Gender Equality [EU]
Gender equality in the labour market
The objective of this Directive is to consolidate several directives on gender equality by simplifying, modernising and improving EU legislation in the area of equal treatment for men and women in employment.
Equality between men and women is a fundamental principle of EU law which applies to all aspects of life in society, including to the world of work.
Equality in employment and working conditions
This Directive prohibits direct or indirect discrimination between men and women concerning the conditions of:
recruitment, access to employment and self-employment;
dismissals;
vocational training and promotion;
membership of workers’ or employers’ organisations.
In addition, Article 157 of the Treaty on the Functioning of the EU prohibits discrimination on grounds of sex on matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.
However, different treatment for men and women may be justified by reason of the nature of the particular occupational activity, if the measures taken are legitimate and proportionate.
EU countries must encourage employers and vocational trainers to act against discrimination (both direct and indirect) on grounds of sex, and particularly against harassment* and sexual harassment*.
Equality in social protection
Women and men are treated equally under occupational social security schemes, particularly concerning:
the scope and conditions of access to the schemes;
the contributions;
the calculation of benefits, including supplementary benefits, and the conditions governing the duration and retention of entitlement.
This principle applies to the whole working population, including:
self-employed workers, however for this category EU countries may provide for different treatment, in particular concerning the age of retirement;
workers whose activity is interrupted by illness, maternity, accident or involuntary unemployment;
persons seeking employment, retired and disabled workers, and those claiming under them.
Maternal, paternal and adoption leave
At the end of maternal, paternal or adoption leave, employees have the right to:
return to their jobs or to equivalent posts on conditions which are no less favourable to them;
benefit from any improvement in working conditions to which they would have been entitled during their absence.
Defence of rights
EU countries must put in place remedies for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, they shall take the necessary measures to protect employees and their representatives against adverse treatment as a reaction to a complaint within the company or to any legal proceedings.
Lastly, they shall establish penalties and reparation or compensation possibilities in relation to the damage sustained.
In the case of legal proceedings, the burden of proof is on the party accused of discrimination who must prove that there has been no breach of the principle of equal treatment.
Promoting equal treatment
EU countries appoint bodies whose role it is to promote, analyse and monitor equal treatment, to ensure that the legislation is followed and also to provide independent support to victims of discrimination.
In addition, enterprises must promote the principle of gender equality and strengthen the role of social partners and non-governmental organisations.
Background
Gender equality
Gender equality in the labour market
Gender Statistics
KEY TERMS
* Direct discrimination: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation.
* Indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
* Harassment: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
* Sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
ACT
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, pp. 23–36)
Gender equality in the labour market
The objective of this Directive is to consolidate several directives on gender equality by simplifying, modernising and improving EU legislation in the area of equal treatment for men and women in employment.
Equality between men and women is a fundamental principle of EU law which applies to all aspects of life in society, including to the world of work.
Equality in employment and working conditions
This Directive prohibits direct* or indirect discrimination* between men and women concerning the conditions of:
recruitment, access to employment and self-employment;
dismissals;
vocational training and promotion;
membership of workers’ or employers’ organisations.
In addition, Article 157 of the Treaty on the Functioning of the EU prohibits discrimination on grounds of sex on matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.
However, different treatment for men and women may be justified by reason of the nature of the particular occupational activity, if the measures taken are legitimate and proportionate.
EU countries must encourage employers and vocational trainers to act against discrimination (both direct and indirect) on grounds of sex, and particularly against harassment* and sexual harassment*.
Equality in social protection
Women and men are treated equally under occupational social security schemes, particularly concerning:
the scope and conditions of access to the schemes;
the contributions;
the calculation of benefits, including supplementary benefits, and the conditions governing the duration and retention of entitlement.
This principle applies to the whole working population, including:
self-employed workers, however for this category EU countries may provide for different treatment, in particular concerning the age of retirement;
workers whose activity is interrupted by illness, maternity, accident or involuntary unemployment;
persons seeking employment, retired and disabled workers, and those claiming under them.
