Tag Archives: Equal treatment

The EU Role in Global Health

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The EU Role in Global Health

Outline of the Community (European Union) legislation about The EU Role in Global Health

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Development > Sectoral development policies

The EU Role in Global Health

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – The EU Role in Global Health [COM(2010) 128 final – Not published in the Official Journal].

Summary

The Commission presents principles to improve action undertaken by the European Union (EU) as regards protecting world health.

Health protection in non-Member States of the EU aims mainly at preventing health risks and reducing inequality of access to care. In addition, action in this area must take into account a number of social, economic and environmental factors.

Improving global governance

The Commission recommends better coordination of the different action undertaken by States or groups of States, at:

  • global level, in order to defend a single position within the World Health Organization (WHO) and the United Nations (UN);
  • regional level, to develop exchange and networks between neighbouring States;
  • national level, to support public policies and the control of public funding, as well as interaction with other areas (such as education, youth empowerment, the family, etc.).

Developing universal health coverage

Universal coverage of health services should be established in the poorest countries. In this regard, the EU should increase its public development aid (PDA), but also reinforce its effectiveness and predictability. The Commission also recommends:

  • concentrating aid to serve the most fragile populations and countries;
  • strengthening the effectiveness and equity of health systems, as well as their functioning in terms of workforce, access to medicines, infrastructure, logistics and decentralised management;
  • having recourse to global initiatives and existing international financial institutions, but also to innovative funding.

Increasing policy coherence

Key issues in health policy should be taken into account in other areas, such as:

  • trade, in particular with regard to intellectual property rights, access to essential medicines, opening up generic medicine competition and combating counterfeiting;
  • managing migration, which should not undermine the availability of health professionals in developing countries;
  • defence and security, in order to better address fragile contexts and to provide an early response to international health risks;
  • food safety, food aid and nutrition, through public policies and the monitoring of nutritional status in the population;
  • climate change – the objective of health protection should be taken into account when allocating new funding.

Particular attention should also be paid to the fields of education and youth.

Research and innovation

Access to health services, medical technologies and medicines should benefit all. Research and innovation strategies should therefore be directed towards:

  • strengthening the research process overall – innovation, implementation, access, monitoring and evaluation;
  • collecting comparable data and statistics at global level, by collaborating with national and international organisations working on world health (WHO, OECD, etc.);
  • improving the dissemination of factual information, including risks, and the safety of food, feed, pharmaceuticals and medical devices.

Optimising skills

The EU must put in place mechanisms to optimise:

  • European action in EU countries and external countries, particularly within a platform to exchange information and through the development of common positions between EU countries and the Commission;
  • monitoring of European aid and implementation of the EU Code of Conduct on Division of Labour in the area of health;
  • dialogue between the key global players, in partnership with UN agencies and international financial institutions.

Context

The adoption of the Millennium Development Goals (MDGs) in 2000 has led to progress being made with regard to reducing global poverty. However, progress in developing countries is still uneven and often insufficient.

The international community has therefore enhanced its efforts regarding the three MDGs relating to health (reducing child mortality, improving maternal health, and combating disease – in particular HIV/AIDS and malaria).

Free movement of workers: taking stock of their rights

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Free movement of workers: taking stock of their rights

Outline of the Community (European Union) legislation about Free movement of workers: taking stock of their rights

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Free movement of workers: taking stock of their rights

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 13 July 2010 – Reaffirming the free movement of workers: rights and major developments [COM(2010) 373 final – Not published in the Official Journal].

Summary

Since the establishment of the principle of the free movement of persons in the European Union (EU), many obstacles to mobility have been abolished. The Commission therefore presents the main legal developments which have improved the rights of European migrant workers. In addition, the promotion of mobility is an objective of the new Europe 2020 Strategy.

Free movement of workers

The principle of the free movement of persons applies to all European citizens whose period of residence does not exceed three months. After that period, the exercise of the freedom of movement is subject to certain conditions. However, migrant workers enjoy better conditions than non-active citizens.

The principle of free movement of workers entitles all European citizens to work in another EU country (Article 45 of the Treaty on the Functioning of the EU (TFEU)). Certain countries may impose registration formalities on workers after a period of three months, but no other residence condition.

Self-employed workers (Article 49 of the TFEU) and posted workers in the context of the provision of services are subject to other provisions.

Migrant workers are those who have:

  • an income, including a limited income or benefits in kind. Only voluntary work is excluded from the definition;
  • a relationship of subordination, which characterises gainful employment (i.e. the employer determines the choice of activity, remuneration, working conditions, etc.);
  • genuine and effective work, because the activity must not be marginal or accessory. However, part-time work, traineeships and certain forms of training are recognised;
  • a cross-border link, i.e. the worker must reside or work in an EU country other than his or her country of origin.

Other categories of citizen may benefit from the freedom of movement of workers if their period of residence exceeds three months:

  • members of the migrant worker’s family, irrespective of their nationality. They have access to the social advantages of the host country;
  • people retaining the status of worker, even if they are no longer employed in the host country (in the case of temporary inability to work, involuntary unemployment, etc.);
  • jobseekers, if they can prove that they are actively seeking employment.

