The social responsibility of companies for violations of human rights due to gender pay inequality

Abstract

Since women formally entered the workforce, there has been an empirically observed wage disparity between professionals of the same gender performing the same roles, as well as a lack of opportunities for career advancement.

Although the 1988 Brazilian Federal Constitution states in its Article 5 that “equal pay shall correspond to work of equal value, without distinction of sex,” and the CLT (Consolidation of Labor Laws), Decree-Law 5,452/1943, in its Article 461, also establishes that “when the function is identical, equal pay shall correspond to work of equal value provided to the same employer, in the same locality, without distinction of sex, nationality, or age,” wage disparities based on gender are found not only in Brazil but across the world.

Gender equality is a fundamental principle of human rights, and companies play a significant role in promoting this equality and preventing violations of women's rights in the workplace.

The gender wage gap, which reflects the disparity between the salaries of men and women performing similar roles, is a systemic and persistent issue across various industries and sectors. This occurs due to a range of factors, including gender stereotypes, lack of salary transparency, and barriers that prevent women from advancing into leadership positions.

Companies are obligated to respect human rights, as established in international instruments such as the United Nations Guiding Principles on Business and Human Rights.

Gender equality is a fundamental human right, and companies cannot ignore their responsibility to ensure that all individuals, regardless of gender, are treated fairly and justly. Promoting gender equality in the workplace requires implementing policies and practices that eliminate wage disparities and create equal opportunities for both men and women.

For this reason, both in Brazil and globally, it is essential to adopt measures that encourage reflection on these evident and well-established differences, but also to promote internal measures aimed at addressing discrimination and fostering effective gender equality.

Moreover, public policies must be adopted by governmental authorities, and legal obligations should be imposed to hold companies accountable in addressing this issue.