European Parliament Fact Sheets
Equal rights for men and women

LEGAL BASIS

Articles 2, 3(2), 13 (6A), 94 (100), 137 (118), 141 (119), and 308 (235) of the EC Treaty.

Protocols annexed to the Treaty on European Union: No 2 on Article 141 and No 14, with the Agreement on social policy annexed to it.

OBJECTIVES

To ensure equal opportunities and treatment for men and women.

ACHIEVEMENTS

1.     Directives on equality

Article 114 (119) of the Treaty of Rome enshrines the principle that men and women should receive equal pay for equal work. The Member States have shown little enthusiasm for implementing this provision and a series of directives has therefore been adopted, starting in 1975.

a.     Approximation of laws in the Member States relating to the application of the principle of equal pay for men and women: Directive 75/117 of 10 February 1975.

b.     Implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions: Directive 76/207 of 9 February 1976.

c.     Progressive implementation of the principle of equal treatment for men and women in matters of social security: Directive 79/7 of 19 December 1978.

d.     Implementation of the principle of equal treatment for men and women in occupational social security schemes: Directive 86/378 of 24 July 1986, amended by Directive 96/97 of 20 December 1996.

e.     Application of the principle of equal treatment between men and women engaged in an activity including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood: Directive 86/613 of 11 December 1986.

f.     Introduction of measures to improve the safety and health at work of pregnant workers who have recently given birth or are breast-feeding, Directive 92/85 of 19 October 1992.

g.     Framework agreement on parental leave concluded by UNICE, the CEEP and the ETUC: Directive 96/34 of 3 June 1996.

h.     Burden of proof in cases of discrimination based on sex: Directive 97/80/EC of 15 December 1997.       

2.     Situation after the Treaty of Amsterdam

By amending the relevant provisions on the aims and objectives of the Community, in Articles 2, 3 and 13, and incorporating the provisions of the Social Protocol as Title XI, the Treaty of Amsterdam inserted in the EC Treaty the principles of equality between men and women and non-discrimination based on sex or sexual orientation.

3.     Community Action

a.     Fourth medium-term Community action programme for men and women (1996-2000)
The programme, in Council Decision 95/593 of 22 December 1995, was aiming at introducing the equal opportunities dimension in all policies, projects and measures implemented at Community, national, regional and local level.

This programme will be further developped in the proposed Council decision establishing a Community Action Programme to combat discrimination (2001-2006).

b.     Employment-NOW 1994-1999
Employment-NOW is based on the experience gained from the NOW (1991-1994) initiative which demonstrates that measures specifically aimed at women can help to develop new approaches in training and vocational integration. The specific aim of NOW is to:

• reduce unemployment amongst women;
• improve the position of those already in the workforce;
• develop innovative strategies to respond to the changes in the organisation of work and job requirements, with a view to reconciling employment and family life.

In practice, this may lead to developing partnerships between local authorities, public employment services, women's NGOs and social partners. Ideally, such partnerships will evolve into a form of social cooperation lasting beyond the funding period of the NOW initiative. The Commission's financial contribution to NOW for 1994-1999 is ECU 496 million (see Commission Communication 96/C 200/06).

c.     European framework agreements
Under the procedure laid down in the Agreement on social policy annexed to the EUT, the Commission set about consulting the social partners — the ETUC (European Trade Union Confederation), UNICE (the Union of Industries in the European Community) and the CEEP (European Centre of Public Enterprises) — which led to the signing of two framework agreements:

• on parental leave (Directive 96/34 of 3 June 1996, and
• on part-time work (Directive 97/81 of 15 December 1997).

The purpose of these agreements is to reconcile professional and family life, prevent any form of discrimination against part-time workers - the majority of whom are women - and make working hours more flexible, taking account of employers' and workers' needs.

Following incorporation of the Agreement on social policy in the Treaty, after the IGC and the Amsterdam European Council, the legal effect of the directives also applies to the United Kingdom.

d.     Employment guidelines
In December 1997, on a proposal from the Commission, the Council adopted guidelines for employment, the main aims of which include strengthening equal opportunities policies. The guidelines are to be reflected in practical measures and included in national action plans drawn up by the Member States (Council Resolution of 15 December 1997).

e.     Court of Justice rulings in the Kalanke and Marschall cases
- The Court's ruling of 17 October 1995 in the Kalanke case, C-450/93, held that positive action policy on recruitment and promotion contravened Article 2(4) of equal treatment Directive 76/207. The directive provides for the possibility of ‘measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect women's opportunities' in the areas of access to employment, promotion and vocational training.

