Today, more and more women of child-bearing age are working outside the household, in work that keeps them far from home for long hours and with rigid schedules. Increasingly, women are seen as independent economic units, responsible for their own economic survival and well-being. 

In 1990, 828 million women were officially estimated to be economically active in the labour force. Since the definition of economic activity often excludes unpaid work such as subsistence agriculture, housework and child care etc., the actual figures for women at work are greater. 

The majority of workers are also parents. Women's dual roles as workers (productive) and mothers (reproductive) need to be respected and accommodated by society. Child- bearing and lactation are biological functions that only women can assume. Yet, society denies most women adequate maternity benefits. Maternity benefits are basic human rights for women. 

Women who are employed are entitled to paid maternity leave because it is a health measure to protect mothers and infants in late pregnancy and the early post-natal period. Maternity leave is essential to allow a mother to recover from birth, breastfeed her infant and, to give her the opportunity to spend time with and provide care and nurturing for the young child helping it adjust to a new environment. Paid maternity leave guarantees a continuing source of income and employment security following delivery. 

Women who receive maternity leave are more likely to remain in the workforce: this has economic benefits for employers; social benefits for women, families and society. 

"The promotion of breastfeeding must not be seen as an excuse to exclude women from the labour force. The burden should no longer fall on women to choose between breastfeeding and work. The burden is on society to facilitate breastfeeding and indeed child care" .  James Grant, the late Executive Director of UNICEF.

Traditional societies recognise the need for pregnant women and new mothers to benefit from additional social support. In many societies, the extended family provided a six-week period of rest and seclusion, or at least, help with household chores, for women who had given birth. For example, in Africa, the woman's mother-in-law may look after her and her baby for a period of one to six months. This ensures that mother and baby bond and breastfeeding is well- established and maintained. In addition, the mother is relieved of her normal household chores and she is given special foods. Often a ceremony of re-integration into society marks the close of this period of social withdrawal. 

However, increasing urbanisation and dislocation of the extended family have weakened these mechanisms of social support to enable mother and baby to rest and recover together. Maternity legislation has been introduced as one measure towards incorporating the elements of  social support in today's world .

The International Labour Organization (ILO) regulates a wide range of international labour issues through standards that are contained in Conventions and Recommendations adopted by the International Labour Conference. Conventions are like international treaties; once ratified, they create specific, binding obligations on governments.

The 1919 Convention Number 3 of the International Labour Office provides international standards on maternity protection for women employed in industry and commerce; it calls for 12 weeks of maternity leave with cash benefits and prohibition of dismissal and one hour per day breastfeeding breaks. In 1952, this was revised to (Convention 103) include women workers at home and provide for higher protection: 12 weeks maternity leave, higher cash benefits including remunerated breastfeeding breaks and more employment security. 

The 1979 Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) states "Parties shall prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or maternity leave ... shall introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority and social allowances" . 

In June 2000, ILO Convention 183 and Recommendation 191 were adopted by 304 countries and came into force in February 2002. The new Convention provides an increase from 12 to 14 weeks maternity leave. For further details of the provisions of Convention 183 and Recommendation 191 .

This excerpt is taken from the WABA Activity Sheet 6: Maternity Legislation: Protecting women's rights to breastfee