3.5.1 – Economic and welfare rights (Article 13) 600. In order to ensure non-discrimination and equal access for all to economic and socio-cultural opportunities, Togo set up legal norms, measures and actions aimed at making women development actors just like men. 601. At the level of employment, the Togolese Constitution gives every citizen the right to work and to strive to create the conditions for the effective enjoyment of this right. It provides every citizen with equal opportunity for employment and guarantees each worker fair and equitable remuneration (Article 37). 602. This constitutional provision is also mentioned in Law No. 2006-010 of 13 December 2006 on the Labour Code, Law No. 2013-002 of 21 January 2013 on the General Statute of the Public Service and Decree No. 2015-120 of 15 December 2015 laying down common rules for the application of the General Rules governing the Public Service which provide equal opportunities for the recruitment, career and retirement of civil servants. 603. The application of these various texts has enabled women to have equal opportunities with regard to access to various jobs and to equal pay with men. Thus, between 2011 and 2014, the percentage of Category A women in the public service evolved significantly, from 15.4% to 35.81%15. 604. Today Togo is delighted with the fact that women are increasingly becoming entrepreneurs, not only in the activities they are noted for, but also in the so-called men's trades, such as Public Works (BTP). 605. As for the fight against underemployment and women's unemployment, there has been a slight improvement. Indeed, women's underemployment dropped from 21.9 percent in 2006 to 20 percent in 2011, and the poverty rate for female-headed households also declined from 56.5 percent to 54.3 percent over the same period. 606. In order to provide protection for workers, especially women who are often victims of sexual harassment in the workplace, the various instruments, notably the Labour Code in Article 40, under 3.2.4 and the Criminal Code (Articles 399 and 400) incriminate this act. Also, under Article 43 of the inter-professional collective convention, pregnancy can not be a reason for dismissal. 607. Moreover, the freedom to choose a profession is guaranteed to women by Article 107 of the Persons and Family Code. To ensure the promotion of women through their trades and economic activities, Togo has adopted a 2008-2012 National 15 Statisticis of the Directorate of State Personnel Computer Management (DGIPE), September 2014 168

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