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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Achieving effective maternity rights in a post-apartheid South Africa: is the new constitution adequate?
Author:Matthias, Carmel R.ISNI
Year:1995
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:28
Issue:2
Pages:247-260
Language:English
Geographic term:South Africa
Subjects:mothers
women workers
labour law
Abstract:The Transitional Constitution in April 1994 created the potential in South Africa for maternity protection for all female workers in all sectors. This article draws attention to urgent needs that exist in the field of maternity protection for women in industry and evaluates the extent to which the Transitional Constitution addresses these. The essential components of maternity protection for working women are job protection, the right to maternity leave for a specified period, a cash benefit to replace wages during the leave period, and adequate health and medical insurance during pregnancy, at the time of childbirth, and for postnatal care. South African legislation as it stands contains each of these components, but they are skewed in such a way as to undermine their effectiveness and thus that of the whole maternity policy package. The article discusses each of these components in turn. It is based on research undertaken by the author among employees in the textile industry in the Durban, Pinetown, Hammarsdale and Pietermaritzburg areas of Natal in the period 1989-1990. Notes, ref.
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