Legal Pathways to Boost Women's Labor Force Participation in the Middle East and North Africa Region  1 2 UNLOCKING POTENTIAL © 2025 The World Bank Group 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org This work is a product of the staff of The World Bank Group. “The World Bank Group” refers to the legally separate organizations of the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), and the Multilateral Investment Guarantee Agency (MIGA). While believed reliable, the World Bank Group does not guarantee the accuracy, reliability or completeness of the content included in this work, or for the conclusions or judgments described herein, and accepts no responsibility or liability for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content whatsoever or for reliance thereon. 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All queries on rights and licenses should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; e-mail: pubrights@worldbank.org. Publication design: Dania Kibbi. Attribution — Please cite the work as follows: “World Bank. 2025. Unlocking Potential: Legal Pathways to Boost Women’s Labor Force Participation in the Middle East and North Africa Region. Washington D.C.: World Bank.” Acknowledgements This publication was authored by Nour Elashmawy and Mahmoud Elsaman, with input from Julia Braunmiller, Emilia Galiano, and Jonna Lundvall. The publication benefited from comments provided by the following peer reviewers: Tazeen Hasan, Gharam Alkastalani Dexter, and Dorina Peteva Georgieva. The work was conducted under the general guidance of the Women, Business and the Law Manager Tea Trumbic and the Poverty and Equity Global Practice Manager Salman Zaidi. This work served as a background note to inform the MENA Regional Gender Action Plan 2025-2030 that provides a roadmap for the WBG to contribute to meaningful, measurable change for women’s agency, economic activity and gender equality in the region. The Action Plan identifies expanding women’s economic activity as a key objective for the WBG to focus on for the next five years, with five priority areas as building blocks towards this: employment; entrepreneurship & assets; inclusive service delivery; care; and gender-based violence. Addressing the restrictive regulatory framework and social norms environment are considered cross-cutting enablers that are important across priority areas. Table of Contents 3 Table of Contents 01. Introduction.................................................................................................................................................................. 5 02. Legal Barriers to Women’s Economic Participation in MENA............................ 9 Removing Legal Barriers for Women Entering the Workforce........................................... 12 Guaranteeing Women’s Ability to Get a Job....................................................................................................12 Prohibiting Gender-Based Discrimination During Recruitment Processes...................................13 Offering Flexible Work Arrangements................................................................................................................. 14 Fostering Equal Access to Well-Paid Jobs and Economic Opportunities................ 16 Gender-Based Discrimination in Employment...............................................................................................16 Ensuring Pay Equity........................................................................................................................................................ 17 Prohibition of Women’s Work in Some Economic Sectors.....................................................................18 Sexual Harassment in the Workplace..................................................................................................................19 Supporting Women to Remain in the Workforce After Having Children.................. 20 Ensuring Access to Adequate Maternity Leave........................................................................................... 20 Including Men and Fathers in Caregiving..........................................................................................................21 Prohibiting the Dismissal of Pregnant Women..............................................................................................22 03. Conclusion.................................................................................................................................................................. 25 04. References.................................................................................................................................................................. 27 Annexes.................................................................................................................................................................................... 31 ANNEX 1: Job restrictions in the MENA region...................................................................................................31 ANNEX 2: Job restrictions by industry in the MENA region.......................................................................32 ANNEX 3: WBL 2024 indicators..................................................................................................................................33 ANNEX 4: Illustrative Selection of WBL Legal Frameworks Data for the MENA Region..........34 ANNEX 5: Illustrative Selection of WBL Supportive Frameworks in the MENA Region.......... 36 01 Introduction Introduction 5 Gender inequality persists as one of the most critical challenges worldwide, affecting nearly half of the global population. Women globally still have less than two-thirds of the legal rights afforded to men, leaving approximately 3.9 billion women facing legal barriers that hinder their economic participation (World Bank 2024b). This gap is even more striking in the Middle East and North Africa (MENA) region, where women have just slightly more than one-third of the legal rights afforded to men (World Bank 2024b). Gender disparities in labor force participation and unemployment rates highlight significant untapped opportunities for the MENA region. In 2023, the region exhibited gender gaps in labor force participation of 33 percentage points among youth and 61 percentage points among adults—both more than double the global averages (ILO 2024). Unemployment rates further underscore these challenges, with the rate for adult women in the MENA region nearly 9 percentage points higher than for men, a sharp contrast to the global average gender gap of just 0.4 percentage points. For youth, the gender unemployment gap stood at 14.2 percentage points, significantly exceeding the global average gap of 0.6 percentage points (ILO 2024). These gaps represent a systemic barrier to realizing the region’s full economic potential. The IMF estimates that increasing female labor force participation by 5.9 percentage points—equivalent to the average reduction achieved by the top 5 percent of economies between 2014 and 2019—could lead to a GDP growth of approximately 8 percent in emerging and developing economies (IMF 2024). Furthermore, a study focusing on the MENA region found that reducing gender disparities could result in long-term gains, increasing GDP per capita in a typical MENA economy by around 50 percent (Fiuratti, Pennings, and Torres 2024). These findings underscore the importance of identifying and addressing the structural barriers that hinder women’s economic participation. Laws, regulations, and policies play a pivotal role in shaping opportunities, either fostering or limiting progress toward gender equality. Women, Business and the Law (WBL), a flagship project of the World Bank Group, provides data and tools that help evaluate these barriers and guide evidence-based reforms. Since its inception in 2009, WBL offers annually updated datasets with measurable benchmarks for progress and informs global policy discussions. Covering 190 economies, the dataset evaluates ten indicators— Safety, Mobility, Workplace, Pay, Marriage, Parenthood, Childcare, Entrepreneurship, Assets, and Pension (Figure 1)—structured around the life cycle of a working woman (Annex 3). Figure 1: WBL 2024 indicators SAFETY WORKPLACE MARRIAGE CHILDCARE ASSETS Analyzes laws and Analyzes laws and policies Assesses constraints Analyzes the availability, Considers gender policies protecting affecting women’s to women’s marriage affordability and quality differences in property women from violence decisions to work and divorce of childcare services and inheritance MOBILITY PAY PARENTHOOD ENTREPRENEURSHIP PENSION Examines constraints on Measures laws and Examines laws and Analyzes constraints on Assesses laws and freedom of movement policies that affect policies impacting women’s starting and mechanisms affecting women’s pay working parents running a business women’s pension Source: Women, Business and the Law team 6 UNLOCKING POTENTIAL The WBL 2024 report, the tenth in the series, introduces two significant updates: two new indicators measuring progress on the critical areas of women’s safety and access to quality and affordable childcare, as well as new measures to assess the extent to which governments have put in place supportive frameworks to facilitate and promote the effective implementation of the laws.1 The supportive frameworks measures are based on an analysis of instruments designed to support the implementation of laws, such as national policies and action