Maternal, paternal and adoption leave
At the end of maternal, paternal or adoption leave, employees have the right to:
return to their jobs or to equivalent posts on conditions which are no less favourable to them;
benefit from any improvement in working conditions to which they would have been entitled during their absence.
Defence of rights
EU countries must put in place remedies for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, they shall take the necessary measures to protect employees and their representatives against adverse treatment as a reaction to a complaint within the company or to any legal proceedings.
Lastly, they shall establish penalties and reparation or compensation possibilities in relation to the damage sustained.
In the case of legal proceedings, the burden of proof is on the party accused of discrimination who must prove that there has been no breach of the principle of equal treatment.
Promoting equal treatment
EU countries appoint bodies whose role it is to promote, analyse and monitor equal treatment, to ensure that the legislation is followed and also to provide independent support to victims of discrimination.
In addition, enterprises must promote the principle of gender equality and strengthen the role of social partners and non-governmental organisations.
Background
Gender equality
Gender equality in the labour market
Gender Statistics
KEY TERMS
* Direct discrimination: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation.
* Indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
* Harassment: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
* Sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
ACT
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, pp. 23–36)
Self-employment — equal treatment between men and women
Directive 2010/41/EU on the application of the principle of equal treatment between men and women who are self-employed
It puts into effect the principle of equal treatment between self-employed men and women.
Key Points
The legislation covers all self-employed workers (people pursuing a gainful activity for their own account) and their spouses or life partners.
Equal treatment means no discrimination, either directly* or indirectly*, on grounds of gender in the public or private sectors.
Harassment*, sexual* or otherwise, is considered to be discrimination on grounds of sex.
EU countries may adopt positive action, such as promoting business initiatives among women, to ensure full equality in practice between working men and women.
EU countries must ensure:
the conditions for establishing a business between spouses or life partners are no more difficult than for other people;
spouses and life partners can benefit from national social protection schemes;
self-employed female spouses and life partners are granted a sufficient maternity allowance of at least 14 weeks;
anyone who considers their equal treatment rights have not been respected can access judicial or administrative proceedings;
real and effective compensation or reparation is available for any loss or damage someone might have suffered;
the relevant national bodies have the authority to promote, analyse, monitor and support equal treatment of all people covered by the legislation;
equal treatment is applied between men and women when drafting and implementing laws, regulations, administrative provisions, policies and activities covered by the legislation;
the content of the legislation is made as widely known as possible.
EU countries had to provide the European Commission with all the relevant information on implementation of the directive by 5 August 2015.
The Commission is to present a report on the basis of the national submissions to the European Parliament and the Council no later than 5 August 2016.
The Commission has its own website for female entrepreneurs.
Application & Background
It applies from 4 August 2010. EU countries had to incorporate it into their national law by 5 August 2012.
For more information, see ‘Employment and training’ on the European Commission’s website.
KEY TERMS
* Direct discrimination: where one person is treated less favourably than another because of their gender.
* Indirect discrimination: where an apparently neutral rule, criterion or practice puts people of one gender at a particular disadvantage.
* Harassment: where unwanted conduct violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
* Sexual harassment: any form of unwanted verbal, non-verbal or physical conduct of a sexual nature.
MAIN DOCUMENT
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, pp. 1–6)
last update 28.06.2016
EU accession to Istanbul Convention
SUMMARY OF:
Decision (EU) 2017/865 – signing the Council of Europe Convention on violence against women on behalf of the EU as regards cooperation in criminal justice
Decision (EU) 2017/866 – signing the Council of Europe Convention on violence against women on behalf of the EU as regards asylum and non-refoulement
They authorise the European Union (EU) to sign the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) on behalf of the EU as regards matters falling within its powers.
This is a significant step towards the EU becoming – along with the EU Member States – a full party to the Istanbul Convention.
Key Points
The Istanbul Convention covers matters falling within the powers of the EU and its Member States.The EU should therefore become a party to the convention alongside the Member States so that, together, they can effectively fulfil the obligations laid down in the convention.
The decisions state that the convention should be signed on behalf of the EU as regards matters falling within its powers, insofar as the convention may affect common EU rules or alter their scope.
