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Summary of "The Right to Care in Latin America and the Caribbean: Progress on the Regulatory Front"

Core Content

This document provides an overview of the regulatory progress made in Latin America and the Caribbean regarding the human right to care. It serves as a contribution to the sixteenth session of the Regional Conference on Women in Latin America and the Caribbean, which will be held in Mexico City in August 2025, with the main theme focusing on the development of a care society and gender equality. The publication is a collaborative effort by the Economic Commission for Latin America and the Caribbean (ECLAC), the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), and the International Labour Organization (ILO).

Main Points

• The Right to Care as a Human Right: The right to care is recognized in several international instruments, including the Universal Declaration of Human Rights (1948), the Convention on the Elimination of All Forms of Discrimination against Women (1979), and the Convention on the Rights of the Child (1989). These documents emphasize care as a universal right, a need, and a form of work that is essential for the well-being of individuals and societies.

• Regional Recognition: At the inter-American level, the right to care is explicitly recognized in the 2015 Inter-American Convention on Protecting the Human Rights of Older Persons. It also appears implicitly in other regional agreements, such as the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women.

• Parliamentary Forum: A parliamentary forum will be held on 11 August 2025 as part of the preparations for the sixteenth session of the Regional Conference on Women. This forum aims to advance the development of standards, legislative reforms, and policies to secure the right to care.

• ECLAC's Vision: ECLAC has proposed a paradigm shift toward a care society, which prioritizes the sustainability of life and the planet. This vision is reflected in the Buenos Aires Commitment (2022), an intergovernmental agreement that emphasizes the importance of care as a public good and a right.

• ILO's Role: The ILO has played a key role in shaping the regulatory framework for care. Its conventions and recommendations, such as the Workers with Family Responsibilities Convention (1981, No. 156) and the Maternity Protection Convention (2000, No. 183), have been instrumental in promoting gender equality and protecting care workers.

Key Information

International Instruments Governing the Right to Care

Regional Instruments and Ratifications

Key Areas of Regulatory Progress

• Constitutional Treatment of Unpaid Domestic Work: Several countries have incorporated unpaid domestic work into their constitutions, recognizing it as a fundamental right and a public good.

• Comprehensive Care Policies and Laws: There is a growing trend in the region toward the development of national policies and laws that integrate care into the broader social and economic framework.

• Time-Use Measurement: The use of time-use surveys and gender-disaggregated statistics is being promoted to better understand and value unpaid care work in national economic indicators.

• Care Leave: Regulations on maternity, paternity, and parental leave are being developed and implemented, with a focus on ensuring gender equality and support for caregivers. Long-term care leave and care leave for students are also being considered.

Challenges and Recommendations

• Inequalities in Care Responsibilities: Despite progress, gender inequalities in the distribution of care responsibilities persist, particularly in the burden placed on women.

• Need for Legal Reform: There is a need for further legal reforms to ensure the recognition and protection of the right to care across all sectors.

• Interdisciplinary Approach: The development of care policies requires an interdisciplinary approach that integrates economic, social, cultural, and environmental dimensions.

• Implementation and Monitoring: Strengthening the implementation and monitoring of existing care-related laws and policies is crucial for achieving gender equality and building a care society.

Conclusion

This document highlights the growing recognition of the right to care in both the universal and regional human rights systems, as well as the progress made in national regulatory frameworks. It underscores the importance of a care society in promoting gender equality and sustainable development, and recommends further action to ensure the effective implementation of care-related policies and laws across Latin America and the Caribbean.