plans, institutions in charge of monitoring and implementing laws, access to justice measures, government programs and services, and collection and publication of sex-disaggregated data. Research demonstrates that more equal laws correlate with better wages, more women-owned businesses, and greater representation in leadership roles (Goldin 2023). Globally, there is a positive correlation between the WBL Index and the female labor force participation (FLFP) rate in 2023 (Figure 2). However, in the MENA region we find a less clear correlation and more outliers. For example, in Qatar the FLFP rate is quite high, but legal gender equality is very low level. We also find cases where the WBL Index has risen steadily— indicating progress in legal gender equality—yet female labor force participation has remained stagnant or even declined. While there has been some progress related to legal reforms, the MENA region is experiencing continuous low levels of economic growth and job creation (World Bank 2024d) which directly impacts the female labor force participation rates. Seeing the impact of legal reforms reflected in FLFP rates can also take some time. Getting more women into the labor force is a complex matter that requires a multifaceted approach, including robust legal frameworks that not only promote gender equality but also ensure compliance in practice, alongside effective implementation mechanisms and broader governance measures (Behr et al. 2023; Santagostino, Marekera, and Gnakra 2023). Figure 2: Female labor force participation rate and WBL index in 2023 100 MLT 90 ARE 80 MAR DJI SAU 70 TUN BHR DZA WBL Index 60 LBN EGY LBY 50 JOR IRQ 40 SYR OMN KWT IRN 30 YEM QAT 20 10 0 0 10 20 30 40 50 60 70 80 90 100 Female Labor Participation Force (15-64) Source: Women, Business and the Law historical database and World Development Indicators Note: The MENA region countries’ economy code are as follow: Algeria (DZA), Bahrain (BHR), Djibouti (DJI), Egypt, Arab Rep. (EGY), Iraq (IRQ), Iran, Islamic Rep. (IRN), Jordan (JOR), Kuwait (KWT), Libya (LBY), Lebanon (LBN), Malta (MLT), Morocco (MAR), Oman (OMN), Qatar (QAT), Saudi Arabia (SAU), Syria (SYR), Tunisia (TUN), United Arab Emirates (ARE), West Bank and Gaza (PSE), Yemen (YEM). The FLFP rate (15-64) for West Bank and Gaza in 2023 is not available. 1 Data in Women, Business and the Law 2024 are current as of October 1, 2023. Introduction 7 In recognition of this pressing need, the objective of this brief is to provide an evidence-based analysis of legal and policy barriers affecting women’s economic participation in the MENA region and to offer actionable recommendations for policymakers to accelerate gender equality reforms. It sheds light on the critical gender disparities persisting in the MENA region and their profound implications for economic development.2 By leveraging insights from the WBL dataset, this brief identifies key legal constraints, evaluates reform progress, and highlights priority areas for targeted policy action. It examines the legal and policy barriers hindering women’s economic participation and highlights actionable recommendations to promote gender equality. The brief emphasizes the urgency of addressing these challenges and the transformative potential of comprehensive reforms in unlocking economic growth and empowering women across the region. By providing a structured analysis, this brief equips policymakers, development organizations, and civil society with the necessary data and insights to design and implement effective legal and policy reforms that foster women’s economic participation. This effort is particularly timely, aligning with the World Bank’s recently launched Gender Strategy (2024– 2030), which prioritizes elevating human capital and expanding economic opportunities as one of its three core strategic objectives (World Bank 2024a). The findings also inform and complement broader policymaking efforts, particularly in shaping national legal frameworks and enforcement mechanisms. It also informs and complements the Regional Gender Action Plan (2025–2030), which focuses specifically on addressing the unique challenges in the MENA region, in particular those holding back female labor force participation. Notably, this plan emphasizes improving workplace conditions, creating incentives to enhance women’s employment and entrepreneurship opportunities. To provide a comprehensive analysis, this brief categorizes the legal impediments to women’s participation in formal employment, which is subject to legal and regulatory frameworks, into three key areas: first, the legal barriers preventing women from entering the workforce; second, the legal and policy frameworks to address discrimination and inequities they face within the workplace once employed; and third, the laws and implementing mechanisms that support women who wish to remain in the workforce, particularly as mothers. While not exhaustive, this brief aims to highlight the most pressing legal challenges impacting women’s ability to enter, thrive in, and remain in the workforce, paying particular attention to areas where targeted reforms could drive meaningful progress. 2 In economies affected by fragility, conflict, and violence (FCV), such as Syria and Yemen, the capacity for legal reform is significantly constrained. The instability in these contexts exacerbates gender disparities, limiting women’s access to employment and economic resources. Additionally, the presence of large populations of internally displaced persons (IDPs) introduces further challenges, as displaced women often face heightened legal and practical barriers to workforce participation, property ownership, and social protection. While these issues are critical to understanding the broader landscape of gender inequality in the region, they fall beyond the scope of this brief, which focuses on legal frameworks and reform efforts in more stable environments. Addressing these challenges requires targeted policy interventions that account for both conflict-driven vulnerabilities and systemic legal inequalities. Legal Barriers to Women’s 02 Economic Participation in MENA Legal Barriers to Women’s Economic Participation in MENA 9 According to the Women, Business and the Law 1.0’s 53-year legal panel data set, which reflects the historical data for the legal framework questions of all indicators since 1970, the MENA region has experienced a significant improvement, with its average regional score increasing from 29.6 in 1971 to 34.4 in the early 2000s and 54.7 in 2024 (Figure 3). Reform efforts in the MENA region remained slow until 2010. Since then, a total of 112 reforms have been introduced, far surpassing the 78 reforms enacted over the four decades between 1970 and 2009. However, progress has been uneven across indicators. Most reforms in the MENA region have focused on laws affecting women’s participation in the labor force. This is reflected in the fact that Workplace and Parenthood are among the most reformed indicators, with 45 and 31 reforms, respectively. In contrast, laws related to asset ownership remain among the most challenging areas for reform, with only two changes enacted under the Assets indicator since 1970. Despite this progress since 2010, the MENA region continues to lag other regions globally, in particular when taking into account the new measures introduced in the Women, Business and the Law 2024 2.0 index,3 Safety and Childcare (with a 38.6 average score).4 Figure 3: WBL 1.0 index and progress over time 100 90 80 70 WBL 1.0 Index Score 60 50 40 30 20 10 0 1970 1980 1990 2000 2010 2020 2022 East Asia & Pacific Europe & Central Asia High income: OECD Latin America & Caribbean Middle East & North Africa South Asia Sub-Saharan Africa Source: Women, Business and the Law historical database 3 The addition of Childcare and Safety indicators, along with methodological refinements across all indicators, significantly altered the observed legal landscape for women’s economic inclusion. These revisions led to an average reduction of approximately 14 points in economies’ scores. 4 Indicator-level scores are calculated by taking the simple average of the binary question responses within each indicator and scaling the result to 100. An economy’s overall score is determined by averaging its indicator scores. A maximum score of 100 signifies that men and women have equal rights and opportunities across all measured areas. 