Methodology

Women, Business and the Law measures legal differences between men’s and women’s access to economic opportunities in 190 economies. Thirty-five aspects of the law are scored across eight indicators of four or five binary questions. Each indicator represents a different phase of a woman’s career. The methodology was designed as an easily replicable measure of the legal environment for women as entrepreneurs and employees. We update the data based on feedback from respondents with expertise in laws on family, labor and violence against women. Indicator-level scores are obtained by calculating the unweighted average of the questions within that indicator and scaling the result to 100. Overall scores are then calculated by taking the average of each indicator, with 100 representing the highest possible score.

View all indicators below or download the complete questionnaires used to collect data for the 2023 publication related to Family, Labor and Violence Against Women. For more information, check the Data Notes for Women, Business and the Law 2023, and also see our Frequently Asked Questions. For data revisions, click here.

Questions

Question
Can a woman choose where to live in the same way as a man? The answer is “Yes” if there are no restrictions on a woman choosing where to live. The answer is “No” if there are explicit restrictions on a woman choosing where to live, if there are legal restrictions on a woman choosing where to live, if the husband chooses the marital home or has more weight in determining where the family will live, or if a woman’s domicile automatically follows that of her husband. Scoring: Yes = 1; No = 0.
Can a woman travel outside her home in the same way as a man? The answer is “Yes” if there are no restrictions on a woman traveling alone domestically. The answer is “No” if permission, additional documentation, or the presence of her husband or guardian is required for a woman to travel alone domestically; or a woman must justify her reasons for leaving the home; or leaving the home without a valid reason is considered disobedience with legal consequences, such as loss of right to maintenance. Scoring: Yes = 1; No = 0.
Can a woman apply for a passport in the same way as a man? The answer is “Yes” if there are no gender differences in passport application procedures. The answer is “No” if an adult woman needs the permission or signature of her husband, father or other relative or guardian to apply for a passport; or passport application procedures or forms require a woman to provide details about her husband, father, or other relative or guardian; or passport application procedures or forms require a woman to provide details about her husband, father, or other relative or guardian or additional documents such as a marriage certificate and if the same is not required of a man. Scoring: Yes = 1; No = 0.
Can a woman travel outside the country in the same way as a man? The answer is “Yes” if there are no restrictions on a woman traveling alone internationally. The answer is “No” if permission, additional documentation, or the presence of her husband or a guardian is required for a woman to leave the country; or the law requires a married woman to accompany her husband out of the country if he wishes her to do so. Scoring: Yes = 1; No = 0.

Question
Can a woman get a job in the same way as a man? The answer is “Yes” if there are no restrictions on a woman’s legal capacity and ability to get a job or pursue a trade or profession. The answer is “No” if a husband can prevent his wife from working; or permission or additional documentation is required for a woman to work but not a man; or it is considered a form of disobedience with legal consequences, such as loss of maintenance, for a woman to work contrary to her husband’s wishes or the interests of the family. Scoring: Yes = 1; No = 0.
Does the law prohibit discrimination in employment based on gender? This question is designed to determine whether the law generally prevents or penalizes gender-based discrimination in employment. Laws that mandate equal treatment or equality between women and men in employment are also counted for this question. The answer is "Yes" if the law prohibits employers from discriminating based on sex or gender or mandates equal treatment of women and men in employment. The answer is "No" if the law does not prohibit such discrimination or only prohibits it in one aspect of employment, such as pay or dismissal. Scoring: Yes = 1; No = 0.
Is there legislation on sexual harassment in employment? The question covers provisions on sexual harassment in the workplace or in employment, regardless of whether sanctions apply. The answer is “Yes” if legal provisions specifically protect against sexual harassment in employment, including unwelcome verbal or physical conduct of a sexual nature. The answer is “No” if there is no legislation specifically addressing sexual harassment in employment; or the law addresses harassment in general but makes no reference to acts of a sexual nature or contact; or states only that the employer has a duty to prevent sexual harassment but no provisions prohibit it or provide sanctions or other forms of redress. Scoring: Yes = 1; No = 0.
Are there criminal penalties or civil remedies for sexual harassment in employment? The answer is “Yes” if the law establishes criminal sanctions, such as fines or imprisonment, for sexual harassment in employment; or the provision in the criminal code provides for reparation of damages for offenses covered by the code; or the law provides for civil remedies or compensation for victims of sexual harassment in employment or the workplace, even after dismissal of the victims. The answer is “No” if the law establishes neither criminal sanctions for sexual harassment in employment nor civil remedies or compensation for victims of sexual harassment in employment; or the law only prohibits sexual harassment in employment and sets forth that the employer should apply discretionary sanctions. Scoring: Yes = 1; No = 0.

