Do constitutions guarantee the right to equal pay for equal work based on gender?



 

This map tells us whether nations include measures to protect the right to equal pay for equal work based on gender in their constitution.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

  • The right to equal pay for equal work is considered to be protected based on gender when it is explicitly granted to women or is granted as a right to all citizens and the constitution states that women and men enjoy rights on an equal basis.
  • No means that the constitution does not explicitly mention the right to equal pay for equal work based on gender. This does not mean that the constitution denies this right, but that it does not explicitly include it.
  • General guarantee means that the right to equal pay for equal work is guaranteed for all citizens, but not specifically on the basis of gender.
  • Aspirational means that the constitution protects the right to equal pay for equal work based on gender but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to protect the right to equal pay for equal work based on gender.
  • Guaranteed with exceptions includes cases where the constitution protects the general right, but allows this protection to be curtailed in certain circumstances. This category does not apply to this map as there are no countries that have exceptions to protection of the right to equal pay for equal work based on gender.
  • Guaranteed means that the constitution protects the right to equal pay for equal work based on gender in authoritative language. For example, constitutions in this category might guarantee the right to equal pay for equal work based on gender or make it the State’s responsibility to ensure this right.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This is a measure or measures that may be taken to compensate for past discrimination or current inequalities on the basis of gender. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action in pay for women”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote gender equality in pay, in order to address past discrimination against women”).