Such EU powers exist in particular as regards the rules of the convention on judicial cooperation in criminal matters and on asylum and non-refoulement (protection of a person against expulsion or having to return to a country where they would have reason to fear persecution – one of the essential components of refugee status and of the right to asylum).
Application & Background
They have applied since 9 June 2017.
The Istanbul Convention is the most comprehensive international treaty on combating and preventing violence against women* and domestic violence*. It was presented and opened for signature in 2011 and has applied since August 2014. It is open for signature by the EU, which participated alongside the Member States, as an observer, in its negotiation.
Council Decisions (EU) 2017/865 and (EU) 2017/866 were adopted in the context of 2017 being declared by the European Commission as a year focused on actions to fight violence against women.
For further information, see:
International Day for the elimination of violence against women – Factsheet (European Commission).
KEY TERMS
Violence against women. As defined in the Istanbul Convention, acts of gender-based violence (i.e. violence that is directed against a woman because she is a woman or that affects women disproportionately) that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
Domestic violence. As defined in the Istanbul Convention, all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.
MAIN DOCUMENTS
Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters (OJ L 131, 20.5.2017, pp. 11–12).
Council Decision (EU) 2017/866 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to asylum and non-refoulement (OJ L 131, 20.5.2017, pp. 13–14).
RELATED DOCUMENTS
Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Strasbourg, 12 April 2011.
European Union gender equality strategy
European Commission communication – A Union of equality: Gender equality strategy 2020–2025
It forms the basis for the European Commission’s work on gender equality and sets out the policy objectives and key actions for the 2020–2025 period.
The European Union’s (EU) gender equality strategy aims to achieve a gender equal Europe, free of gender-based violence, sex discrimination and structural inequality between men and women. A dual approach will be taken in implementing the strategy, which includes:
targeted measures to achieve gender equality; combined with
gender mainstreaming to strengthen the integration of a gender perspective in all EU policies and major initiatives.
Key objectives and actions
The strategy sets out the key objectives and accompanying actions to be carried out by the Commission, the Council of the European Union and the EU Member States.
Combating gender-based violence and stereotypes. Key actions include:
acceding to the Council of Europe convention – the Istanbul Convention – on preventing and combating violence against women and domestic violence;
an EU-wide communication campaign against gender stereotypes.
A thriving gender equal economy by addressing issues such as the gender pay gap. Key actions include:
ensuring the implementation of Directive (EU) 2019/1158 on work–life balance (see summary);
proposal to revise the Barcelona targets on early childhood education and care to ensure further upwards convergence among Member States.
Equal leadership opportunities in decision-making and politics. Key actions include:
pushing for the adoption of a directive on improving gender balance on corporate boards;
facilitating the exchange of good practices addressing gender balance in executive boards and managerial positions.
Enhancing EU gender policy externally. Key actions include:
launching the third action plan on gender equality and women’s empowerment in external relations;
adopting the action plan on human rights and democracy (2020–2024).
Gender mainstreaming and ensuring an intersectional perspective in EU decision-making
The Commission will integrate a gender perspective into all its major initiatives, helped by the appointment of the first Commissioner for Equality, as a stand-alone portfolio, and by creating a task force for equality.
Gender equality in funding
The Commission’s proposal for the 2021–2027 multiannual financial framework supports various gender equality issues, including:
women’s labour-market participation and work–life balance;
investment in care facilities; and
support for female entrepreneurship.
Funding is provided through various EU funding and budgetary guarantee instruments, including:
the European Social Fund Plus (see summary);
the European Regional Development Fund (see summary); and
the creative Europe programme (see summary).
Dedicated funding for projects benefiting civil-society organisations and public institutions that implement specific actions, including preventing and combating gender-based violence, will be available through the citizens, equality, rights and values programme.
MAIN DOCUMENT
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Union of equality: Gender equality strategy 2020–2025 (COM(2020) 152 final, 5.3.2020).
RELATED DOCUMENTS
Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work–life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, pp. 79–93).
Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (OJ L 403, 30.12.2006, pp. 9–17).
Successive amendments to Regulation (EC) No 1922/2006 have been incorporated in the original text. This consolidated version is of documentary value only.