- But on 11 November 1997 the Court recognised, in the Marschall case, C-409/95, that the Directive authorises the Member States to take measures in favour of women in order to improve their ability to compete in the employment market and pursue their career on an equal footing with men. In this way women with the same qualifications as their male competitors can receive preference for promotion in areas where they are under-represented, so as to reduce an existing inequality.

f.     Modification of the ‘burden of proof' in cases of sex-discrimination
The Council adopted a directive on this subject on 15 December 1997. Under the directive it is up to defendants taken to court for direct or indirect discrimination to prove that they have not infringed the principle of equal treatment. Until that date, a woman invoking a breach of the principle of equality in cases of discrimination of this kind usually had to assume the burden of proof on her own, even if some of the facts would have been easier for the defendant to establish.

ROLE OF THE EUROPEAN PARLIAMENT

Parliament has played a significant part in supporting the equal opportunities policy, particularly since the creation of its Committee on Women's Rights in July 1984.

- Parliament resolutions greatly assisted the EU position at the World Conference on Women in Beijing in September 1995, at which the Council, Commission and Parliament were unanimous in their agreement on the action platform.

- On 13 February 1996 Parliament adopted a resolution on the Memorandum on equal pay for work of equal value, recognising that wage differences between the sexes for work of equal value are only one of the sources of discrimination in the employment market. Other instances of divergence may be attributed to the structure of the local employment markets, wage structures, or a lack of social facilities enabling men and women to combine family commitments with an occupational career.

- On the Intergovernmental Conference to prepare for the Treaty of Amsterdam, both the Commission and Parliament drew attention to the need for a basic text summarising citizens' rights and obligations with specific reference to equal opportunities. The resolution of 17 May 1995 proposed extending European citizenship rights by including the principle of equal treatment irrespective of race, sex, age, handicap or religion in the relevant chapter of the EC Treaty. It further suggested that the Treaty provisions on equal rights should not apply to economic activity alone, but should also include rights on equality between men and women and transnational rights of organisations in collective bargaining and employment disputes. And Article 2 of the Treaty should spell out the Community's social function as well.

- Parliament also stressed the need for implementing the principle of equal treatment of men and women in occupational social security schemes (12 November 1996) and took a close look at the situation of spouses helping self-employed workers (20 February 1997), with reference to the most vulnerable sectors of society and workers in precarious jobs.

- On 16 September 1997 it came out in favour of the Commission Communication on 'Incorporating equal opportunities for women and men into all Community policies and activities — "mainstreaming"', stating that this approach was a step forward in the equal opportunities policy but arguing that information campaigns would be needed to ensure that the equal opportunities principle took effect in all the areas of Community activity.

- On the same date Parliament drew attention to various forms of discrimination and violence against women which get in the way of real equality of opportunity. It adopted resolutions on the treatment of women in advertising and the need for a European 'zero tolerance' campaign on violence against women. Taking into account the effect on society in Europe of increased unemployment and poverty, the Parliament adopted in December 1997 a resolution on trafficking in women for the purpose of sexual exploitation. Pointing out that violence profoundly affects women's lives and prevents them from attaining true equality, it urged the Commission and Council to designate 1999 as ‘ European Year of action to combat violence against women'. This proposal was drawn up in the Written Declaration of 9 March 1998, signed by 350 MEPs and adopted in plenary sitting on 2 April 1998.

- 1999 was the year during which Parliament adopted a number of important action programmes such as the action programme 1996-2000 on equal opportunities for men and women, the programme DAPHNE on measures to combat violence against children, young persons and women, programme for access to employment, vocational training and promotion and working conditions.

- Parliament has monitored the impact of the Beijing Conference and the follow-up Conference of June 2000 (Beijing+5). Although the aims set have not been attained as fully as expected, the global policy of mainstreaming, i.e. the methological inclusion of equality between men and women is being integrated in all the activities and policies in the EU.

16/10/2000