10 UNLOCKING POTENTIAL Similar to the WBL 1.0 index, under the current WBL 2.0 index, none of the 20 economies examined in the region5 received a score of 100 in the legal frameworks index. The highest average score in the region is observed in Malta, at 77.5, followed by the United Arab Emirates, at 62.5; while the lowest scores are found in the West Bank and Gaza and Yemen, at 15 each (Figure 4). Figure 4: WBL 2.0 legal frameworks score (0-100) in the MENA region, by economy WBL 2.0 Legal Frameworks Score (0-100) 77.5 62.5 Global average (64.2) 60.0 50.0 50.0 45.0 45.0 42.5 40.0 40.0 37.5 MENA average (38.6) 32.5 32.5 32.5 30.0 22.5 22.5 20.0 15.0 15.0 Malta United Morocco Djibouti Saudi Bahrain Tunisia Jordan Algeria Lebanon Egypt Iraq Libya Oman Syria Iran Qatar Kuwait West Yemen Arab Arabia Bank and Emirates Gaza Source: Women, Business and the Law 2024 database The same applies to the performance of the MENA region regarding the supportive frameworks scores, where three economies perform better than the global average (39.5). These economies are Malta (58.3), Jordan (50) and Morocco (45). The lowest performance is found in Syria (9.2) and Yemen (3.3) (Figure 5). The supportive frameworks indicate the instruments used to support the implementation of the legal frameworks such as national policies, institutions, access to justice measures, programs and services, and availability of data. Figure 5: WBL 2.0 average supportive frameworks score in the MENA region, by economy WBL 2.0 Supportive Frameworks Score (0-100) 58.3 50.0 45.0 Global average (39.5) 36.7 35.0 27.5 26.7 26.7 MENA average (24.9) 24.2 21.7 20.8 18.3 17.5 17.5 17.5 15.8 15.0 11.7 9.2 3.3 Malta Jordan Morocco Saudi Bahrain Tunisia Djibouti Egypt United Iran West Kuwait Iraq Lebanon Qatar Oman Algeria Libya Syria Yemen Arabia Arab Bank Emirates and Gaza Source: Women, Business and the Law 2024 database 5 According to the World Bank classification, the MENA region is composed of the following 20 economies: Algeria, Bahrain, Djibouti, Egypt, Arab Republic, Iran, Islamic Republic, Iraq, Jordan, Kuwait, Lebanon, Libya, Malta, Morocco, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, Tunisia, United Arab Emirates, West Bank and Gaza, Yemen, Republic. See, https:/ / datahelpdesk.worldbank.org/knowledgebase/articles/906519-world-bank-country-and-lending-groups Legal Barriers to Women’s Economic Participation in MENA 11 The MENA region’s performance also varies significantly across the legal and supportive frameworks indicators. Regarding the legal frameworks, the highest average scores are observed in the Pension (61.3) and Pay (50) indicators, while the lowest scores are recorded in the Marriage (28.8), Assets (28.8) and Safety (22.5) indicators (Figure 6a). The indicators with the highest gaps (the difference between the highest and lowest score in the MENA region) are Pay, Parenthood, Mobility, Childcare and Marriage and the indicator with the smallest gap is Entrepreneurship. The highest gaps in the supportive frameworks scores in the region are observed in the Mobility, Marriage, Safety, Childcare, Entrepreneurship and Pay indicators (Figure 6b). This underlines the lack of the needed policy instruments to implement gender equality laws. Figures 6a and 6b: WBL 2.0 average, highest and lowest legal and supportive frameworks scores in the MENA region, by indicator 100 100 WBL 2.0 Supportive Frameworks Score (0-100) 90 90 WBL 2.0 Legal Frameworks Score (0-100) 80 80 70 70 61.3 63.3 60 60 50.0 50 50 48.3 45.0 40 38.8 38.8 38.8 40 33.8 30 28.8 28.8 30 22.5 22.5 22.5 20.0 20.0 18.3 17.5 20 20 10 10 8.3 8.3 0 0 Mobility Pay Mobility Safety Safety Pay Pension Parenthood Childcare Entrepreneurship Workplace Marriage Assets Marriage Pension Childcare Entrepreneurship Parenthood Workplace Assets Average Score Highest Score Lowest Score Source: Women, Business and the Law 2024 database Lastly, economies in the region have not followed a unified pace of reform. Between 1971 and 2024, Malta and the United Arab Emirates topped the list of reformers, each implementing 22 reforms, followed by Saudi Arabia with 19 reforms, Bahrain with 16, and Jordan with 13. In contrast, Iran and Yemen registered only 2 reforms each, Qatar enacted 3 reforms, while Lebanon and the West Bank and Gaza achieved 5 reforms each. To further understand the dynamics of legal barriers to women’s economic participation in the MENA region, this section examines specific laws and regulations that restrict women’s opportunities. Building on the WBL indicators, which measure various aspects of legal frameworks, the analysis focuses primarily on labor laws due to their significant influence on women’s ability to enter, thrive in, and remain in the workforce. By highlighting the critical importance of addressing these laws and ensuring effective implementation mechanisms, the section aims to present key regional findings, shed light on the most pressing challenges, and showcase good practices where meaningful progress has been achieved. 12 UNLOCKING POTENTIAL Removing Legal Barriers for Women Entering the Workforce The legal barriers that prevent women from accessing jobs on equal terms with men are numerous, ranging from the ability to seek employment without the explicit approval of their husband, to the lack of protections from discrimination in recruitment processes. These can substantially hinder or disincentivize women from entering the workforce. The same is true for the lack of family-friendly policies such as flexible work options. Guaranteeing Women’s Ability to Get a Job The discussion on the legal barriers to women’s ability to participate in the workforce starts with assessing their ability to get a job in the same way as men. Laws requiring spousal consent undermine women’s economic autonomy and bargaining power, both within the household and in the labor market (Agarwal 1997). These restrictions not only curtail immediate access to economic opportunities but also impede long-term empowerment by limiting women’s freedom to pursue careers and earn an independent income (Gonzales et al. 2015). In contrast, eliminating such legal barriers fosters greater participation in paid employment, particularly in roles requiring higher education, thereby enhancing women’s financial independence and opportunities for career advancement (Hallward-Driemeier and Gajigo 2015). The importance of ensuring women’s equal rights to get a job is strongly emphasized in many international instruments. For instance, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) recognizes the right of women to work as an inalienable human right and mandates women’s right to free choice of profession and employment (Article 11 (1)). This provision reflects a core principle of gender equality by aiming to dismantle discriminatory practices that limit women’s economic participation and autonomy. Similarly, the Universal Declaration of Human Rights (UDHR) reinforces the same principle, affirming that everyone has the right to work and to freely choose their employment (Article 23). Eliminating discrimination against women in accessing jobs is not only a fundamental human right, as emphasized in CEDAW and the UDHR, but also an economic imperative. Legal barriers that restrict women’s entry into the workforce reinforce gender-based inequalities and hinder overall economic progress (Cornwall and Rivas 2015; Lemmon and Vogelstein 2017). In the MENA region, nine economies, out of 20 measured in WBL 2024, restrict women’s ability to get a job in the same way as men (Figure 7). These economies are Bahrain, the Arab Republic of Egypt, the Islamic Republic of Iran, Jordan, Kuwait, Qatar, Syrian Arab Republic, West Bank and Gaza, and Yemen. In these economies, married women who work against their husband’s wishes or the perceived interests of the family may be deemed disobedient, a designation that carries legal consequences, including the potential loss of their right to maintenance.6 6 The remaining economies in the region never had this restriction in place since 1970, except Malta (reform captured in WBL 1981), Morocco (reform captured in WBL 1997), and most recently, the UAE (reform captured in WBL 2021). Legal Barriers to Women’s Economic Participation in MENA 13 Figure 7: Economies in the MENA region that restrict women’s ability to get a job in the same way as men ALGERIA BAHRAIN DJIBOUTI 11 EGYPT IRAQ 9 IRAN YES LEBANON JORDAN LIBYA NO KUWAIT MALTA QATAR MOROCCO SYRIA OMAN WEST BANK AND GAZA SAUDI ARABIA YEMEN TUNISIA UNITED ARAB EMIRATES Number of Economies These legal frameworks, embedded in family and personal status laws rather than labor laws, shape decision-making dynamics within marital relationships by granting husbands significant authority over their wives’ ability to work outside the home. While these laws do not require employers to obtain spousal consent, they legally condition a woman’s right to work on her husband’s approval, a requirement that is further reinforced by social norms. Failure to obtain such consent does not result in employment restrictions per se but carries legal and financial consequences within the household, such as the loss of a woman’s right to maintenance—a financial obligation traditionally imposed on men in all economies in the region except Malta. In some jurisdictions, a husband’s refusal to grant permission can also serve as grounds for legal action, further restricting women’s autonomy in accessing formal employment. Reforming these laws is possible, with a notable example being the United Arab Emirates. Article 72 of the economy’s Personal Status Law, promulgated by Law No. 28 of 2005 and amended by Federal Decree No. 5 of 2020, has been revised to adopt gender-neutral language. The amended Article now states: “It is not a violation of the marriage responsibilities if either spouse leaves the house for work or other purposes . . .” Previously, Article 72 focused solely on justifications for women leaving their marital home. Prohibiting Gender-Based Discrimination During Recruitment Processes Another significant legal impediment to women’s workforce participation arises from gender-based discrimination during recruitment processes. Unlike barriers tied to women’s bargaining power within households, these challenges stem directly from biased practices by employers, who may discriminate based on factors such as age, marital status, or parental responsibilities. Gendered biases in recruitment and hiring based on marital status, parental status, and age present significant obstacles to women’s labor force participation (Gorman et al. 2005; Petit 2007; Goldin 2023). Studies show that married women of childbearing age and those