principle, the Labour Code states in Article 182 that “wages are equal for all workers
irrespective of their origin, sex, age and status”. In the absence of collective agreements or
where the latter is silent on the issue, the wages are determined by agreement between the
parties, between the employer and the employee. The determination of the remuneration and the
rates of remuneration must comply with the principle of equality of remuneration between male
and female workers for work of equal value. In practice, no gender-related discrimination is
applicable in terms of access to employment. Female candidatures are gradually encouraged
through advertisements of offer of employment.
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Sexual harassment at the work place
167. The Labour Code defines, prohibits and punishes sexual harassment in Articles 37 and
422. Article 422 punishes sexual harassment with a fine of between CFAF 50 000 and 300 000
and a term of imprisonment of between one month and three years or to one of the two penalties
only. In the event of a repeat offence, the penalty is a fine of between CFAF 300 000 and 600
000 or a term of imprisonment of two months to five years or to one of these penalties only.
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Occupational safety and hygiene
168. Article 20 of the Constitution states that, “The State shall ensure constant improvement in
working conditions and protection of the employee. First and foremost, with regard to the private
sector, the labour code makes it mandatory for the head of the facility to take all the necessary
measures to ensure safety and protect the physical and mental health of the employees in the
company including temporary workers, trainees and interns. He must particularly take all the
necessary measures to ensure that the work place, the machinery, equipment, substances and the
work processes placed under his control do not present any risks for the health and safety of the
employees. The labour inspector regularly carries out controls at the work place in order to
ascertain compliance by the employers with the conditions of work laid down by law. Similarly,
Law No. 15-2006/AN of 11 May 2006 on the social security regime applicable to salaried
employees and related occupations in Burkina Faso prescribes the occupational risks branch in
charge of prevention and benefits in the event of accident at work or of an occupational disease.
169. The protection of civil servants against occupational risks is governed by specific
enactments organising each type of employment and managed by the National Social Security
Fund (CNSS) and the Civil Servants’ Pension Fund (CARFO). Thus, a victim of occupational
accident or disease shall be entitled to medical care required by his condition including a
compensation for disability resulting from it. These services are applicable based on a report
presented by the health committee from the date on which the accident occurred or the
occupational disease was first medically diagnosed. In the event of temporary inability to work,
the insured shall be entitled, either to the above-mentioned medical care listed thereof and
maintenance of salary or wages. In case of a permanent disability, the employee shall be entitled
not only to medical care for the injuries or the aftereffects arising from it, but also a disability
pension. In the latter case, the degree of his disability must be at least 15%. In case of a demise
of a civil servant or private official following an occupational accident or disease, his heirs or
assigns shall be given survivors’ pension or allocation.
C. The Right to Health
a) Legislative and Administrative Measures for the supply of essential drugs, in particular
ARVs
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