal & Caldeira, Advogados, Yuri Fernando Cerrato Ozofu Ogiemudia Enkhjargal Davaasuren Espinoza Udo Udoma & Belo-Osagie National Center Against Lda. Alvarado y Asociados Violence Edurne Monreal Garcés Osai Ojigho Luz Marina Espinoza Ruiz Alliances for Africa Munkhsaruul Mijiddorj Gimina Mahumana Alvarado y Asociados National Center Against Sal & Caldeira, Advogados, Olaoye Olalere Violence Lda. Azahalia Solìs Román SPA Ajibade & Co. Movimiento Autónomo de Muugi Diana Ramalho Adebisi Oyelade Mujeres National Center Against Sal & Caldeira, Advogados, F.O. Fagboghungbe & Co. Violence Lda. Carlos Eduardo Téllez Páramo Folakemi Praise García & Bodán Arvintaria Nordogjav Margsolu Legal Practitioners National Center Against NAMIBIA & Consultants Nekwaya Eliaser NIGER Violence Government Attorney Office Balkissa Dialo NORWAY Bolormaa Volodya Association des Femmes Petrine Hango Berit Stokke Grata Law Firm Juristes du Niger à Niameyt Titus Ipumbu Legal Thommessen Practitioners Wassa Djataou MONTENEGRO SWAA-Niger OMAN Jelena Danilovic NEPAL Ibrahim Djermakoye Kamilia Al Busaidy Karanovic & Nikolic Law Office Bidya Bhattarai Cabinet I. Djermakoye, Cutirs, Mallet-Prevost, Colt Jadranka Jerkovic Beyond Beijing Committee Avocats & Mosle LLP Karanovic & Nikolic Law Office Pratima Burma Ibrahim Haby Sarah Al Sharji Iva Paic Gandhi and Associates Coordination des ONG et Azzan Al Yahmadi Karanovic & Nikolic Law Office Associations Feminines Ankita KC Said Al Shahry Law Office Branimir Rajsic Nigeriennes (CONGAFEN) (SASLO) Karanovic & Nikolic Law Office Rishu Mulepati Gandhi and Associates PAKISTAN Rakshya Paudyal Zeeshan Ashraf Beyond Beijing Committee Meer & Hasan Surendra Pokharel Salim Hasan Meer & Hasan Laxmi Prabha Shrestha Beyond Beijing Committee Hina Hafeezullah Ishaq shaq & Sayed Deepak Raj Joshi Gandhi and Associates Wahid Khan Women Shade Balkrishna Sharma Farah Nawaz Azam Renuka Devi Sitaula Ishaq & Sayed Amir Siddiq Ishaq & Sayed Women, Business and the Law 2014 189 PANAMA PHILIPPINES PUERTO RICO (U.S.) SAUDI ARABIA Eliecer Almanza Carrasco Kenneth Chua Lourdes M. Rodríguez-Morera Shahd Abduljawwad Quisumbing Torres, member Bafakih & Nassief María Judith Arrocha de la Rosa firm of Baker and Mckenzie ROMANIA Arwa Aulaqi International Iulian Berbece Despacho Legal Arrocha de la Bafakih & Nassief Rosa Abogados (ADELAR) Leslie Dy POP PEPA SCA SyCip Salazar Hernandez & Alioune Dione Nelly Cedeño de Paredes Roxana Dobrila Ministère de la Femme Gatmaitan Gilescu & Partenerii Organo Judicial de l’Enfance et de Joan Mae S. To Flora Drăgan l’Entreprenariat Féminin PAPUA NEW GUINEA SyCip Salazar Hernandez & POP PEPA SCA Karim Fawaz Clayton Joseph Gatmaitan Ioana Dumitru Clyde & Co. Ashurst LLP Paolo Tolentino Popovici Nitu & Asociatii - Sara Khoja Jeff Shepherd Quisumbing Torres, member Attorneys at Law firm of Baker and Mckenzie Clyde & Co. Ashurst LLP International