Legislation for advancing women’s leadership in the health sector in India and Kenya: a ‘law cube’ approach to identify ways to strengthen legal environments for gender equality

Abstract

ObjectivesThis paper examines the availability of legal provisions, or the lack thereof, that support women to progress equitably into leadership positions within the health workforce in India and Kenya.MethodsWe adapted the World Bank’sWomen, Business and Lawframework of legal domains relevant to gender equality in the workplace and applied a ‘law cube’ to analyse the comprehensiveness, accountability and equity and human rights considerations of 27 relevant statutes in India and 11 in Kenya that apply to people in formal employment within the health sector. We assessed those laws against 30 research-validated good practice measures across five legal domains: (1) pay; (2) workplace protections; (3) pensions; (4) care, family life and work–life balance; and (5) reproductive rights. In India, the pension domain and related measures were not assessed because the pension laws do not apply to the public and private sector equally.ResultsSeveral legal domains are addressed inadequately or not at all, including pay in India, reproductive rights in Kenya and the care, family life and the work–life balance domain in both countries. Additionally, we found that among the Kenyan laws reviewed, few specify accountability mechanisms, and equity and human rights measures are mainly absent from the laws assessed in both countries. Our findings highlight inadequacies in the legal environments in India and Kenya may contribute to women’s under-representation in leadership in the health sector. The absence of specified accountability mechanisms may impact the effective implementation of legislation, undermining their potential to promote equal opportunities.ConclusionsGovernment action is needed in both countries to ensure that legislation addresses best practice provisions, equity and human rights considerations, and provides for independent review mechanisms to ensure accountability for implementation of existing and future laws. This would contribute to ensuring that legal environments uphold the equality of opportunity necessary for realising gender justice in the workplace for the health workforce.Primary source of fundingBill & Melinda Gates Foundation (INV-031372).