Protecting women working in brick factories is a legal issue that deserves considerable attention, given the occupational and health risks associated with the nature of work in these factories, which may affect women's safety and labour rights, particularly under economic circumstances that may compel some women to accept strenuous work in exchange for low wages.
The Iraqi legislator has provided legal protection for female workers under Labour Law No. (37) of 2015, which emphasizes the need to provide a safe and healthy working environment and respect rights relating to wages, working hours, and rest periods. It also establishes specific provisions to protect women from certain strenuous or health-hazardous tasks and regulates their employment at night in accordance with specific legal requirements.
Furthermore, the Law on Retirement and Social Security for Workers No. (18) of 2023 is important in ensuring social protection for workers covered by its provisions, providing them with insurance benefits when the eligibility requirements are met.
However, despite the importance of legislative protection, its practical implementation may face several challenges, including inadequate inspection of some establishments, the lack of occupational safety equipment, failure to properly regulate employment relationships, and the failure to register female workers with the social security system in accordance with the law.
These challenges become particularly serious when women are exposed to dust, fumes, and high temperatures, or are assigned tasks that do not comply with the applicable legal and health standards established for their protection.
Accordingly, safeguarding the rights of women working in brick factories cannot be achieved merely through the existence of legal provisions. Rather, it requires strengthening the role of labour inspection, obliging factory owners to provide occupational safety and health requirements, verifying the legality of the tasks assigned to women, and ensuring that they receive the wages and social rights prescribed by law.
Therefore, achieving a balance between women's right to work and their right to a safe working environment represents a legal and social necessity. This requires enhanced oversight of brick factories and the enforcement of legal liability for any violation of female workers' rights, thereby ensuring that legal protection extends beyond legislative provisions into practical reality, preserving women's dignity and safety and safeguarding their labour and social rights.
Asst. Lecturer Taiba Amer Obaid
College of Law – Al-Mustaqbal University
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