Access to employment

Migrant workers must be able to pursue their professional activities under the same conditions as national workers. They may not be discriminated against with regard to:

  • the exercise of a regulated profession, because they can apply for recognition of their professional qualifications or training;
  • language requirements, which must only be reasonable and necessary for the job in question;
  • access to the public sector, except for certain types of job which require participation in the exercise of powers conferred by public law;
  • the free movement of professional and semi-professional sportsmen.

Jobseekers have access to public employment services and financial benefits intended to facilitate access to employment in the labour market of the host Member State.

Equal treatment of workers

Any discrimination with regard to employment, remuneration and working conditions is prohibited.

Migrant workers are treated in the same way as national workers:

  • they are subject to the laws and collective agreements of the host State;
  • they enjoy the same social advantages linked to their status as residents or workers, from the first day of their employment;
  • they may not be discriminated against in the area of tax on the basis of their nationality or their status as migrant workers.

Achieving the full benefits and potential of free movement of workers

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Achieving the full benefits and potential of free movement of workers

Outline of the Community (European Union) legislation about Achieving the full benefits and potential of free movement of workers

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Internal market > Living and working in the internal market

Achieving the full benefits and potential of free movement of workers

Document or Iniciative

Communication from the Commission of 11 December 2002 – Free movement of workers: achieving the full benefits and potential [COM(2002) 694 final – Not published in the Official Journal].

Summary

Citizens who exercise their right to free movement of workers * within the European Union, which is a fundamental freedom under Community law, are contributing to the creation of a genuine European labour market.

However, practical, administrative and legal obstacles remain, preventing workers from taking full advantage of the benefits and potential of geographical mobility.

In this Communication, the Commission outlines the current state of Community law on the free movement of workers, with a view to clarifying its complex, technical legislative framework and the considerable case law of the European Court of Justice (ECJ) in this area. It identifies a number of recurring difficulties in four distinct but interrelated areas.

Free movement of workers

Any national of a Member State has the right to work in another Member State.

Community law on free movement of workers applies whenever a national of an EU Member State exercises his right to mobility, even if he has returned to his Member State of origin after exercising his right to free movement of workers.

The family members * of an EU citizen who is a migrant worker, irrespective of their nationality – i.e. including third country nationals – are entitled to reside with him. In addition, children of migrant workers are entitled to access to education in the host Member State, irrespective of their nationality.

The right of residence is an integral part of free movement of workers. Under current Community law, Member States must issue a residence permit to a migrant worker on the basis of his identity card or passport and proof of employment alone. Under no circumstances may an EU citizen’s access to employment be made conditional upon obtaining a residence permit.

It follows from the Community principle of non-discrimination on the grounds of nationality that migrant workers must be treated in the same way as national workers with regard to access to employment, conditions of employment and work and social and fiscal advantages.

On occasion, access to employment may be conditional upon linguistic requirements, provided they are reasonable and justified. Moreover, while a very good command of a particular language may be justifiable for certain jobs, a requirement for that language to be the worker’s mother tongue is not acceptable.

Under the system of mutual recognition of qualifications, a Community citizen who is fully qualified in one Member State is entitled to exercise a regulated profession * in another Member State. Depending on the activity in question and the training completed, recognition will be either automatic or preceded by a period of adaptation or an aptitude test.

Social security

To facilitate the exercise of the right to free movement, migrant Community nationals must not suffer disadvantages in their social security rights.

Regulation (EEC) No 1408/71 establishes a system for coordinating social security systems. It lays down common rules aimed at ensuring that the various national social security systems are not applied in such a way that they discriminate against persons who are exercising their right to free movement. Community law has never sought to harmonise the field of social security, and the Member States have therefore retained their competences with regard to the organisation of their respective social security systems.

As a general rule, social security benefits are paid regardless of the beneficiary’s Member State of residence. Special non-contributory benefits represent an exception to this rule. These benefits are paid only in the Member States in which such benefits are provided. As a result, they cannot be exported, but a migrant EU citizen is entitled to the benefits provided by the host Member State. To satisfy the conditions for non-exportability, a benefit must be special and non-contributory. The ECJ has ruled that a benefit is special when it is closely linked to the social environment of the Member State in question (benefits related to the prevention of poverty or to care for the disabled).

Regulation (EEC) No 1408/71 also lays down the conditions for access to health care for people moving within the European Union. Depending on personal status and/or type of stay, EU citizens are entitled to immediately necessary care, to care which becomes necessary, or to all sickness benefits in kind in a Member State other than the one in which they are insured against sickness as if they were insured there, but at the expense of the institution of insurance. For persons wishing to go to another Member State specifically to obtain treatment, the costs of such treatment will, under the co-ordination system set up by Regulation (EEC) No 1408/71, only be covered by the Member State in which they are insured if they received prior authorisation. However, the Court has held that, in the light of other fundamental freedoms, such as the free movement of goods and the freedom to provide services, such prior authorisation, if not justified, could be regarded as an infringement of these fundamental freedoms. It follows that, under certain conditions, patients may apply for reimbursement of medical costs incurred in connection with health care received in another Member State, even in the absence of prior authorisation.