Question
Does the law mandate equal remuneration for work of equal value? This question captures whether employers are legally obliged to pay equal remuneration to male and female employees who perform work of equal value. “Remuneration” refers to the ordinary, basic or minimum wage or salary and any additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising from the worker’s employment. “Work of equal value” refers not only to the same or similar jobs, but also to different jobs of the same value. The answer is "Yes" if employers are legally obliged to pay equal remuneration to male and female employees who perform work of equal value in accordance with these definitions. The answer is "No" if the law limits the principle of equal remuneration to equal work, the same work, similar work or work of a similar nature; or the law limits the broad concept of “remuneration” to only basic wages or salary. Scoring: Yes = 1; No = 0.
Can a woman work at night in the same way as a man? This question is designed to determine whether nonpregnant and nonnursing women are prohibited from working at night or cannot work the same night hours as men. Night-hour restrictions on women in specific industries are captured in later questions. If various sectors of the economy are regulated separately (i.e., no central labor law), it is assumed that the woman is employed as a cashier in a grocery store or supermarket The answer is “Yes” if a woman who is not pregnant and not nursing can work at night in the same way as a man; or restrictions on women’s ability to work at night do not apply to the food retail sector; or women’s consent to work at night is required; or an employer needs to comply with safety measures (such as providing transportation). The answer is “No” if the law broadly prohibits a woman, including one with children over the age of one, from working at night or limits the hours that she can work at night; or the law gives the relevant authority the power to restrict or prohibit a woman’s ability to work at night, regardless of the content of any decisions issued by that authority. Scoring: Yes = 1; No = 0.
Can a woman work in a job deemed dangerous in the same way as a man? The answer is “Yes” if no laws prohibit or restrict a woman who is not pregnant and not nursing from working in a broad and subjective category of jobs deemed hazardous, arduous, or morally inappropriate. The answer is “No” if the law prohibits or restricts a woman’s ability to work in jobs deemed hazardous, arduous, or morally inappropriate; or the relevant authority can determine whether particular jobs are too hazardous, arduous, or morally inappropriate for a woman but not for a man, regardless of the content of any decisions issued by that authority. Scoring: Yes = 1; No = 0.
Can a woman work in an industrial job in the same way as a man? The answer is “Yes” if a woman who is not pregnant and not nursing can work in the mining, construction, manufacturing, energy, water, agriculture, and transportation industries in the same way as a man. The answer is “No” if the law prohibits a woman from working in any of these industries; or a woman’s employment in the relevant industries is restricted in any way, such as by prohibiting her from working at night in “industrial undertakings;” or by giving the relevant authority the power to prohibit or restrict her ability to work in certain jobs or industries, regardless of the content of any decisions issued by that authority. Scoring: Yes = 1; No = 0.