with young children face disproportionately high levels of recruitment discrimination (Duguet et al. 2005; Sascha et al. 2019). Unlike men, women’s marital status is often viewed unfavorably by employers, negatively influencing hiring decisions (Nadler and Kufahl 2014). Mothers, in particular, are frequently perceived as less competent and less committed, which undermines their prospects in the labor market (Cortés and Pan 2020). Additionally, older women are more likely to encounter age-based hiring discrimination compared to their male counterparts (Button 2019). Therefore, addressing this issue requires robust enforceable legal frameworks that explicitly prohibit discriminatory practices, ensuring equal opportunities for women to access employment on fair and equitable terms. The need to eliminate pre-employment discriminatory practices is emphasized in numerous international instruments. CEDAW obligates States Parties to ensure women’s right to equal employment opportunities under the same selection criteria as men (Article 11(b)). Similarly, the ILO’s Maternity Protection Convention 14 UNLOCKING POTENTIAL No. 183 (2000) mandates measures to prevent maternity from becoming a source of employment discrimination, including in recruitment (Article 9). Additionally, the ILO’s Workers with Family Responsibilities Convention No. 156 (1981) highlights the importance of ensuring equality of employment opportunities for workers with family responsibilities, requiring States to enable such workers to participate in employment without discrimination (Article 3). Finally, the ILO’s Older Workers Recommendation No. 162 (1980) calls on States to promote equality of opportunity and treatment for older workers, advocating measures to prevent discrimination in employment and occupation. Despite the mandates of these international instruments, no economy in the MENA region, according to WBL 2024, explicitly prohibits recruitment discrimination based on marital status, parental status, and age (Figure 8). Morocco, however, has made a noteworthy step forward by issuing the Support Guide for Promoting Gender Equity in the Workplace (2022), which identifies various forms of discrimination that should be prohibited in recruitment processes, including those based on marital status, parental status, and age.7 Still, the Moroccan law has only introduced a binding prohibition against discrimination based on marital status, but not parental status or age. Figure 8: Number of economies in the MENA region where the law explicitly prohibits discrimination in recruitment based on marital status, parental status, and age Marital Status Parental Status Age 20 15 15 NO NO NO 5 5 YES YES 0 YES Number of Economies Source: Women, Business and the Law 2024 database Nevertheless, it is imperative to embed these prohibitions into binding legal instruments. One relevant good practice example is Türkiye’s Law on the Human Rights and Equality Institution of Türkiye which explicitly prohibits any discrimination based on age, parental or marital status, as well as race, color, religion, and wealth, throughout all employment processes (Articles 3 and 6). Such measures provide greater transparency and fairness for employees at all stages of their employment journey. Offering Flexible Work Arrangements Finally, enabling work-life balance through family-friendly policies is essential to support women’s access to employment on equal terms with men. Balancing work and family responsibilities often challenges women’s labor force participation, as the demands of one role can conflict with the other (Breaugh and Frye 2008; Sojo and Wood 2013). Flexible work arrangements,8 including remote work and flexible hours, play a pivotal role in addressing these challenges, allowing women greater control over their schedules and improving work-life balance (ILO 2022). Although available to all employees, women tend to rely on flexible working arrangements more frequently (Houkes and Rijk 2014; Vandello et al. 2013). Research shows that 7 The guide specifically instructs companies to refrain from asking about candidates about their marital or parental status during the recruitment process. 8 Flexible working arrangements encompass a range of work practices that provide employees with greater control over how, when, and where they work, within agreed-upon limits. These arrangements may include flexibility in start and end times, the ability to adjust the number of hours worked within a week, or alternative locations for carrying out work. Legal Barriers to Women’s Economic Participation in MENA 15 flexible work arrangements are among the top factors influencing women’s decisions to join or stay with an organization (Krivkovich et al. 2022; Field et al. 2023). International frameworks like the Beijing Declaration and Platform for Action (Strategic Objective F.6) and the EU Directive 2019/1158 underscore the need for flexible work arrangements to support employees. The EU Directive encourages member states to provide guidance and incentives to help small and medium- sized enterprises comply with flexible work-related obligations. Additionally, the ILO Workers with Family Responsibilities Recommendation, 1981 (No. 165), highlights the importance of improving working conditions by adopting such arrangements. Additionally, governments in economies such as Singapore, Sri Lanka, and New Zealand have implemented specific guidelines to facilitate flexible work arrangements in the private sector. For example, New Zealand requires employers to consider employee requests for modified work arrangements in good faith, including changes to workplace location, hours, or days (ILO 2022). In the MENA region, based on WBL 2024, only Saudi Arabia and the United Arab Emirates have incorporated flexible working arrangements into their regulatory frameworks (Figure 9). The United Arab Emirates allows employees to request flexible work arrangements, with the approval of their employer, through Article 17(6) of Federal Decree-Law that promulgates the Regulation of Employment Relationship. In addition, the Government of Dubai has issued a Guide for Women’s Remote Work Across the Public and Private Sectors. In Saudi Arabia, the Saudi Ministry of Human Resources and Social Development has issued the Procedural Guide for Remote Work. The Remote Work Program is one of the initiatives by the Ministry that aims at facilitating the employment of national talent in remote jobs without the need to be physically present at the company’s premises. Figure 9: Flexible work arrangements in the MENA region Does the law allow employees ALGERIA MALTA to request flexible work? BAHRAIN MOROCCO 19 DJIBOUTI OMAN EGYPT QATAR IRAN SAUDI ARABIA NO IRAQ SYRIA JORDAN TUNISIA KUWAIT WEST BANK AND GAZA UNITED ARAB EMIRATES YES 1 LEBANON YEMEN LIBYA Number of Economies Has the government published guidelines ALGERIA MALTA on flexible work arrangements? BAHRAIN MOROCCO 19 DJIBOUTI OMAN EGYPT QATAR IRAN SYRIA NO IRAQ TUNISIA JORDAN UNITED ARAB EMIRATES KUWAIT WEST BANK AND GAZA SAUDI ARABIA YES 1 LEBANON YEMEN LIBYA Number of Economies Source: Women, Business and the Law 2024 database 16 UNLOCKING POTENTIAL Fostering Equal Access to Well-Paid Jobs and Economic Opportunities Inclusive, diverse, and enabling workplaces are essential for advancing gender equality and unlocking broader economic benefits. They incentivize women to enter the labor market by reducing systemic barriers and fostering environments that support their professional growth. Such workplaces also challenge restrictive social norms, making it more socially acceptable for women to work, and increase the likelihood that women stay and thrive in their roles. These challenges are particularly acute in regions affected by economic slowdowns and conflict-related crises, where women face compounded barriers rooted in social expectations that prioritize men’s employment in times of scarcity. In some industries, particularly those perceived as male-dominated or unsuitable for women, these norms significantly limit women’s participation in productive sectors. By dismantling these barriers, inclusive workplaces not only empower women but also enhance business performance, drive innovation, and foster economic growth, as demonstrated by research on inclusive practices in the Mashreq region (World Bank 2024c). This section explores four critical barriers that undermine women’s participation and success in the workforce: gender-based discrimination, unequal pay, restrictive labor laws, and workplace sexual harassment. Restrictive labor laws include provisions that limit women’s ability to work during certain hours, in specific industries, or under certain conditions, often justified as protective measures. These laws, however, can reinforce stereotypes and reduce women’s access to economic opportunities. The section examines some of the legal and policy frameworks addressing these challenges, their impacts on women’s economic opportunities, and progress made in the MENA region and the persistent legislative gaps the region needs to address. Gender-Based Discrimination in Employment Gender-based discrimination in the workplace remains a significant barrier to women’s professional advancement (Button 2019; Cortés and Pan 2020; Gorman 2005; Nadler and Kufahl 2014; Porter 2000). For example, in the United States, four in ten working women report experiencing such discrimination (Parker and Funk 2017). Explicitly prohibiting gender-based discrimination through comprehensive legal frameworks can help mitigate the