Finally, determination of the Member State whose social security legislation is applicable is based on two basic principles: a person is subject to the legislation of only one Member State at a time and is normally covered by the legislation of the Member State where he or she engages in occupational activity.

The complex nature of Regulation (EEC) No 1408/71 does, however, make it difficult to apply. For this reason, it is currently being revised.

Frontier workers

As they divide their time between two Member States, frontier workers * are often faced with practical problems related not only to social security and social advantages but also to income taxation and retirement. In principle, frontier workers enjoy all the benefits available to migrant workers in the Member State of employment, but some Member States impose residence conditions for entitlement to social advantages. Frontier workers are entitled to unemployment benefit in the Member State of residence rather than the Member State of employment. They may choose the Member State in which to obtain health care, but when they retire, this choice between Member State of employment and Member State of residence disappears.

Context

The legal texts which form the basis for the free movement of workers date back to the 1960s. They have since been supplemented by the Community institutions and, in particular, the case law of the ECJ.

Key terms used in the act
  • Worker: a person who undertakes genuine work under the direction of someone else, for which he is paid.
  • Family members: the spouse of the worker, his/her descendants who are under the age of 21 or are dependant, and dependant relatives in the ascending line. The term “spouse” means married partner and does not cover cohabiting partners.
  • Regulated profession: a profession that cannot be practised without certain specified vocational qualifications
  • Frontier worker: a person who lives in one Member State and works in another.

Related Acts

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC . [Official Journal L 158 of 30.04.2004].

This Directive is a partial response to some of the problems raised in the Communication. It makes the framework of legislation on freedom of movement for workers, which is both technical and complex, more accessible by combining into a single instrument provisions that are currently scattered among several different directives. It also provides a more precise definition of the concept of family member of a Union citizen and simplifies the formalities involved in exercising the right of stay.

Mutual recognition of supervision measures

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Mutual recognition of supervision measures

Outline of the Community (European Union) legislation about Mutual recognition of supervision measures

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Justice freedom and security > Judicial cooperation in criminal matters

Mutual recognition of supervision measures

Document or Iniciative

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

Summary

The framework decision lays down rules for the mutual recognition of supervision measures during criminal proceedings by European Union (EU) countries. These rules regulate the:

  • recognition of a decision on supervision measures;
  • monitoring of supervision measures;
  • surrendering of a person breaching supervision measures imposed on him/her.

Thus, the framework decision aims at:

  • making sure that the person concerned will be available to attend his/her trial;
  • promoting the use of non-custodial measures in criminal proceedings that take place in an EU country other than that where the person concerned is resident;
  • improving the protection of victims and the general public.

Types of supervision measures

EU countries must recognise and monitor supervision measures that impose an obligation on the person concerned to:

  • inform the authority monitoring the supervision measures of any change of residence;
  • not enter certain locations;
  • stay at a specified location;
  • comply with certain restrictions for leaving the territory of the monitoring country;
  • report at specified times to the designated authority;
  • refrain from contacting specific persons connected to the alleged crime.

The framework decision lists a number of additional supervision measures that each EU country may choose to monitor.

Forwarding supervision measures

An EU country may forward a decision on supervision measures to the competent authority of the EU country of residence of the person against whom the measures are imposed. However, the latter must have been informed of these measures and agreed to return to his/her country of residence. Following a request from the person concerned, a decision on supervision measures may also be forwarded to the competent authority of another EU country. In such cases, the authority in question must have agreed to receive the decision.

The competent authority of the EU country that issued the decision on supervision measures forwards this decision (or a certified copy of it) together with a certificate annexed to the framework decision directly to the competent authority of the EU country that will carry out the monitoring tasks. The competent authority of the issuing country must indicate the validity period of the decision on supervision measures and whether this decision may be renewed. In addition, it must specify the expected length of time needed for monitoring the supervision measures.

Recognising decisions on supervision measures

The country to which a decision on supervision measures is forwarded must recognise this decision and take the necessary measures for monitoring the supervision measures within 20 days from receipt. The framework decision lists certain offences for which decisions on supervision measures must in all cases be recognised, without verifying the double criminality of the acts. However, these offences must be punishable by a custodial sentence or a measure involving deprivation of liberty for a minimum of three years in the country that issued the decision on supervision measures.

For any other offences, the country that is to monitor the supervision measures may require the decision to relate to acts that are also an offence under its law in order to recognise the decision. Under certain circumstances, this country may refuse to recognise the decision on supervision measures altogether.

In case the supervision measures are not compatible with the law of the monitoring country, its competent authority may adapt these measures. However, the adapted measures must correspond as closely as possible to, and may in no case be more severe than, the original measures imposed.

