PERSPEKTIF JENDER HAK PEKERJA WANITA UNTUK MENYUSUI ANAKNYA SAAT BEKERJA

BINAWAN, HERLIN HERLIANI (2008) PERSPEKTIF JENDER HAK PEKERJA WANITA UNTUK MENYUSUI ANAKNYA SAAT BEKERJA. S1 thesis, UAJY.

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Abstract

Indonesia has ratified the Convention on the Elimination of All Form of Discrimination Against Women by the issuing of Act 1984 No. 7. It is supposed to happen in all aspects. However, discrimination toward women is still found at working places. Women labour is still looked down to the second class, especially when it comes to women’s reproduction functions. Women’s rights, which are actually their fundame ntal rights, are still getting less attention. One of the rights is the right to breastfeeding for women labour. This thesis entitled “Gender Perspective Upon The Right to Breastfeeding For Women Labour” is aimed first, to find out and analize the gender perspective upon the right to breastfeeding for women labour and second, to find out and analize the right of breastfeeding for women labour reclaimed from the child’s rights. This thesis used normative legal research, which focused on prevailed norm or positive law related to “Gender Perspective Upon The Right of Breastfeeding For Women Labour”. The research method employed in this thesis was qualitative analisis, that was analizing data based on five dogmatic legal duties; the description, the system, the analisis, the interpretation and the appraisal of positive law. The explanation of Article 83 in Men Labour Act 2003 No. 13 about the right to breastfeeding for women labour indicates bias gender. It is said that the right is given to women labour. However, it also indicates that somehow, the right seems to be pulled again. The explanation of Article 83 in Men Labour Act 2003 No. 13 causes violation toward child’s right to optimally live and grow. The explanation of Article 83 in Men Labour Act 2003 No 13 is contrary with Child Patronage Act 2002 No 23. Based on the principle of lex specialis derogate legi generalis, therefore, Child Patronage Act 2002 No 23 is used as the reference.

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