CONFERENCE ON 50 YEARS OF EU GENDER EQUALITY LAW (Date: 27/12/2007)

Report 29.11.2007

GRACE ATTARD, EESC MEMBER GROUP III

CONFERENCE ON 50 YEARS OF EU GENDER EQUALITY LAW

EUROPEAN COMMISSION
Directorate General Employment, Social Affairs
And Equal Opportunities
25-26 October 2007
Venue:
Charlemagne, Gasperi Room
Rue de la Loi

OPENING SESSION
Welcome speeches

First Speaker

Mr Vladimir Spidla, Commissioner for Employment, Social Affairs
and Equal Opportunities

Commissioner Spidla introduced his speech by stating that equality needs to be anchored in all member states in all areas. The European Court of Justice (ECJ) has served to bring legal aspects within the reach of European citizens. Equality legislation, particularly directives on equal pay and access to employment and social security have served to improve equality between men and women. However, the persistent gender pay gap still needs to be addressed. Reducing the pay gap is one of the objectives of the European Strategy for Growth and Jobs

Areas that need to be given priority are:
Addressing issues concerning pregnant§ women and women who have just given birth
Encouraging paternity leave§
§ The burden of proof in situations of sexual harassment at the workplace
§ Equal access to goods and services
Positive action§

Addressing these issues is necessary to provide a solid and coherent positive impact on everyday life through Community Law. There is the need to ensure that current laws are properly applied by all concerned: judges, lawyers, citizens, associations and social partners. Knowledge needs to be spread as wide as possible, in particular to new legislators. There is also the need to simplify a, recast and complete legal provisions following the 2006 recasting of directives on employment

Commissioner Spidla referred to the Roadmap for Equality between Women and Men 2006-2010. All European partners were involved and have committed themselves to gender equality in particular to reconciliation between professional and private life. The ‘50 years European Union Project’ anniversary celebrations are a unique opportunity to take stock of what has been done regarding gender equality and equal opportunities and to identify and address the challenges of the future in the contexts of globalization and demographic change.

Second Speaker

Ms Ziti Gurmai, Member of the European Parliament, Vice-Chair of the Committee on Women’s Rights and Equal Opportunities

Ms Gurmai traced equality legislation since 1957 – Treaty of Rome establishing equality in all policy areas and in Community Law to ensure that the principle of equality is backed by strong legislation. She also referred to the Roadmap for Equality 2006-2010 and the Gender Pact, highlighting the importance of addressing reconciliation between work and family life
There is the need to revise gender equality in the context of the Lisbon Strategy which should be reflected in the Lisbon Declaration (2007). She also gave latest statistics regarding women in employment in Europe and highlighted current and future challenges:
• Demographic change
• Making Europe more competitive

Issues that should be given priority are
• The gender pay gap
• Increasing the number of women in deism-making. In particular in the economy
• Reconciliation between work and family life
• Childcare facilities- parents – fathers and mothers need to have choices regarding the provision of quality and affordable childcare
• The role of employers in providing childcare as a sound investment but this should not be regarded only from the financial point of view
• Structural and regional funds should be made use of for more and better childcare facilities and lifelong learning respectively
• More campaigns are needed to create awareness of the gender pay gap and to address inequalities

Third Speaker

The representative of the Secretary of State of Portugal traced the development of soft legislation in employment, highlighting the directive on access to goods and services. He also spoke about the need to strengthen measures to support victims of discrimination in the workplace, in particular the role of the social partners in addresingthis issue.

Reference was made to the July 2007 Conference in Lisbon on Growth and Employment. Emphasis was made on the need to exchange good practices. There is an urgent need for men to be on an equal footing with women in family life. The European Year of Equal Opportunities for All 2007 and its follow-up should work to create a Europe with Equal Opportunities for All


Short Film: Voices from Europe: Examples of application of legislation regarding equal pay

Session 1

Europe’s Achievements in gender equality law
Chairperson Mr. Michele Petite, Director General Legal Service European Commission

Opening remarks

This session explained the role of the European Court of Justice (ECJ) and its work throughout the years in interpreting the law and its application

First speaker:

Mr. Anindrias O Caoimh, Judge at the Court of Justice of the European Communities

The speaker stated that ECJ doesn’t decide which cases come before it. Its role is to interpret and apply the law. He also traced the developments in legislation resulting from Case Law over the years
The speaker highlighted a number of achievements of the ECJ namely the application of affirmative (positive) action in addressing equality issues on the basis of:
• Criteria not to discriminate against female candidates, that is not seeking a male norm
• Maternity leave not to be judged as a financial loss
• Stereotyping
The Case Law alone cannot address all the problems; however it can clarify community law to ensure full effect of Community directives

Second Speaker:

Ms Catherine A. MacKinnon, Professor of Law, University of Michigan Law School

The speaker spoke about two leading approaches on which Europe and US, Canada and South Africa base legislation on discrimination
Europe: Aristotle philosophy, while across the Atlantic legislation is based on transforming hierarchies of historically disadvantaged groups

Third speaker:

Ms Sacha Prechal, Professor of European Law, Utrecht Law School/Europe Institute, Utrecht University

The speaker spoke about the obligations of Private Employers, referring to two current cases – Employers versus Trade Unions, the following aspects should be given priority
The need for effective judicial protection against discrimination
Sanctions that are effective and proportionate and dissuasive
Obligation to interpret the law in conformity with directives
Setting appropriate time limits in submitting cases for investigation
The role of the vigilant ombudsman/woman

Session II

Access to employment and equal pay

Chairperson: Ms Belinda Pyke, Director Equality between Women and Men, Action against discrimination, Directorate General, Employment, Social Affairs and Equal Opportunities, European Commission

Opening remarks:
Reference was made to the French model: economic integration and the German model: social and economic integration

First Speaker:

Ms Dagmar Schiek, Professor Cahir in European New, University of Leeds
The speaker spoke about Article 3 - the gender mainstreaming clause:
• There is the need for strong initiatives in collective agreements on retirement age discrimination
• Implementation of gender mainstreaming needs to be more effective
• She also highlighted the importance of job classification schemes that should exclude any discrimination based on sex, which is very often difficult to identify. The recast directives do not include the pay gap directive and this should be addressed
• The ECJ is reluctant in assessing job classification schemes

Equal Treatment Directives: 2002/73 EC and 2007/76 EEC so far take a very narrow approach to positive action although it addresses victimization
2002 Case Law addresses:
• indirect discrimination
• effective judial protection
• maternity protection
• burden of proof

Measures to put equal treatment into effect:
• Structural approach
• Proactive polices
• Completing Community Framework

Second Speaker:

Ms Jill Rubery, Professor of Comparative Employment systems, University of Manchester and Co-director of the European Work and Employment Research Centre (EWERC)
The speaker spoke about the economic impact of the gender pay gap. Measures to address this issue include:
• Encouraging women to invest in education
• Childcare facilitates
• The role of men
• Economic independence
• Discrimination unemployment
• Statistical discrimination
• Studying cases at individual level

She also spoke about the power of employers in relation to issues regarding raising minimum wages and wages at lower levels. Home production is considered an advantage for women as they have specialized in it, however equality in the labour market is necessary to make up for the lack of equality in sharing of home work The choice is not between home and work but between nor family of work

In speaking about the gender pay gap, the speaker highlighted the following aspects;
• Segregation
• Discrimination
• Women’s unequal burden

Women’s work is undervalued resulting in risks of:
• Being paid less
• Employed in occupations that are in themselves undervalued
• Increases undervaluing women’s work is emerging in the increase of outsourcing,
• part-time work,
• new division of labour and
• individual contracts

There is the need of integration in job classification systems and not fragmentation
Proposals:
• Developing collective bargaining
• Promoting women’s skills to make them more visible (accreditation)
• Transparency of rewards
• Ending the long hour sculture
• Employers to promote incentives for female employees
• Comparison across business organizations

Other points raised:
• Paid leave so that women do not need to depend on men’s leave
• Jobs to be gender mainstreamed
• Reconciliation between work and family life is not be the basis of the gender pay gap
• Promoting part-time work is resulting in less pensions entitlement
• Skills shortages can be linked to underutilized women and not necessarily to migrants
• The need for a change of culture for employers, especially where there are no social partners to address discrimination issues
• The EU More and Better Jobs strategy should include women’s participation in the labour market and emphasis should be on the quality of the jobs

Third speaker:

Mr. Bengt Axelsson, Brigadier General, Swedish Defence Force
The speaker gave an explanation of an initiative he took in addressing gender discrimination in the Armed Forces
It takes will and good leadership ‘It takes a hard guy to deal with a soft question’

Fourth speaker:

Ms Daniel Banker, Head of Unit: Equality, Action Against Discrimination, Legal questions, Directorate General, Employment, Social Affairs and Equal Opportunities, European Commission
The speaker linked development of equality legislation with the Lisbon Strategy for Growth and Employment. She emphasized the obligations of member states in adopting positive measures to eliminate discrimination.
Job classification schemes need to include effective measures to ensure the elimination of discrimination.
Member states are obliged to promote equality and to encourage social partners to adopt equality measures.
Member states are obliged to ensure equal pay is implemented and not just to ensure that social partners take the responsibility
ECJ has wide case law on cases of ‘equal work’ and indirect discrimination in part-time work which should be consulted

Other points raised

Are we well equipped to combat discrimination with the current legal instruments?
Addressing indirect discrimination is not easy; it is disguised and usually addresses groups of employees and not individuals. This makes it more difficult to establish and victims might not be aware of discrimination
We need to study closely current criteria of job classifications – their explicit, implicit implications, progression of work in the context of time, availability, home responsibilities
We need to ensure transparency in job classification systems.
There is the need for positive action to tackle labour market segregation
Close monitoring and evaluation
In studying job classification criteria focus should be on:
• part-time work,
• new work organization,
• access to education and vocational training
• IT training
• A closer study of the working time Directive is necessary to ensure non-discrimination