Once the monitoring country has recognised the decision on supervision measures, it becomes competent for the monitoring of the supervision measures and its national law will govern the supervision.

Taking any subsequent decisions

The country having issued the decision on supervision measures has competence for any subsequent decisions concerning: the renewal, review and withdrawal of the original decision, the modification of the supervision measures and the issuing of an arrest warrant. Any decision on these will be governed by the law of the issuing country.

In case the competent authority of the issuing country modifies the supervision measures, the competent authority of the monitoring country may either:

  • adapt these measures, if they are not compatible with its national law, or
  • refuse to monitor these measures, if they fall outside the scope of this framework decision.

In case the competent authority of the issuing country issues an arrest warrant, the person concerned must be surrendered conforming to the procedures laid down in the framework decision on the European arrest warrant.

Background

The conclusions of the Tampere European Council of 15-16 October 1999 stressed the importance of applying the principle of mutual recognition to pre-trial orders. Consequently, the mutual recognition of supervision measures was taken up in the 2001 programme of measures to implement the principle of mutual recognition in criminal matters.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2009/829/JHA

1.12.2009

1.12.2012

OJ L 294 of 11.11.2009

Participation of young people with fewer opportunities

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Participation of young people with fewer opportunities

Outline of the Community (European Union) legislation about Participation of young people with fewer opportunities

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Education training youth sport > Youth

Participation of young people with fewer opportunities

The European Union (EU) supports young people with fewer opportunities by helping them to realise their full potential and strengthening their participation in society.

Document or Iniciative

Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 22 May 2008 on the participation of young people with fewer opportunities [Official Journal, C 141, 7.6.2008].

Summary

Young people with fewer opportunities in society face specific difficulties because they come from less privileged educational, socio-economic or geographical backgrounds, or have a disability.

Their participation in the democratic, economic and cultural life of society needs to be given special attention at both national and Community level.

Strategic Approach

This Resolution invites Member States and the Commission to give priority to young people in vulnerable situations when implementing the Lisbon Strategy, the measures in the European Pact for Youth and national flexicurity strategies.

Member States must adopt an interdisciplinary approach when developing their specific policies and programmes. These strategies must be of a long-term nature and include early intervention measures. Guaranteeing easier access to EU programmes and Structural Funds will also support the social inclusion and participation in society of young people.

In particular, the Council invites the Commission to:

  • study national good practices in order to identify possible lines of action at European level that will facilitate the social inclusion of young people and their participation in society;
  • take these objectives into account when proposing the priorities for the future framework of cooperation in the field of youth.


Social Inclusion

The social inclusion of young people with fewer opportunities must be a priority at both national and Community level. The EU social protection and social inclusion process helps to fight discrimination and to promote equal opportunities. Furthermore, as regards policies on health and living conditions, the social, economic and other factors that determine the well-being of young people need to be better monitored and studied.
Member States and the Commission must take action against social exclusion and against the intergenerational transmission of economic inactivity by supporting access to good employment opportunities and by improving the mechanisms for vocational guidance and counselling.

Active Citizenship

The Council requires Member States and the Commission to conduct a structured dialogue that is inclusive and suitable for all. Democratic and community involvement can be enhanced by informing young people and by developing innovative forms of participation, particularly through the use of information and communication technologies (ICTs).

Member States must support the work of youth organisations and social organisations, in particular by providing professional development opportunities for managers and youth workers.


Context

The European Pact for Youth contributes to the implementation of the renewed Lisbon Strategy.
It aims to improve education and training for young people, as well as their mobility. It gives priority to young people with fewer opportunities.

In this context, the Youth in Action Programme specifically encourages young people to participate in public life and fosters their spirit of initiative, entrepreneurship and creativity.

Related Acts

Presidency Conclusions, 13 and 14 March 2008. 7652/1/08 (pdf ).

The Council reaffirms the social dimension of the Lisbon Strategy. The priorities identified are combating poverty and social exclusion, promoting active inclusion and increasing employment opportunities for those furthest from the labour market.

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 25 May 2007 on creating equal opportunities for all young people – full participation in society [Official Journal – 2007/C 314/01].

The Council notes that equality of opportunity means the right of all young people to a quality lifestyle, education, training, housing and work, and to access to social security, employment systems and social and political discussion.
The Council invites the Commission and all Member States to maintain a structured dialogue with young people in a variety of ways and to strengthen the impact of the open method of coordination when shaping policies for equal opportunities and social and professional integration.
The Council invites Member States to develop the regional and local dimensions of the European Pact for Youth and to enhance the effect that national policy has on the quality of life of young people.

Report on equality between women and men – 2009

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Report on equality between women and men – 2009

Outline of the Community (European Union) legislation about Report on equality between women and men – 2009

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Employment and social policy > Equality between men and women

Report on equality between women and men – 2009

Document or Iniciative

Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 27 February 2009 – Equality between women and men – 2009 [COM(2009) 77 final – Not published in the Official Journal].