effects. Evidence demonstrates that such prohibition is associated with an 8.6% increase in women’s employment and access to better career opportunities (Amin and Islam 2015). International conventions have long recognized the need to eliminate gender-based discrimination in employment. For example, Article 2 of the ILO Discrimination (Employment and Occupation) Convention No. 111 of 1958 and Article 2 of CEDAW obligate State Parties to take prompt and effective measures to condemn and eliminate all forms of discrimination against women. In the MENA region, 15 economies have enacted legislation explicitly prohibiting gender-based discrimination in employment. For instance, in 2021, Kuwait enacted Ministerial Decree No. 177 of 2021 on Prohibiting Discrimination in Employment and Sexual Harassment at Workplace. The Decree prohibits discrimination based on factors such as sex, age, pregnancy, or social status in all aspects of work (Article 1). Still, this practice is missing in 5 economies in the region. These are Algeria, the Islamic Republic of Iran, Oman, Qatar, and Tunisia. Legal Barriers to Women’s Economic Participation in MENA 17 Ensuring Pay Equity Pay equity can also promote women’s economic inclusion. A recent study by the Economic Policy Institute on the United States reveals that women earn approximately 22% less than men on average,9 highlighting the slow progress in narrowing the gender pay gap over the past three decades (Elise Gould 2023). Ensuring equal remuneration for work of equal value is critical to addressing this issue. The ILO Equal Remuneration Convention No. 100 of 1951 establishes that women and men should receive equal compensation not only for performing identical or similar jobs but also for undertaking different roles of equivalent value. This value is assessed based on objective criteria, such as skills, effort, responsibility, working conditions, and qualifications. By applying these criteria, the principle of “equal pay for work of equal value” confronts the historical undervaluation of women’s labor. Despite many female-dominated and male-dominated sectors sharing comparable job characteristics, men remain overrepresented in higher-paying industries, while women are concentrated in lower-paying sectors. This disparity underscores the need for robust measures to promote pay equity (OECD 2021). The persistent wage disparity exacerbates women’s financial vulnerability and limits access to essential resources such as healthcare, education, and housing. Unequal pay also hinders career advancement, restricting women’s opportunities to secure leadership roles and higher-ranking positions (Reshi and Sudha 2023). Conversely, closing the gender pay gap has the potential to significantly enhance women’s economic prospects. For example, a study in the United States found that achieving pay equity could nearly halve the poverty rate among working women (Milli et al. 2017). Half of the economies in the MENA region explicitly incorporate the ILO’s principle of equal pay for work of equal value into their labor laws (Figure 10). For instance, Libya’s Labor Law No. 12 of 2010 prohibits discrimination in work of equal value on the basis of gender, race, religion, or color (Article 21), and prohibits preferential treatment for men over women in employment or remuneration for work of equal value (Article 24). Although this marks significant progress, the region is still only halfway toward full adoption of this principle. Figure 10: The percentage of economies in the MENA region that explicitly incorporate the ILO’s principle of equal pay for work of equal value into their labor laws EGYPT ALGERIA IRAN BAHRAIN KUWAIT DJIBOUTI LEBANON IRAQ OMAN JORDAN QATAR 50% NO YES 50% LIBYA SYRIA MALTA TUNISIA MOROCCO WEST BANK AND GAZA SAUDI ARABIA YEMEN UNITED ARAB EMIRATES Source: Women, Business and the Law 2024 database Furthermore, in order to effectively address wage disparities, legal mandates should be accompanied by robust transparency measures and enforcement mechanisms. These tools are essential for uncovering hidden inequities, ensuring compliance with equal pay laws, and fostering greater accountability within 9 The 21.8% wage gap represents the remaining disparity after controlling for variables such as race, ethnicity, education, age, and geographic division. This is often referred to as the “unexplained” portion of the wage gap, highlighting the factors that remain unaccounted for after adjusting for measurable differences. 18 UNLOCKING POTENTIAL labor markets. Confidential salary practices significantly contribute to the persistence of the pay gap by concealing wage differences, undermining women’s ability to negotiate effectively, and allowing inequities to go unnoticed (Janssen 2019; Kulow 2013). By introducing greater pay transparency, women are better equipped to identify salary discrepancies, expose unfair practices, and take informed actions to challenge these inequalities (Kulow 2013; Reshi and Sudha 2023). Key measures such as employer pay gap reporting, equal pay audits, certification programs, and gender- neutral job classification systems have proven effective in addressing discriminatory practices and strengthening the enforcement of equal pay laws (Finn 2023; OECD 2023). For instance, in the United Kingdom, public accountability mechanisms like “naming and shaming”—which involve publishing companies’ gender pay gaps or non-compliance with reporting obligations online—have been associated with a 100% compliance rate during the program’s first two years (OECD 2021). Saudi Arabia has implemented transparency measures aimed at addressing wage disparities. In 2013, the Saudi Ministry of Human Resources and Social Development launched the Wage Protection Program, designed to monitor wage payments for all male and female employees in private sector establishments, including both Saudi nationals and expatriates. The program aims to establish a comprehensive database of wage payment information and assess establishments’ compliance with timely and agreed-upon payments. Initially launched in June 2013 as a trial phase targeting large enterprises with 3,000 or more employees, the program expanded significantly by its eleventh phase in August 2017 to include establishments with 60 or more employees. This initiative has enhanced pay transparency, strengthened labor market accountability, and ensured timely and fairer remuneration, for all workers. Prohibition of Women’s Work in Some Economic Sectors Some laws prohibit women from working during certain times, such as nighttime hours, or in industries and roles deemed hazardous or unsuitable. Such limitations significantly curtail women’s professional opportunities and reinforce stereotypes about their capabilities. Historically, restrictions on women’s working hours and industries were introduced as protective measures, particularly for pregnant women, nursing mothers, and those in hazardous jobs. However, these measures often reflect outdated safety standards that limit women’s career choices and negatively impact female labor market participation. For instance, research from Taiwan demonstrates that restrictions on night work correlate with lower female labor supply (Zveglich and Rodgers 2003). Conversely, cross-country evidence indicates that allowing women to work at night increases their likelihood of attaining higher-ranking positions (Islam et al. 2018). Such restrictions also exacerbate job segregation, distort labor markets, suppress wages, and impede innovation and productivity (Blau and Kahn 2017). For example, during Russia’s transition to a market economy, legal barriers limiting women’s job options significantly widened gender earnings disparities (Ogloblin 1999, 2005). In contrast, equitable legal frameworks that support women’s participation in male-dominated industry contribute to balanced labor market outcomes and greater human capital development—needs that cannot be met by male labor supply alone (Rostiyanti, Hansen, and Harison 2020).10 Over time, there has been a notable shift from restrictive occupational health and safety policies to those promoting equality of rights and opportunities for all workers. This evolution has driven the revision or replacement of outdated standards governing industries and occupations across various sectors (ILO 2007, 2010). Modern approaches emphasize incorporating gender differences into policy development and prevention strategies to ensure inclusive and equitable protection for all workers (ILO 2013). These changes 10 The study focused mainly on the impediments that face women in the construction industry in Indonesia. Legal Barriers to Women’s Economic Participation in MENA 19 align labor regulations with contemporary principles of gender equality and economic inclusion, fostering environments that enable women to fully participate in the workforce. According to WBL 2024, women in 11 MENA economies have the legal right to work at night and in industrial jobs on equal terms with men (Tables A1 and A2). Additionally, in eight economies, women can take on jobs deemed dangerous without any restrictions. Bahrain, Jordan, Saudi Arabia, and the United Arab Emirates stand out for having eliminated all three types of restrictions, marking significant progress in advancing gender equality in the labor market. For example, Bahrain has made notable advancements in this area through a series of legal reforms. In 2019, it repealed Article 1(3) of Ministerial Order No. (32) of 2013, which had prohibited women from performing underground