Prsentation PowerPoint

1
Equality between men and women some
directives Alexandra Rabouël - Syndex
Promoting equality between men and women in
the TCL sectors Conference 30th November - 1st
December 2006, Prague Organised thanks to
financial support of European Commission
2
Introduction

• Equality between men and women is fundamental
  principle of community right confirmed by the
  treaty of European Union and by the jurisprudence
  of the Court of Justice of European Community.
• Equality of men-women is the mission and
  objective of the Union which has to promote it in
  all its actions.
• Equality before the law as well as the protection
  against discrimination constitutes a universal
  right recognised by
• Universal declaration of human rights,
• Convention of United Nations,
• European Constitution (ratification in process)
  .

3
Disparities between different member States of
the EU

• Despite these regulations, disparities but also
  discrimination in member States of European Union
  persist.
• Inequalities and discrimination are much more
  marked in the countries of the South of Europe or
  in Germany.
• Countries in the North of Europe have got, on the
  contrary, older egalitarian traditions and they
  were able to adopt more provisions allowing women
  to have professional activity even with the
  children of low age.
• The situation is even different for new entering
  countries where the rate of activity of women is
  historically very high (62  in Czech Republic
  against 48  in Spain or 50  in Italy).

4
Evolution in the area of equality and
discrimination

• Sometimes, during the construction of this
  Community right , there were difficulties because
  this right concerns States.
• They were manifesting resistance at transposition
  or at application of this right.
• It was also important that the persons involved
  use for their actions necessary levers.
• Thus, Community right enabled important evolution
  periods which can be seen in all member States.
• So, the persons who have been subject of
  discrimination, can promote today their rights
  and to make use of efficient recourse.

5
New directive on the equality of men-women
should interdict any form of discrimination and
to promote the equality by social dialogue.

• Directive 2006/54 concerning the application of
• the equality of chances
• the equality of treatment with regard to
  employment and work.
• Directive will come into force from August 2009
• it will clarify and simplify 4 former directives
  which are substantially redone but it takes also
  into consideration other directives
• it integrates new elements originating from
  jurisprudence of the Court of Justice of
  European Community.
• States will have to put legislative and
  administrative provisions in force at the latest
  on August 15, 2008 in view that social partners
  will integrate provisions taken via an agreement.

6
Four former directives abrogated in 2009 (1)

• Directive 75/117/EEC from 1975 equality of
  remuneration of working man and women
• it comprised, out of the term equal work, the
  term work of equal value.
• it obliges the States to use common criteria at
  fixing the remuneration in the system of
  professional classification
• Directive 76/207/EEC from 1976 equality of
  treatment concerning the access to the
  employment, training and professional advancement
  as well as working conditions.
• it defines the principle of equality as   the
  absence of any discrimination founded directly or
  indirectly on the sex with reference to familial
  or matrimonial state 
• together with the directive 2002/73, it is the
  first modest step to reconciliation between
  familial and professional life. It recognises
  the right to paternity and/of to adoption

7
Four former directives abrogated in 2009 (2)

• Directive 86/378/EEC from 1986 equality in
  professional schedule of social security it has
  been modified by the directive from 1996
• Directive 97/80/EEC from 1997 concerning the
  evidence in case of discrimination founded on the
  sex

8
Interdiction of any discrimination

• Directive 2006/54 it comprises the guarantee of
  the equality of chances and treatment concerning
  
• access to the employment, including advancement
  and vocational training
• working conditions, in particular remuneration
  free from any discrimination (for equal work or
  for the work of equal value)
• professional schedule of social security ensuring
  protection against sickness, disability, old age,
  industrial accident, occupational disease,
  unemployment.
• It bans any discrimination
• at workplace
• concerning professional advancement
• any less favourable treatment (concerning
  pregnant women, women on maternity leave)
• harassment, including sexual harassment

9
Adoption of specific measures

• Although ban on any discrimination does not
  impede to maintain or to adopt specific measures
  in view to prevent or to compensate disadvantaged
  position of the group of persons of the same
  sex.
• Member States have to improve in particular the
  situation of women in professional life in
  accordance with the declaration annexed to the
  treaty from Amsterdam (1997).
• The Court of Justice has recognised that it is
  rightful, in terms of the principle of equal
  treatment, to protect woman because of her
  biological condition in course of pregnancy and
  maternity.
• It is also important to adopt provisions on the
  protection of women on maternity leave with
  regard to the employment and especially their
  right to equal work or to equivalent work after
  maternity leave.