Summary

The sixth Commission report sets out the main progress made in promoting equality between women and men in 2008. In view of the current demographic and economic challenges, the participation of women is an essential contribution to growth, employment and social cohesion in the European Union (EU).

In 2008, the rate of employment for women was close to the objectives set by the Lisbon strategy (60 % in 2010). However, the proportion varies between 36.9 % and 73.2 % according to the Member State. Moreover, women are overrepresented in precarious, short-term or part-time jobs.

They are more exposed than men to situations of poverty. This is the case for 32 % of single mothers and 21 % of women over the age of 65.

The average gap in employment rates between women and men is narrowing, and fell from 17.1 % in 2000 to 14.2 % in 2007. However, the sharing of family responsibilities remains unequal, and the employment rate of women with children falls by 12.4 percentage points whilst in the same situation that of men increases by 7.3 points.

Most qualifications in the EU (58.9 %) are obtained by women. However, their level of education does not reflect their situation on the labour market, where they are limited in terms of career development, remuneration and pension rights.

The number of female managers is quite small. The European average is 30 %. However the figure is lower than this in the majority of Member States.

Developments in regulations

In 2008, the Commission initiated infringement proceedings against certain Member States, concerning the transposition of Directive 2002/73/EC (on access to employment, vocational training and promotion) and Directive 2004/113/EC (on equal treatment in the access to goods and services).

The Commission is examining the effectiveness of existing legislation as regards equality of remuneration between men and women. It may propose, if necessary, new regulations on tackling the pay gap related to gender.

Many provisions have been adopted in order to promote reconciliation between working and family life. The Commission proposes the amendment of Directive 92/85/EEC on maternity protection, in particular by introducing an increase in minimum maternity leave to 18 weeks. These provisions should be extended, on a voluntary basis, to the self-employed and their assisting spouses. Social partners have started negotiations concerning parental leave and leave for family reasons, in addition to maternity leave, and have reached agreement. The Commission has adopted a proposal aimed at implementing this agreement through a directive. The Commission has also presented a report on childcare systems, the development of which is still insufficient in a large number of Member States.

The Council of June 2008 adopted conclusions aimed at encouraging the involvement of women in political decision-making and the elimination of sexist prejudice in society.

Strategic orientations

The contribution of equality policies to economic development, particularly in a context of economic slowdown. Changes to achieve real equality depend on removing the differences and barriers which limit the employment and the professional development of women.

The report highlights in particular the importance of:

  • reconciling family life and professional life, in particular through the sharing of parental responsibility and the development of childcare services;
  • combating stereotypes related to gender, through awareness-raising campaigns and the role of the media;
  • increasing the participation of women in decision-making positions and their representation in electoral processes by various means;
  • communication aimed at public opinion and improving understanding of the problems of equality between men and women at all levels of society.

Strengthening the commitment to equality between women and men: a women’s charter

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Strengthening the commitment to equality between women and men: a women’s charter

Outline of the Community (European Union) legislation about Strengthening the commitment to equality between women and men: a women’s charter

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Strengthening the commitment to equality between women and men: a women’s charter

Document or Iniciative

Communication from the Commission of 5 March 2010 – A Strengthened Commitment to Equality between Women and Men – A Women’s Charter: Declaration by the European Commission on the occasion of the 2010 International Women’s Day in commemoration of the 15th anniversary of the adoption of a Declaration and Platform for Action at the Beijing UN World Conference on Women and of the 30th anniversary of the UN Convention on the Elimination of All Forms of Discrimination against Women [COM(2010) 78 final – Not published in the Official Journal].

Summary

This political declaration reiterates the Commission’s commitment to equality between women and men in the European Union (EU) and throughout the world.

The Commission highlights the necessity to take gender equality into account in all of its policies. The Charter thus proposes five specific fields of action.

Fields of action for equality between women and men

Economic independence, which should be achieved in particular by combating discrimination, educational stereotypes, labour market segregation, precarious employment conditions, involuntary part-time work and the unbalanced sharing of care responsibilities with men. The Commission commits to ensure the full realisation of women’s potential and the full use of their skills. Its action should facilitate a better gender distribution on the labour market and allow the number of quality jobs for women to be increased.

Equal pay for women and men (for equal work or work of equal value), which is not effective in the EU. The Commission commits to fight against pay gaps by mobilising all available instruments, including legislative instruments.

The representation of women in decision-making and positions of power, positions where they are still under-represented in comparison to men, in the public and private sectors. The Commission undertakes to act for fairer representation of women, in particular by adopting incentives at EU level.

Respect for women’s dignity and integrity, but also an end to gender-based violence, including harmful customary or traditional practices. The Charter reiterates the Commission’s commitment to fundamental rights. The Commission’s action is specifically aimed at eliminating inequality in access to healthcare and eradicating all forms of gender-based violence. It may have recourse to the provisions of criminal law, within the limits of its powers.

External action of the EU as regards equality between women and men should enable the development of sustainable and democratic societies to be supported. The Commission undertakes to defend equality between women and men in its relations with third countries. It is to carry out awareness-raising actions, cooperation with competent international and regional organisations, and will support State and Non-State actors.