Luminita Gheorghe Derek Wood Wolf Theiss & Asociatii SENEGAL Ashurst LLP POLAND Boubacar Diakité Ileana Glodeanu Géni & Kébé SCP d’Avocats Wojciech Babicki Wolf Theiss & Asociatii PARAGUAY Miller, Canfield, W. Babicki, Magatte Fall Dieng Ysmael Reinerio Gaona Villaba A. Chełchowski i Wspólnicy Alexandra Măieț Aprevim Paraguay Sp. K. POP PEPA SCA Mohamed Dieng Géni & Kébé SCP d’avocats Alicia Marti Małgorzata Grzelak Smaranda Mandrescu Aprevim Paraguay Squire Sanders Świecicki POP PEPA SCA Yankhoba Ndiaye Krzesniak sp.k. Géni & Kébé SCP d’Avocats María Esmeralda Moreno Ruxandra Musat Moreno Ruffinelli & Asociados Monika Kamińska Wolf Theiss & Asociatii Ababacar Sadikh Niang University of Warsaw, Faculty Tribunal Regional de Romina Paiva Godoy Mirela Nathanzon Tambacounda of Law and Administration Gilescu & Partenerii Rodolfo G. Vouga Michal Niemirowicz-Szczytt Fakha Touré Vouga & Olmedo Abogados Vlad Neacsu Géni & Kébé SCP d’Avocats bnt Neupert Zamorska & Popovici, Nitu & Asociatii - Partnerzy S.C. PERU Attorneys at Law SERBIA Tania Díaz Delgado Grzegorz Piliszek Irina Sorescu Autonomous Women’s Center Universidad Católica San Dominika Wagrodzka CPE- Center for Partnership Pablo bnt Neupert Zamorska & and Equality Dragoslav Bijelić Partnerzy S.C. Law office Milošević Clea Guerra Cristina Vedel Centro de la Mujer Peruana Monika Wołłk-Łaniewska POP PEPA SCA Olga Cvejić Jančić Flora Tristan Singidunum University Mariola Wolska-Wasiak Mihai Vlasceanu Belgrade, Faculty of European Claudia Cecilia Morán Morales Squire Sanders Świecicki Wolf Theiss & Asociatii Legal and Political Studies- Poder Judicial de Perú Krzesniak sp.k. Novi Sad Ana María Olguín Britto RUSSIAN FEDERATION Malgorzata Zamorska Jovana Tomić Universidad Católica San bnt Neupert Zamorska & Valery Getmanenko Živković Samardžić Law Office Pablo Partnerzy S.C. Yulianna Vertinskaya Milica Vesic Lidia Vilchez Garcés Joksovic, Stojanovic and Estudio Ferrero Abogados PORTUGAL Partners RWANDA Maria Shearman de Macedo AMCV Pamela Abbott University of Aberdeen Maria Da Gloria Leitão Cuatrecasas, Gonçalves Désiré Kamanzi Pereira ENSafrica Rwanda Ricardo Lopes Frank Karemera Franco Caiado Guerreiro & Kigali Allied Advocates Associados Alvin Mihigo Paula Luz R & Partners Law Firm Tânia Pinheiro Vera Nkwate Ngassa Franco Caiado Guerreiro & Hervé Ntege Associados ENSafrica Rwanda 190 Women, Business and the Law 2014 Acknowledgments SIERRA LEONE SOUTH AFRICA SWEDEN TOGO Aiah Allieu Richard Bollaert Roks, The National Ehonam Yvette Gamisso Ministry of Justice, Sierra Nowitz Attorneys Organisation for Women’s SCP Aquereburu & Partners Leone and Young Women’s Shelters Chantelle de Sousa John Kallon Soliticitors’ International Geraldine R. Bjallerstedt TUNISIA Ministry of Labor and Social Human Rights Group Béchir Ghachem Security, Sierra Leone Melanie Gutman GLA Karen Fulton Victor Massaquoi Bowman