work or engaging in tasks involving significant or continuous physical exertion. This reform was introduced through Decision No. (84) of 2019. Subsequently, in 2020, Bahrain issued Decision No. (50) and Decision No. (51) of 2020, explicitly allowing women to be employed in the same roles as men, with restrictions applying only to pregnant and nursing women. Finally, in 2021, Bahrain repealed Articles 30 and 21 of the Labor Law No. 36 of 2012, which had previously restricted women’s work at night, through Decree- Law No. 16 of 2021. Sexual Harassment in the Workplace Numerous studies have assessed the impact of violence against women on female labor force participation (Box 1). Sexual violence alone, based on research conducted on the United States- is correlated with a 6.6% reduction in female labor force participation and a 5.1% reduction in wages (Sabia et al. 2013). Another analysis revealed a robust and statistically significant deterrent effect of sexual crimes on female labor force participation, concluding that a one standard deviation rise in sexual crimes per 1000 women, as reported by the police, decreases the likelihood that a woman is employed outside her home by 9.4% in India (Chakraborty and Lohawala 2021). Similarly, findings from an investigation where the number of assaults was reported by the media showed that a one standard deviation rise in local sexual assaults per 1000 people decreases the likelihood that a woman is employed outside her home by 5.5% in India (Siddique 2021). Beyond the adoption of laws, economies also need to put in place comprehensive implementing mechanisms such as national plans and policies, services for survivors of violence, training programs for the judicial and enforcement agencies, and special procedures to ease access to justice. Trainings on the response to gender-based violence offered to the police and prosecutorial units have shown a positive effect on the number of cases investigated (UN Women 2012). Studies also found that since regular court staff may not have the required skills to address gender-based violence cases which can result in delays, specialized courts or procedures are more able to provide efficient and timelier handling of cases (United Nations 2010). 20 UNLOCKING POTENTIAL In the MENA region, WBL 2024 found that 8 economies in the MENA region address sexual harassment in employment. These economies are Algeria, Egypt, Iraq, Lebanon, Malta, Morocco, Saudi Arabia, and United Arab Emirates. For instance, Jordan enacted Law No. 10 of 2023 that amended the labor code. It introduced the prohibition of sexual harassment in employment and imposed a monetary fine on the perpetrator. In addition, in order to combat gender discrimination, Jordan developed a guide to raise awareness of sexual harassment in the workplace including “(1) the preparation and adoption of a guiding policy relating to protection against violence and harassment in the world of work under which employers undertake to provide a safe and healthy work environment that is free from all forms of violence, threats of violence, discrimination, harassment, intimidation and any other abusive behavior; and (2) the introduction of a special clause into enterprise rules requiring them to adopt a policy on protection against violence and harassment in the world of work, in the absence of which the internal rules will not be validated by the labor inspectorate.” Box 1: Gender-Based Violence Violence against women is a serious violation of their human rights that can occur in many forms. The most widespread forms of violence are intimate partner violence (IPV) and non-partner sexual violence (WHO 2021). Gender-based violence results in substantial physical, mental, sexual and reproductive health problems for women on the short, medium and long terms (WHO 2021, WHO 2024). The cost of violence against women is equivalent to 3.7% of the GDP in some economies (World Bank 2019). In addition, it can indirectly affect the economy of an economy by shrinking human capital acquisition (Rees and Sabia 2012). As it can discourage women from entering the labor force, gender- based violence also has numerous negative economic effects such as lower female labor force participation (Ouedraogo and Stenzel 2024). Some studies find that women who suffer from IPV work in casual and part-time jobs and earn around 60% less than women who were not exposed to this type of violence (UN Women 2016). A study in Tanzania concluded that women who were exposed to some sort of abuse earned less than others (Vyas 2013). Supporting Women to Remain in the Workforce After Having Children The potential of motherhood can sometimes lead to perceptions that women are less suitable for leadership roles, less competent, or less committed to their careers. These biases may result in women receiving lower salaries and fewer advancement opportunities (Torres et al. 2024). Tackling these challenges requires robust legal and policy measures that protect and empower women. Key regulatory actions include safeguarding maternity leave rights, promoting shared caregiving responsibilities through access to paternity leave, and prohibiting the dismissal of pregnant women during and after pregnancy. Furthermore, access to affordable and quality childcare services, combined with these leave entitlements, is essential to enabling women’s full workforce participation and fostering gender equality (Box 2). Ensuring Access to Adequate Maternity Leave Evidence highlights a strong positive correlation between maternity leave policies and female employment (Del Rey et al. 2021). Access to paid maternity leave plays a pivotal role in increasing women’s labor force participation by facilitating their return to work and fostering a more equitable division of household responsibilities (Berger and Waldfogel 2004). The ILO Maternity Protection Convention No. 183 of 2000 establishes a global benchmark of a minimum of 14 weeks of paid maternity leave. Furthermore, the ILO recommends that maternity leave benefits be funded by the government rather than employers to minimize workplace discrimination. Research indicates that government-funded benefits are more effective Legal Barriers to Women’s Economic Participation in MENA 21 in supporting female employment, as employer-funded schemes can lead to biases against women of childbearing age (Amin and Islam 2022). For instance, maternity benefits financed through compulsory social insurance or public funds reduce the likelihood of employers discriminating against women (Thévenon and Solaz 2013). In the MENA region, only nine economies11 meet the ILO standard of providing at least 14 weeks of maternity leave and only five—Algeria, Iran, Jordan, Morocco, and Tunisia—fund maternity leave benefits through government schemes (Figures 11a and 11b). Oman is the most recent economy in the region to implement a reform lengthening leave duration, granting women 98 days of paid maternity leave (Article 98(1) of Labor Law No. 53 of 2023). This reform aligns with the ILO standard and represents a significant improvement from Oman’s previous practice under the expired 2003 Labor Code, which limited maternity leave to just 50 days. Figures 11a and 11b: Percentage of economies in the MENA region that provide at least 14 weeks of paid maternity leave (figure a) and percentage of economies in the MENA region that fund maternity leave benefits through government schemes (figure b) Is paid leave of at least 14 weeks Are leave benefits for mothers paid available to mothers? solely by the government? ALGERIA ALGERIA DJIBOUTI IRAN 45% IRAN 25% JORDAN YES IRAQ YES MOROCCO LIBYA TUNISIA MALTA 55% NO MOROCCO 75% NO OMAN SYRIA Source: Women, Business and the Law 2024 database Including Men and Fathers in Caregiving In addition to maternity leave entitlements for mothers, fostering greater equity in caregiving requires policies that actively engage fathers in household and childcare responsibilities from the start of parenthood. Globally, women disproportionately shoulder caregiving and household duties, often dedicating more time to unpaid care work than men. This disparity intensifies during infancy, with women’s caregiving responsibilities expanding significantly compared to men’s (Earle et al., 2023). Economies’ leave policies often allocate significantly longer leave durations to mothers than to fathers—or exclude fathers from leave altogether—thereby reinforcing societal norms that place the primary caregiving responsibility on women during infancy and early childhood (Baird et al., 2021). Research indicates that paid paternity leave can foster a more equitable distribution of caregiving responsibilities, helping to establish a balanced division of labor early in parenthood (Yavorsky, Qian, and Sargent, 2021). It enhances child health and developmental outcomes, supports women’s labor market participation, and contributes to long-term household financial stability (Andersen, 2018; Barry et al., 2023). Furthermore, narrowing the gap between maternal and paternal leave durations is linked to higher rates of female labor force participation (Hyland and Shen, 2022). However, even in economies with legislated paternity leave, fathers frequently do not 11 These economies are Algeria, Djibouti, the Islamic Republic of Iran, Iraq, Libya, Malta, Morocco, Oman, Syrian Arab Republic. 