Question
Is paid leave of at least 14 weeks available to mothers? The answer is “Yes” if mothers are legally entitled to at least 14 weeks (98 calendar days) of paid leave for the birth of a child through maternity leave, parental leave or a combination of both. The answer is “No” the law does not establish paid leave for mothers, or if the length of paid leave is less than 14 weeks. Scoring: Yes = 1; No = 0.
Does the government administer 100% of maternity leave benefits? The answer is “Yes” if leave benefits are fully administered by a government entity, including compulsory social insurance schemes (such as social security), public funds, government-mandated private insurance or employer reimbursement of any maternity leave benefits paid directly to an employee. The answer is “No” if any of the cost is shared by the employer; or contributions or taxes are mandated only for female employees, if the social insurance scheme that provides maternity leave benefits is optional, or if no paid leave is available to expectant and new mothers. Scoring: Yes = 1; No = 0.
Is there paid leave available to fathers? The answer is “Yes” if fathers are legally entitled to at least one day of paid paternity leave for the birth of a child, or if the law reserves a portion of paid parental leave specifically for fathers—that is, through “use-it-or-lose-it” policies or fathers’ quotas; or fathers are individually entitled to paid parental leave. The answer is “No” if the law does not guarantee fathers any paid paternity leave or other specific leave for the birth of a child; or allowances for the birth of a child must be deducted from annual or sick leave. Scoring: Yes = 1; No = 0.
Is there paid parental leave? The answer is “Yes” if parents are legally entitled to some form of full-time paid parental leave, either shared between mother and father (at least two weeks) or as an individual entitlement that each can take regardless of the other (at least one week each); or the duration of paid maternity leave and paid paternity leave is the same. The answer is “No” if the law does not mandate any form of paid parental leave. Scoring: Yes = 1; No = 0.
Is dismissal of pregnant workers prohibited? This question is designed to determine whether pregnancy can serve as grounds for dismissal. The answer is “Yes” if the law explicitly prohibits the dismissal of pregnant women, if pregnancy cannot serve as grounds for termination of a contract, or if dismissal of pregnant workers is considered a form of unlawful termination, unfair dismissal, or wrongful discharge. The answer is “No” if there are no provisions prohibiting the dismissal of pregnant workers, or if the law only prohibits the dismissal of pregnant workers during maternity leave, for a limited period of the pregnancy, or when their pregnancy results in illness or disability. Scoring: Yes = 1; No = 0.

Question
Do men and women have equal ownership rights to immovable property? The answer is “Yes” if there are no restrictions on women’s legal capacity and rights to immovable property. The answer is “No” if women's rights to own or administer property are legally restricted, or if there are gender differences in the legal treatment of spousal property, such as granting the husband administrative control of marital property, or for cases in which customary law (which often discriminates against women) is prevalent, if there is no statutory law that recognizes equal property rights. Scoring: Yes = 1; No = 0.
Do sons and daughters have equal rights to inherit assets from their parents? This question examines whether there are gender-based differences in the rules of intestate succession for transfer of property from parents to children. The answer is “Yes” if sons and daughters have the same rights to inherit assets from their parents. The answer is “No” if there are gender-based differences in the recognition of children as heirs to property . Scoring: Yes = 1; No = 0.
Do female and male surviving spouses have equal rights to inherit assets? For this question, it is assumed that the deceased spouse left no children or any other heirs, other than the surviving spouse. This question examines whether both spouses have equal rank and rights to inherit assets when there is no will. The answer is “Yes” if surviving spouses of either gender with no living children have the same inheritance rights. The answer is “No” if there are gender-based differences in the inheritance rights of surviving spouses. Scoring: Yes = 1; No = 0.
Does the law grant spouses equal administrative authority over assets during marriage? The answer is “Yes” if spouses retain administrative power over those assets each brought to the marriage or acquired during marriage, and their accrued value, without the need for spousal consent; or spouses administer their separate property, but for major transactions, such as selling or pledging the property as collateral, spousal consent is required or if both spouses have equal rights in the administration and transaction of joint property. The answer is “No” if the husband has administrative rights over all property, including any separate property of the wife, or if the husband's word prevails in case of disagreement; or customary law (which often discriminates against women) is prevalent, if there is no statutory law that recognizes equal property administration. Scoring: Yes = 1; No = 0.
Does the law provide for the valuation of nonmonetary contributions? Nonmonetary contributions include caring for minor children, taking care of the family home, or any other nonmonetized contribution from a stay-at-home spouse. The answer is “Yes” if there is an explicit legal recognition of such contributions and the law provides for equal or equitable division of the property or the transfer of a lump sum to the stay-at-home spouse based on nonmonetary contributions; or the default marital property regime is full community, partial community, or deferred community of property because these regimes implicitly recognize nonmonetary contributions at the time of property division and benefit both spouses regardless of who purchased the property or holds title to it. The answer is “No” if the default marital property regime is not a form of community of property and there is no explicit legal provision providing for equal or equitable division of property based on nonmonetary contributions. Scoring: Yes = 1; No = 0.