Gilfillan Inc. Ajda Hosseini Wael Haffar Livelihood Program for Jonas Lindbald Aziz Sammoud Disadvantaged Youth Chantal Kur The Mediation Clinic and Advokatfriman Vinge KB     CAG Law Firm Monfred Momoh Sesay Divorce Mediations Åsa Torkelsson Ministry of Justice, Sierra TURKEY Leone Lusanda Raphulu Nebahat Akkoc Bowman Gilfillan Inc. SWITZERLAND KAMER Charles Vandi Kecia Barkawi Ministry of Social Welfare, Ziona Tanzer |Valueworks AG Duygu Alkan Gender and Children’s Affairs, ADMD - Mavioglu & Alkan Sierra Leone SPAIN Caroline Raeber-Piraud Law Office Enrichetta Sandra Bellini Valueworks AG Fornera Susen Aklan SINGAPORE Peter Reinert Serap Zuvin Law Offices Jean Gan Business and Professional Baker & McKenzie Zurich Association of Women for Women International (BPW) Ayca Bayburan Action & Research (Aware) Virginia de la Cuadra Galera TAIWAN, CHINA ADMD - Mavioglu & Alkan Sophia Hsieh Law Office Lay Lian Kee Ivette Garrido Gea Rajah & Tann LLP Tsar & Tsai Law Firm, member Deniz Bayram Gómez-Acebo & Pombo of Lex Mundi Mor Cati Women’s Shelter Michelle Lee Lourdes Martín Flores Foundation Rajah & Tann LLP Melanie Lo Uría Menéndez Lee, Tsai & Partners, Burak Benli Corinna Lim Amparo Martínez Miró Attorneys-at-Law Association of Women for Duygu Beyazo Action & Research (Aware) Isabel Rodríguez Leon TAJIKISTAN Serap Zuvin Law Offices Uría Menéndez Aisanat Safarbekkyzy Francis Xavier Eda Berat Deniz Rajah & Tann LLP Pablo Santos Fita Grata Law Firm ADMD - Mavioglu & Alkan Gómez-Acebo & Pombo Kanat Seidaliev Law Office SLOVAK REPUBLIC Julio Soler Grata Law Firm Ayse Nur Gedik Iveta Abelovská KAMER Abelovsky & Sulva Legal s.r.o. SRI LANKA TANZANIA Hilda S. Dadu Melis Oget Koc Ľudmila Dohnalová Sharmela de Silva Serap Zuvin Law Offices CHSH Šiška & Partners s.r.o. Tiruchelvam Associates Tanzania Women Lawyers Association (TAWLA) Batuhan Sahmay Igor Šváby Savitri Goonesekere Bener Law Firm B & S Legal s.r.o. University of Colombo Khalifa Kiango Zenith Attorneys Zeynep Serim Maroš Terkanič Shamalie Jayatunge Bener Law Firm Abelovsky & Sulva Legal s.r.o. Tiruchelvam Associates Mectrida Rweyemamu Zenith Attorneys Pelin Tırtıl Ramani Muttettuwegama Bener Law Firm SLOVENIA Tiruchelvam Associates THAILAND Damijan Gregorc Ali Yurtsever Law firm Miro Senica and Rachanatorn Laohaphan SUDAN Price Sanond Prabhas & ADMD - Mavioglu & Alkan attorneys, d.o.o. Law Office Yassir Ali Wynne Suzana Kralijić AIH Law Firm Serap Zuvin Vomramai Patomrat Aziza Ismat Hassanien Price Sanond Prabhas & Serap Zuvin Law Offices AIH Law Firm Wynne Fayha Sanosy Aroonee Sirivadhna AIH Law Firm Association for the Promotion of the Status of Women Rayan Ati Omer Abdelati Law Firm Pramote Srisamai Deacons Andrew Wynne Deacons Women, Business and the Law 2014 191 UGANDA UNITED ARAB VENEZUELA, RB YEMEN, REP. Primah Atugonza EMIRATES Pedro Pablo Calvani Abbo Abdulkader Al-Hebshi