Context

The Charter was adopted on the occasion of the 2010 International Women’s Day and the 15th anniversary of the World Conference on Women.

In September 2010, the Commission adopted a 2010-2015 strategy for equality between women and men. This strategy should form a framework for the coordination of action in all areas of EU activities.

Self-employed workers: equal treatment between men and women

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Self-employed workers: equal treatment between men and women

Outline of the Community (European Union) legislation about Self-employed workers: equal treatment between men and women

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Self-employed workers: equal treatment between men and women

Document or Iniciative

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.

Summary

The principle of equal treatment between men and women prohibits all forms of discrimination based on sex, whether direct * or indirect * discrimination. This principle must be complied with when establishing, equipping or extending a business, as well as when launching or extending any other form of self-employed activity.

Harassment * and sexual harassment * are deemed to be discrimination on grounds of sex.

This Directive enables European Union (EU) countries to adopt positive action measures. Such public measures are aimed at ensuring full equality between men and women in working life, for example by promoting business creation by women.

Couples with a joint business

In this area, the principle of equal treatment between men and women means that spouses or life partners who establish a business together, shall be treated under the same conditions as other persons.

In addition, where a national social protection system exists for self-employed workers, the spouses or life partners who participate in the activities of the self-employed worker have the right to social protection in their own name. Member States may decide whether the social protection is implemented on a mandatory or voluntary basis.

Maternity rights

Self-employed women, and female spouses or life partners who contribute to the activity of self-employed workers shall be entitled to a maternity allowance for at least 14 weeks. This allowance shall be sufficient to enable them to interrupt their activities if they wish to do so. This allocation shall therefore be equivalent to:

  • the average loss of income or profit. This amount may however be subject to a ceiling limit; and/or
  • the allowance provided at national level in the event of an interruption in activities on health grounds; and/or
  • any other family-related allowance provided for and determined by the EU country.

During the interruption in their activities due to maternity, women shall have access to replacement services and national social services. The provision of these services may replace all or a part of the maternity allowance.

Context

The former Directive 86/613/EEC shall be repealed on 5 August 2012. The current Directive shall have been transposed in all EU countries by this date.

Other directives protect the equal treatment of self-employed workers, such as Directive 2006/54/EC applicable to working life, Directive 79/7/EEC applicable to social security matters and Directive 2004/113/EC which covers access to private/public goods and services.

Key terms
  • Self-employed workers: all persons pursuing a gainful activity for their own account, under the conditions laid down by national law, including farmers and the professions.
  • Spouses of self-employed workers or, when and in so far as recognised by national law, the life partners of self-employed workers, not being employees or business partners, where they habitually, under the conditions laid down by national law, participate in the activities of the self-employed worker and perform the same tasks or ancillary tasks.
  • Direct discrimination: where one person is treated less favourably on grounds of sex.
  • Indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage. Unless the difference in treatment 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 that person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
  • Sexual harassment: where 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.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/41/EU

4.8.2010

5.8.2012

OJ L 180 of 15.7.2010

Equality between men and women

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Equality between men and women

Outline of the Community (European Union) legislation about Equality between men and women

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Equality between men and women

Equality between women and men is one of the fundamental principles of Community law. The European Union?s (EU) objectives on gender equality are to ensure equal opportunities and equal treatment for men and women and to combat any form of discrimination on the grounds of gender. The EU has adopted a two-pronged approach to this issue, combining specific measures with gender mainstreaming. The issue also has a strong international dimension with regard to the fight against poverty, access to education and health services, taking part in the economy and in the decision-making process, women’s rights and human rights.

GENERAL FRAMEWORK

Gender mainstreaming

  • Strategy for equality between women and men 2010-2015
  • Strengthening the commitment to equality between women and men: a women’s charter
  • Roadmap for equality between women and men (2006-2010)
  • Fifth Community Action Programme on Equal Opportunities (2001-2006)
  • Incorporation of equal opportunities into Community policies

Financial aspects

  • Community programme for employment and solidarity – PROGRESS (2007-2013)
  • European Progress Microfinance Facility (EPMF)
  • EQUAL
  • Gender mainstreaming within the Structural Funds
  • Promotion of organisations active in the field of equality between men and women (2004-2006)

Reports

  • Report on equality between women and men – 2009
  • Report on equality between women and men – 2008
  • Report on equality between men and wome 2007
  • Report on equality between women and men 2006
  • Report on equality for men and women, 2005
  • Report on equality between men and women, 2004
  • Report on equal opportunities 2002
  • Equal opportunities report 2001

Institutional aspects

  • European Institute for Gender Equality
  • Advisory Committee on Equal Opportunities for Men and Women
  • Gender balance within the committees and expert groups set up by the Commission

PRINCIPLE OF NON-DISCRIMINATION BASED ON SEX

  • The principle of equal treatment for men and women outside the labour market
  • Burden of proof in cases of discrimination based on sex