10
To promote equality at all levels

• Directive also means to promote the equality by
  the help of all persons involved. It points out
  the necessity for member States to support social
  dialogue between social partners and it offers
  the ways of action to promote the equality of
  treatment by
• the supervision of practices at workplace
• the supervision of collective agreements
• the search or exchange of experience and fair
  practices
• Social partners are called to conclude agreements
  contributing to better reconciliation between
  professional and private life.
• Employers are encouraged to inform regularly
  employees on the equality of treatment with
  regard to the access to the employment, training
  and professional advancement in the company.
• Member States have to favour the dialogue with
  non-governmental organisations to contribute to
  fight discrimination founded on the sex.

11
Other directives (1)

• Directive 92/85 EC it includes measures
  concerning safety and health of pregnant women
  who gave birth to a baby or who suckle at work.
  It has fixed paid compulsory maternity leave
  minimum 14 continuous weeks.
• it,protects women in a better way but with regard
  to its legal basis and incompatibility with
  provisions of the directive 76/207 and the
  interpretation of the Court of Justice of EC, it
  brings about problems
• Directive 96/34 EC it concerns framework
  agreement on parental leave.
• it mentions minimum regulations on parental leave
  and on absence at work because of force majeur as
  important means to reconciliation between
  professional and family life.
• it supposes individual right to parental leave
  for men and women at the birth or adoption of
  child for taking care of him during 3 months

12
Other directives (2)

• Directive 97/81 EC on part-time work it tries
  to guarantee to workers concerned by new forms of
  flexible work a treatment comparable with the
  treatment of full time workers. It supposes
• to eliminate discrimination towards part-time
  workers and to improve the quality of work on
  voluntary basis
• to contribute to flexible organisation of working
  time keeping in view the needs of employees
• This directive participates in fixation of the
  principle of reconciliation between professional
  and family life
• it specifies that it is proper  to follow that
  there is no limit of part-time work or work of
  women on the lowest level of qualification 
• it is proper to examine  to what extent
  part-time work would be more accessible to
  certain groups of workers, in particular to
  parents with children of low age and to senior
  workers .

13
Other directives (3)

• Directive 2000/43 EC concerning the application
  of the principle of equality of treatment between
  persons without distinction of race or ethnic
  origin
• Directive 2002/73 EC it specifies that the
  States have to take proper measures to favour
  social dialogue between social partners in view
• to promote equal treatment
• to conclude, on appropriate level, agreements
  fixing rules free from discrimination
• and to encourage dialogue with non-governmental
  organisations struggling against discrimination
  founded on the sex

14
Other directives (3)

• Directives 94/45 EC and 2002/14 EC concerning
  European Works Council or procedure in companies
  and in groups of Community dimension with the
  objective to inform and to consult workers
• directive 2002/14 has the objective to establish
  general framework fixing minimum requirements in
  terms of the right to information and
  consultation in companies or in plants
• no specific mention of the directive concerns the
  information related to the topic of professional
  equality.

15
Definition of discrimination

• Direct discrimination happens when a person is
  treated in less favourable way than another one
  who is not treated, has not been treated or would
  not be treated in comparable situation, on the
  basis of one of the aimed reasons . This
  definition implies that discriminatory act is
  intentional.
• Indirect discrimination happens,when a
  provision, criterion or practice apparently
  neutral can cause particular disadvantage for
  persons compared to others , on the basis of one
  of the aimed reasons provided that this
  provision, this criterion or this practice are
  not objectively justified by a rightful objective
  and that the means to carry out this objective
  are appropriate and necessary.
• Internet sites (in all languages)
• http//ec.europa.eu/employment_social/gender_equal
  ity/legislation/legalacts_fr.html
• http//ec.europa.eu/employment_social/ labour_law
  /directives_fr.htm -
• europa.eu.int/eur-lex/fr/search/search_oj.html

16
Sheet concerning equality between women and men
(2006-2010)

• The sheet of European Union defines certain
  existing areas and it suggests completely new
  areas of action.
• Six preferred areas are maintained
• equal economic independence for women and men
• reconciliation of private and professional life
• equal representation in decision making
• eradication of all forms of violence founded on
  gender
• elimination of stereotypes of gender
• promotion of equality between women and men in
  external policies and development .