Masembe, Makubuya, Adriko, Raya Abu Gulal Advocacy & Legal Karugaba & Ssekatawa Dorialbys De La Rosa Consultations Office (ALCO) Advocates Preeti Tolani COFAVIC Gamal Mohammed Aljabi Gilberto Jorge Stella Biwaga UNITED KINGDOM Palacios, Ortega y Asociados Aljabi Firm Uganda Association Anne-Marie Glover of Women Lawyers Gehad Al-Sanabani Coram Chambers Gabriela Longo V. Q&A Law Office (FIDA-Uganda) Palacios, Ortega y Asociados Michael Leftley Nabil Alshami Charles Kalumiya Addleshaw Goddard LLP Georgina Morales Landazábal Kampala Associated LSC Advocates Tarai Makawa Liliana Ortega Mendoza Noora Al-Wali Peters & Company Solicitors COFAVIC Law Offices of Sheikh Tariq Brigitte Kusiima Shonubi, Musoke & Co Deborah Manoovaloo José Manuel Ortega Pérez Abdullah Advocates Jessamine Palacios, Ortega y Asociados Ahmed Arman Rachel Musoke Dinu Suntook Luis Esteban Palacios Muath Saleh Masembe, Makubuya, Adriko, Addleshaw Goddard LLP Palacios, Ortega y Asociados Dr. Hamzah Shaher Law Firm Karugaba & Ssekatawa Ricardo Rojas Gaona Advocates UNITED STATES Rojas Gaona & Bandres ZAMBIA Emma Ssali Hdeel Abdelhady Jay Mutale Chisanga MassPoint Legal and Strategy Uganda Association VIETNAM Corpus Legal Practitioners of Women Lawyers Advisory PLLC Thi Hien Bui Mabvuto Sakala (FIDA-Uganda) Areej Faiz Kelvin Chia Partnership Corpus Legal Practioners UKRAINE Demian McGarry Andrew Lai Beatrice Simwapenga McGarry Law Firm, PLLC Kelvin Chia Partnership Hamusonde Oleksiy Kononov University of Buraimi Elena Paraskevas-Thadani Matthew Matheson Littler Mendelson DFDL Mekong Law Group ZIMBABWE Syatoslav Kushnir Precious Chakasikwa Mary Rothwell Davis Thanh Nguyen Tran Vitaly Makhinchuk Sanctuary for Families Center DFDL Mekong Law Group Slyvia Chirawu Gestors for Battered Women’s Legal Women and Law In Southern Services Vu Anh Thu Africa Valeriya Malaya Mayer Brown JSM (Vietnam) Volodymyr Monastyrskyy Michael Stone Chatapiwa Malaba Dang Thi Tuong Vi LLC Salans PBC Partners Nyasha Timba URUGUAY Kantor and Immerman Oksana Orlova Álvaro Carrau Benjamin Yap LLC Salans Estudio Bado, Kuster, Zerbino PBC Partners Peter Zenon Teluk & Rachetti Squire, Sanders Ukraine LLC WEST BANK AND GAZA Guillermo Duarte Andriy Tsvyetkov Bergstein Abogados Maha Abu Dayyeh Gestors Women’s Center for Legal Aid Analía Fernández and Counselling Bergstein Abogados Ashraf Abu Hayyeh Women’s Center for Legal Aid UZBEKISTAN and Counselling Anvar Ikramov Ashur Law Firm Mohanad Kababji Kababji Law Office Sayora Khakimova Sasol Synfuels International Luna Orayquat Nodir Yuldashev Grata Law Firm 192 Women, Business and the Law 2014 Women, Business and the Law 2014 examines laws and regulations affecting women’s prospects as entrepreneurs and employees. The report’s quantitative indicators are intended to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion. wbl.worldbank.org ISBN 978- 1- 4729- 0643- 4 90100 9 781472 906434