FEMALE EMPLOYMENT AND ENTREPRENEURSHIP

Employment

  • Tackling the pay gap between men and women
  • Gender equality in the labour market
  • Equal treatment as regards access to employment, vocational training and promotion
  • Self-employed workers: equal treatment between men and women
  • Equal treatment of self-employed workers (until 2012)
  • Equal pay
  • Balanced participation of women and men in the decision-making process
  • The integration of women in research

Social dimension

  • Parental leave
  • Promoting solidarity between the generations
  • Balanced participation of women and men in family and working life
  • Protection of pregnant workers and workers who have recently given birth or are breastfeeding
  • Childcare
  • Social security: equal treatment for men and women
  • Parental leave and leave for family reasons
  • Occupational pension schemes

COMBATING SEXUAL HARASSMENT AND VIOLENCE AGAINST WOMEN

Combating sexual harassment

  • Protection of the dignity of women and men at work
  • Code of practice to clamp down on sexual harassment at work
  • Preventing sexual harassment at work

Combating violence, sexual exploitation and trafficking in women

  • New measures to combat trafficking in women
  • Trafficking in women for the purpose of sexual exploitation

INTERNATIONAL DIMENSION OF EQUALITY BETWEEN MEN AND WOMEN

  • Strategy for gender equality in development policy
  • Fourth United Nations Conference on Women

Equal opportunities report 2001

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Equal opportunities report 2001

Outline of the Community (European Union) legislation about Equal opportunities report 2001

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Equal opportunities report 2001

To present an overview of the main developments and achievements in the field of equal opportunities in 2001 – at both European and national level – and to describe the outlook for 2002.

2) Document or Iniciative

Communication from the Commission, of 28 May 2002, to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Annual Report on Equal Opportunities for Women and Men in the European Union 2001 [COM(2002) 258 final – Not published in the Official Journal].

3) Summary

Framework strategy on gender equality (2001-2005)

The Community framework strategy, adopted in June 2000, is aimed both at integrating the gender dimension in all Community policies that have an impact on the equal opportunities objective (principle of mainstreaming) and at promoting the introduction of specific measures to reduce inequalities. In 2001, noticeable progress was made with regard to both the integration of gender issues in the various policies and the introduction of specific measures.

As regards the mainstreaming of gender equality in Community policies, significant advances were noted in a number of areas, including the following:

  • enterprise: a study aimed at identifying and evaluating good practices in relation to the promotion of female entrepreneurship was launched, while another study to assess the gender impact of the “Innovation and SMEs” specific programme within the 5th framework research programme (1998-2002) was finalised and published recently.
  • Broad Economic Policy Guidelines: the Belgian Presidency of the European Union (EU) – July-December 2001 – launched an initiative to strengthen gender mainstreaming in the Broad Economic Policy Guidelines;
  • the Barcelona process: under the MEDA programme for cooperation with southern Mediterranean countries, a regional forum on the role of women in economic development was held in Brussels in July 2001;
  • education and continuing training: an action plan for gender equality (2001-2002) was adopted by the Socrates Committee in February 2001. The first phase is concerned with evaluating the gender dimension and the second phase with identifying indicators for improving the implementation of gender equality;
  • humanitarian aid: in 2001, the European Humanitarian Aid Office (ECHO) continued to incorporate the gender dimension in humanitarian aid. For example, it funded projects focusing on the specific needs of women, particularly in Iraq, Serbia and Afghanistan;
  • the employment strategy: in connection with the adoption of the annual employment package, on 12 September 2001 the Commission sent a set of recommendations to eleven Member States encouraging them to strengthen equality between women and men;
  • combating violence and trafficking: implementation of the DAPHNE and STOP programmes continued in 2001 and the Commission adopted a new STOP II programme (to run until 2003). The implementation of the STOP II programme provided an opportunity to focus on assisting and protecting women who are the victims of violence;
  • the social inclusion process: in June 2001, the Member States drew up their first biennial national action plans based on common objectives to combat poverty and social exclusion. In these plans, most Member States identified higher risks of poverty and social exclusion among elderly women, single parents and victims of domestic violence. Even though many Member States are committed to enhancing the mainstreaming of the gender dimension over the next two years, there is still a lot to be done to find a consistent approach to gender needs and characteristics across all the strands of these plans.

As provided for in Decision 2000/407/EC of 19 June 2007, the Commission is committed to achieving a male/female balance in committees and expert groups, with a target of 40% minimum participation of both women and men. Following a first survey in 2000 among certain expert groups of the Commission in which an average of only 13.5% of the members were women, a second, much more comprehensive survey was conducted in 2001. In that year, the average percentage of women in all the Commission’s committees and expert groups was 28.8%. Among the members of those committees and expert groups for which the Commission had the right of appointment, 30.5% were women, whilst among the committees and groups on whose membership the Commission had no influence 28.4% were women.