22 UNLOCKING POTENTIAL take advantage of it. This gap is attributed to persistent barriers such as discriminatory workplace practices, societal norms, and economic constraints (Duffy, Esch, and Yousef 2020). While international standards on the length of paid paternity leave remain absent (Booth, 2021), regional efforts such as the European Union’s Directive 2019/1158 have set benchmarks. This directive requires member states to offer a minimum of ten working days (14 calendar days) of paid paternity leave around the time of childbirth. Empirical studies suggest that fathers who take at least two weeks of leave are more likely to engage in childcare activities during their children’s early years than those who take less or no leave (Huerta et al., 2014; O’Brien, 2009). Promoting policies that provide equitable leave for both parents contribute to reducing caregiving imbalances and to fostering societal and economic progress. Paid paternity leave is an important component of this shift, enabling fathers to share caregiving responsibilities while supporting women’s participation in the workforce and enhancing family well-being overall. Paternity leave is not a novel concept in the MENA region, with 11 economies offering some form of leave for fathers (Figure 12). However, the duration varies significantly. For instance, the United Arab Emirates provides five days. Algeria, Jordan, and Morocco grant three days of paternity leave. Tunisia and Bahrain offer just one day. Nine economies in the region do not regulate paid paternity leave at all, which underscores the urgent need for more comprehensive and standardized approaches to promote equitable leave policies across the MENA region and worldwide. Figure 12: Paid paternity leave in the MENA region Number 2 1 1 5 2 9 of Economies ALGERIA DJIBOUTI JORDAN MOROCCO IRAN SAUDI ARABIA BAHRAIN MALTA OMAN UAE TUNISIA 14 Days 7 Days 5 Days 3 Days 1 Day No Paid Paternity Leave Source: Women, Business and the Law 2024 database Prohibiting the Dismissal of Pregnant Women Lastly, prohibiting the dismissal of pregnant women during their pregnancies and after childbirth is a critical measure necessary to address the challenges faced by working women. Employment protection during pregnancy and after childbirth can help ensure that women are not unfairly dismissed or discriminated against because of their biological ability to bear children (Behari 2021). The dismissal of pregnant workers may also indirectly harm mothers’ mental and physical health and lead to premature births (Hackney et al. 2021). This prohibition is highlighted in various international and regional instruments, such as, the ILO’s Maternity Protection Convention No. 183 of 2000 (Article 8), and the EU’s Directive 92/85/EEC on Pregnant Workers (Article 10). The prohibition of the dismissal of pregnant women is a well-established practice in eleven economies in the MENA region, according to WBL 2024. For instance, the Arab Republic of Egypt has prohibited the dismissal of pregnant workers since 2003 by virtue of Labor Law No. 12 of 2003 (Article 120). Similarly, Syria’s labor law No. 17 of 2010 adopted a comparable provision in 2010. More recently, other economies in the region have started to adopt the same practice in their national labor laws. For example, Saudi Arabia explicitly enacted such a prohibition in 2019 by virtue of Royal Decree M/134, the UAE followed in 2021 by Legal Barriers to Women’s Economic Participation in MENA 23 virtue of Federal Decree No. 33 of 2021, and Oman most recently implemented this provision in 2023 under its new labor law No. 53 of 2023. In summary, addressing the challenges faced by working mothers, particularly those related to maternity leave, caregiving responsibilities, and employment protections during and after pregnancy, is pivotal for advancing gender equality in the labor market. The progress made in some MENA economies, underscores the region’s potential for meaningful change. However, significant gaps remain in ensuring equitable workplace conditions and aligning national laws with international standards. Comprehensive reforms, including government-funded maternity leave, standardized paternity leave policies, and robust protections against pregnancy-related dismissals, are essential to creating inclusive labor markets that support women’s professional advancement and broader societal and economic development. Box 2: Access to Childcare Childcare responsibilities represent a constraint to the participation of women in the labor force. Often seen as the primary caregivers for their households, women are more likely than men to stay at home, work on a part-time basis, or pause their careers (Staab 2015). The availability of affordable and quality childcare services allows women to more easily enter the labor market, shifting away from unpaid care responsibilities. A study of high-income economies found that the overall spending on early childcare is strongly correlated with better labor market outcomes for women (Olivetti and Petrongolo 2017). However, if childcare services are costly, this can deter women from entering or remaining in the workforce. A study finds that the enactment of childcare laws increases the female labor force participation rate by 2% on average and that the effect increases over time (Anukriti et al 2023). In addition to the cost of childcare services, the regulations governing their quality are key factors in parents’ trust in these services (Devercelli and Beaton-Day 2020). Availability of center-based childcare in the MENA region: All economies in the region have laws that regulate the provision of center-based childcare, except for Libya. However, only 8 economies have publicly available registries that list the childcare centers available. These economies are Bahrain, Jordan, Lebanon, Malta, Oman, Qatar, Tunisia and United Arab Emirates. Affordability of center-based childcare in the MENA region: Only Jordan, Malta and Saudi Arabia establish any form of support (including financial support) for families for using childcare services. These economies also developed a clear application procedure to request financial support. In addition, there are 5 economies (Egypt, Iraq, Jordan, Malta and the Syrian Arab Republic) that regulate support for nonstate childcare providers (including financial). All, except for the Syrian Arab Republic, outline clear procedures to request such support. Quality of center-based childcare in the MENA region: 4 economies in the region, namely Jordan, Lebanon, Oman and Tunisia establish quality standards for the provision of childcare services in center-based settings. Malta is the only economy in the region where the government published reports about the quality of childcare services within the last 3 years. This highlights the lack of quality standards, and their reporting, in most economies in the region, which may have a negative effect on parents’ reliance on childcare services and subsequently on female labor force participation. Home-based childcare: As opposed to center-based childcare, home-based childcare is a viable alternative to families as it can offer more flexibility especially for parents who do not have fixed working hours. It is also less costly which can make it accessible to more parents. Furthermore, families may also trust home-based childcare more than center-based childcare (Tonyan et al. 2017). Therefore, there is also a pressing need in offering different types of support to other modalities of childcare such as home-based childcare and not limit the support to center-based childcare. 24 UNLOCKING POTENTIAL 03 Conclusion Conclusion 25 This brief highlights the persistent legal barriers hindering women’s economic participation in the MENA region. Despite some progress, discriminatory practices and insufficient legal protections continue to undermine women’s ability to contribute fully to the labor market. Addressing these challenges through comprehensive legal reforms is not just a matter of fairness; it is also an economic imperative, as greater gender equality in the workforce can significantly enhance economic growth and social development across the region. Legal reforms alone, however, are not enough. The enforcement of these reforms requires robust mechanisms and active commitment from governments, civil society, and private sector stakeholders. Governments must prioritize the allocation of resources to implement these changes effectively, while civil society organizations play a vital role in advocating for gender-sensitive policies and raising awareness about the barriers women face. International organizations and partners, such as the World Bank, can support these reforms through technical assistance, financial resources, and regional cooperation initiatives. An essential component of these efforts is the need for more and better data to measure the impact of legal reforms on female labor force participation and other key outcomes. Improved evidence is critical for understanding the effectiveness of these policies, identifying gaps, and guiding future interventions. While not all-encompassing, the WBL presents a globally comparable 50+ year dataset that can help monitor the implementation of reforms and support accountability at both national and regional levels. Addressing cultural beliefs and social norms that perpetuate gender inequality is equally critical. These beliefs and norms often limit women’s roles in the workforce, create barriers to leadership positions, and sustain disparities in pay and opportunities. Shifting these require targeted public education campaigns, community engagement, and collaboration with local advocacy groups to challenge stereotypes and societal expectations and support cultural change. Not to mention, country-level efforts provide an essential platform for sharing best practices and accelerating progress toward gender equality. Economies that have successfully implemented reforms can serve as models for their neighbors, fostering domestic collective action and encouraging alignment with international standards. Looking to the future, the opportunities for advancing gender equality in the MENA region are immense. By removing legal barriers and fostering inclusive labor markets, economies in the region can create pathways for women to contribute as equal partners in economic growth and social development. The potential for reform is particularly promising in areas such as pay equity and workplace protections. 