The Member States continued to carry out a whole series of activities aimed at promoting equality between women and men and mainstreaming the gender dimension. The many initiatives taken include the example set by Austria, which adopted a project aimed at increasing the presence of women in the technology sector, especially IT. In Sweden, the law on equality between men and women was strengthened in January 2001. In the United Kingdom, a new government telephone helpline “Equality Direct” – backed up by a website – designed to provide firms with free information and advice on all equality-related issues was set up.

Equal pay was the priority theme chosen for 2001 under the Community framework strategy on gender equality and the associated funding programme. It was chosen because it is the most visible inequality in the European labour market. Despite the existence of legal provisions on this subject, women still earn an average of 14% less than men (in 1997, this difference was more pronounced in the private sector – 19% – than in the public sector – 10%).

The high profile given to the issue of equal pay was reflected in the conclusions of the Stockholm European Council (March 2001), which called on the Council and the Commission to develop appropriate indicators. This preparatory work enabled the Belgian Presidency to produce a set of indicators on pay differentials between women and men. Moreover, in September 2001 the European Parliament adopted a report on equal pay, which confirmed that a diversified approach would have to be adopted by all parties, whether European institutions, Member States or social partners, in order to obtain tangible results. The European Employment Strategy also plays an important part in achieving the objective of equal pay. Following the evaluation of the national plans for 2001, certain Member States announced various initiatives aimed at reducing pay differentials. However, the efforts will have to be continued if these initiatives are to come to anything and the social partners are to take an active part. Lastly, it is important to stress that the majority of the 27 projects selected in 2001 under the action programme address the issue of equal pay. Their funding amounts to a total of around 8 million euro. The first results of these projects are expected in 2003.

The following priority themes have been chosen for the programme on gender equality over the next few years:

  • 2001-2002: equal pay;
  • 2002-2003: reconciliation of work and family life;
  • 2003-2004: women in decision-making;
  • 2004-2005: gender stereotyping.

Legal developments

Substantial progress was made in 2001 on the proposal to amend the 1976 Directive on equal treatment in employment. The amended Directive is expected to break new ground in a number of important areas, including:

  • recognition of sexual harassment as discrimination on grounds of sex;
  • encouraging employers to prepare annual equality plans;
  • strengthening of the provisions concerning the judicial protection and compensation available to individuals in the event of discrimination;
  • strengthening of persons’ rights regarding maternity or paternity leave.

In response to questions put by national courts about cases relating to gender equality, the Court of Justice of the European Communities handed down three major rulings in 2001:

  • the judgements given in the Melgar and Tele Danmark cases, according to which instances of dismissal or non-renewal of an open-ended employment contract by reason of pregnancy constitute direct and unjustifiable discrimination on grounds of sex;
  • the Menauer case, in which the Court held that German pension funds entrusted with administering occupational pension schemes were bound by the principle of equal pay in the same way as an employer;
  • the Griesmar and Mouflin cases relating to two provisions of the French Civil and Military Pensions Code that discriminate against men, which were declared incompatible with Community law.

As regards the main developments in Member States’ legislation, a Finnish collective agreement provides that every sector can henceforth create a special equality allowance, which is designed to raise the remuneration of women who are not paid sufficiently well despite the difficulty of their work and their education in traditionally low-paid industrial sectors. In Denmark, the Equal Pay Act has been amended so that it is now more transparent. As far as national case law is concerned, the UK Employment Appeals Tribunal has broadened the definition of “comparator” so as to allow an employee of a local authority to compare him or herself with an employee of another local authority even where the two salary scales had been agreed independently. Paternity leave has been introduced in Greece and legislation on this subject has been proposed in France, Finland and the UK. Moreover, Greece, Ireland and the Netherlands have introduced legislation on the extension of maternity leave.

Equality in the enlargement process

The work of transposing European legislation on equal opportunities is under way in the candidate countries, some of which already obtained good results in 2001. However, the legislation in itself is not sufficient. The introduction of support mechanisms is just as essential to the achievement of gender equality. In this context, it is vital to have institutional and administrative structures that facilitate the implementation of and respect for rights relating to equality. Substantial efforts still need to be made in this direction.

Outlook for 2002

In 2002, the spotlight will be on reconciliation of work and family life. Various initiatives will be launched at European level in order to raise the profile of this issue, to finance transnational projects, to improve the statistics and indicators and to draw up a report on the application of the parental leave Directive.

The Commission will also submit a proposal for a directive on discrimination on the grounds of sex. This new legal basis will make it possible to take action in areas other than employment and social security, which at present constitute the relatively limited field of application of Community law on equality.

In 2002, the fight against trafficking in women and violence and the enhancement of the importance given to gender equality in the EU’s external policies and the actions of the Structural Funds will continue to be policy priorities. Lastly, in line with the current evaluation of the participation of women in the decision-making process and with an eye to the European Parliament elections in 2004, the Commission plans to focus its activities in 2003 on promoting the gender balance in decision-making.

4) Implementing Measures

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5) Follow-Up Work

Report from the Commission, of 5 March 2003, to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Annual Report on Equal Opportunities for Women and Men in the European Union 2002 [COM(2003) 98 final – Not published in the Official Journal].