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Annexes 31 ANNEX 1: Job restrictions in the MENA region WORK AT NIGHT WORK IN INDUSTRIAL WORK IN JOBS JOBS DEEMED DANGEROUS ALGERIA O P O BAHRAIN P P P DJIBOUTI P O O EGYPT O O O IRAN P P O IRAQ O P O JORDAN P P P KUWAIT O O O LEBANON P O P LIBYA P P O MALTA P O P MOROCCO P O O OMAN O P P QATAR P✓ ✓P O SAUDI ARABIA P P P SYRIA O O O TUNISIA O O P UNITED ARAB EMIRATES P P P WEST BANK AND GAZA O O O YEMEN O P O P Yes / Present / Meets criteria O No / Absent / Does not meet criteria 32 UNLOCKING POTENTIAL ANNEX 2: Job restrictions by industry in the MENA region Mining Construction Factories Agriculture Energy Water Transportation ALGERIA P P P P P P P BAHRAIN P P P P P P P DJIBOUTI P P P P P✓ P P EGYPT O O O P✓ O P✓ P IRAN P✓ P✓ P✓ P P P P IRAQ P P P✓ ✓ P P P P JORDAN P P P P P✓ ✓ P P KUWAIT O O O O O P O LEBANON O P O O O P O LIBYA P P P P P P P MALTA P P O P P P P MOROCCO O P P P P P P OMAN P P P P P P P QATAR P P P P P P P SAUDI ARABIA P P P P P P P SYRIA O O O O O P P TUNISIA O P P O P P P UNITED ARAB P P P P P P P EMIRATES WEST BANK AND O P O O P P P GAZA YEMEN P P P P P P P P Yes / Present / Meets criteria O No / Absent / Does not meet criteria Annexes 33 ANNEX 3: WBL 2024 indicators INDICATOR LEGAL FRAMEWORKS INDEX SUPPORTIVE FRAMEWORKS INDEX SAFETY Laws addressing child marriage, sexual Action plans, services for survivors, special harassment, domestic violence, and procedures, monitoring and implementing femicide agencies, and budget allocations. MOBILITY Constraints to a woman’s agency and Identification and passport application freedom of movement and new questions processes as well as gender-sensitive on conferring citizenship to children and public transportation policies and plans.  spouses.  WORKPLACE Protections against discrimination Guidelines published by the government based on gender, adding protections on nondiscrimination and flexible work in recruitment and flexible work arrangements.  arrangements.  PAY Mandates of equal remuneration for Transparency measures and enforcement women and men for work of equal value mechanisms and the availability of and women’s work at night, in industrial statistical data on women’s employment in jobs, and in jobs deemed dangerous.  different industries.  MARRIAGE Constraints related to marriage and Fast-track processes in family disputes, divorce. Equal rights in marriage and specialized family courts, and legal aid in divorce are critical to a woman’s agency, family law disputes.  financial security, and health.  PARENTHOOD Availability of paid maternity and paternity Ease of application and incentives for leave, whether the cost is covered by the fathers’ leave and availability of data on government, and whether dismissal of women’s unpaid care work. pregnant workers is prohibited.  CHILDCARE Laws that regulate the availability, Financial support applications, databases affordability, and quality of childcare of providers, and quality reports.  services.  ENTREPRENEURSHIP Constraints to a woman’s ability to start Availability of statistical data on women’s and run a business, gender-sensitive business activities, government-led criteria in public procurement, and quotas strategies and programs on women’s for women on public corporate boards.  entrepreneurship, and entrepreneurs’ access to financial services.  ASSETS Women’s rights to immovable assets, Policies supporting women in registering through property rights and inheritance, land, together with awareness campaigns including land rights. and the availability of statistical data on women’s property ownership.  PENSION Differences in retirement ages and Incentives to increase women’s retirement whether the law allows for pension care benefits and dedicated procedures to credits to compensate for a woman’s challenge benefit decisions. career interruptions.  34 UNLOCKING POTENTIAL ANNEX 4: Illustrative Selection of WBL Legal Frameworks Data for the MENA Region SAFETY WORKPLACE Does the law address sexual harassment? Does the law address domestic violence? Does the law allow employees to request marital status, parental status, and age? Can a woman get a job in the same way discrimination in recruitment based on Does the law prohibit discrimination in Does the law address child marriage? Does the law address femicide? employment based on gender? Does the law explicitly prohibit flexible work? as a man? ALGERIA O P O O P O O O BAHRAIN O O P O O O P O DJIBOUTI O O P O P O P O EGYPT P P O O O O P O IRAN O O O O O O O O IRAQ O P O O P O P O JORDAN O O O O O O P O KUWAIT O O P O O O P O LEBANON O P O O P O P O LIBYA O O O O P O P O MALTA O P P P P O P O MOROCCO O P P P P O P O OMAN O O O O P O O O QATAR O O O O O O O O SAUDI ARABIA O P O O P O P O SYRIA O O O O O O P O TUNISIA O O P O P O O O UNITED ARAB EMIRATES O P P O P O P P WEST BANK AND GAZA O O O O O O P O YEMEN O O O O O O P O P Yes / Present / Meets criteria O No / Absent / Does not meet criteria Does the law mandate equal O O O O O O O O O O P P P P P P P P P P remuneration for work of equal value? Can a woman work at night in the same O O O O O O O O O P P P P P P P P P P P way as a man? PAY ✓ Can a woman work in a job deemed O O O O O O O O O O O O P P P P P P P dangerous in the same way as a man? Can a woman work in an industrial job in O O O O O O O O O P P P P P P P P P P P the same way as a man? Is paid leave of at least 14 weeks O O O O O O O O O O O P P P P P P P P P available to mothers? Are leave benefits for mothers paid solely O O O O O O O O O O O O O O O P P P P P by the government? O O O O O O O O O P P P P P P P P P P ✓P Is paid leave available to fathers? PARENTHOOD Is dismissal of pregnant workers O O O O O O O O O P P P P P P P P P P P prohibited? Does the law establish the provision of O P P P P P P P P P P P P P P P P P P P center-based childcare services? Does the law establish any form of O O O O O O O O O O O O O O O O O P P P support for families for childcare services? Does the law establish any form of O O O O O O O O O O O O O O O P P P P P CHILDCARE support for nonstate childcare providers? Does the law establish quality standards O O O O O O O O O O O O O O O O P P P P for the provision of center-based childcare services? Annexes 35 36 IRAQ IRAN LIBYA SYRIA OMAN EGYPT QATAR MALTA YEMEN TUNISIA KUWAIT JORDAN ALGERIA BAHRAIN DJIBOUTI LEBANON EMIRATES AND GAZA MOROCCO WEST BANK UNITED ARAB SAUDI ARABIA Has the government developed UNLOCKING POTENTIAL ✓ O O O O O O O O O O O O O O O P P P P comprehensive mechanisms to address violence against women? P Yes / Present / Meets criteria Are special procedures in place for O O O O O O O O O O O O O O O O O O O P O No / Absent / Does not meet criteria cases of sexual harassment? Is a government entity responsible SAFETY for monitoring and implementing O O O O O O O O O O O P P P P P P P P P national services, plans and programs addressing violence against women? Is an annual budgetary allocation devoted to violence against women O O O O O O O O O O O O O O O O O P P P risk mitigation, prevention, and response programs? Does a specialized body receive O O O O O O O O O O O O O O O O O P P P complaints about gender discrimination in employment? Has the government published O O O O O O O O O O O O O O O O O O O P guidelines on nondiscrimination based on gender in recruitment? WORKPLACE Has the government published ✓ O O O O O O O O O O O O O O O O O O O guidelines on flexible work arrangements? ANNEX 5: Illustrative Selection of WBL Supportive Frameworks in the MENA Region Are pay transparency measures or O O O O O O O O O O O O O O O O O O O P enforcement mechanisms in place PAY to address the pay gap? Have sex-disaggregated data on O O O O O O O O O O O O O O P P P P P P employment in different industries or sectors been published? Is it possible to apply for maternity O O O O O O O O O O O O P P P P P P P P benefits through a single government application process? PARENTHOOD Are incentives in place to O O O O O O O O O O O O O O O O O O O O encourage fathers to take paternity leave on the birth of a child? Have sex-disaggregated data on O O O O O O O O O O O O O O O O O O P P unpaid care work been published? Is there a publicly available registry O O O O O O O O O O O O P P P P P P P P or database of childcare providers? Is there a clearly outlined application procedure to request O O O O O O O O O O O O O O O O O P P P financial support from the government for childcare services by parents? CHILDCARE Is there a clearly outlined application procedure to request O O O O O O O O O O O O O O O O P P P P financial support from the government for childcare services by nonstate childcare providers? Has the government published any O O O O O O O O O O O O O O O O O O O P reports on the quality of childcare services? Annexes 37