EN

(...PICT...)|EUROPEAN COMMISSION|

Brussels, 21.9.2010

SEC(2010) 1080 final

COMMISSION STAFF WORKING DOCUMENT

Background document Accompanying the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Strategy for Equality between Women and Men 2010-2015 {COM(2010) 491} {SEC(2010) 1079}

TABLE OF CONTENTS

1. Introduction 6

2. Overview of the situation of women and men in the EU 7

3. Assessment of the Roadmap’s achievements 21

3.1. Assessment of policy commitments in the field of gender equality 21

3.2. Assessment of the implementation of policy instruments 21

3.3. Assessment of progress in the different priority areas of action 23

3.4. Overall assessment of policy impact 30

3.5. Assessment of institutional cooperation and partnership 31

3.6. Assessment of progress regarding gender equality data and indicators 31

4. Assessment of the effectiveness of the current EU equal pay framework 32

4.1. Introduction 32

4.2. Report from the Group of Experts on Gender, Social Inclusion and Employment: The gender pay gap — Origins and policy responses 33

4.3. Report from the Network of Legal Experts on Gender: The Gender pay gap in Europe from a Legal Perspective 35

4.4. Resolution of the European Parliament 38

4.5. Advisory Committee on Equal Opportunities 39

4.6. Study on the effectiveness of the current legal framework on equal pay for equal work or work of equal value in tackling the gender pay gap 41

4.7. National Equality Bodies 43

4.8. Conclusions 44

5. Input to the preparation of the new strategy 45

5.1. Stakeholder consultation 45

5.2. Policy input 48

5.3. Eurobarometer survey: Gender equality in the EU in 2009 50

Annex 1 : Stakeholders and Main Bodies Active in the Field of Equality between Women and Men 51

Annex 2 : Glossary of main terms 54

Annex 3 : Consultation on the future strategy for equality between women and men 55

Annex 4 : List of Council reference documents 61

Annex 5: Bibliography 64

List of main abbreviations

ACEO: Advisory Committee on Equal Opportunities

AMP: Annual Management Plan

BPfA: Beijing Platform for Action

CEDAW: International Convention on the Elimination of All Forms of Discrimination against Women

CSW: UN Commission on the Status of Women

EC: European Communities

EES: European Employment Strategy

EESC: European Economic and Social Committee

EIGE: European Institute for Gender Equality

EMCO: Employment Committee

EPSCO: Employment, Social Policy, Health and Consumer Affairs Council

ESF: European Social Fund

ERDF: European Regional Development Fund

EU: European Union

EWL: European Women’s Lobby

FEMM: European Parliament Committee on Women’s Rights and Gender Equality

GDP: Gross Domestic Product

GPG: Gender Pay Gap

HLG: High Level Group on Gender Mainstreaming

ICT: Information and Communication Technologies

ILO: International Labour Organisation

ITC: International Training Centre

ISG: Inter-Service Group on Equality between Women and Men

MS: Member States

NGO: Non Governmental Organisation

OMC: Open Method of Coordination

SME: Small and Medium Enterprises

TEU: Treaty on European Union

TFEU: Treaty on the Functioning of the European Union

UN: United Nations

1. Introduction

Equality between women and men is a fundamental right and a common value of the EU. Since 1957, the EC Treaty has provided a legal basis for policy and action on gender equality.

Over the years a comprehensive legislative framework for promoting gender equality has been created, entailing the adoption of thirteen Directives in the field of equal treatment covering access to work, goods and services, training, promotion and working conditions including equal pay and social security benefits.

As to its policy approach, since 1996 the Commission has followed a dual approach to gender equality, namely specific actions plus gender mainstreaming COM(96) 67: ‘Incorporating equal opportunities for women and men into all Community policies and activities’, February 1996. . [1]

COM(96) 67: ‘Incorporating equal opportunities for women and men into all Community policies and activities’, February 1996.

The first comprehensive policy framework was adopted in 2000 COM(2000) 335 Towards a Community Framework Strategy On Gender Equality (2001-2005)’, July 2000. and was followed in 2006 by the Roadmap for equality between women and men COM(2006) 92 ‘A Roadmap for Equality between Women and Men 2006-2010’, Brussels, March 2006. . The Roadmap identified key actions in six priority areas Equal economic independence for women and men; Reconciliation of private and professional life; Equal representation in decision-making; Eradication of all forms of gender-related violence; Elimination of gender stereotypes; Promotion of gender equality in external and development policies. for the period 2006-2010, and set out ways to improve governance of gender equality policies. It identified the main instruments needed to support gender equality in Community policies, including legislation, policy coordination, financial programmes, partnership and social and civil dialogue. [2][3][4]

COM(2000) 335 Towards a Community Framework Strategy On Gender Equality (2001-2005)’, July 2000.

COM(2006) 92 ‘A Roadmap for Equality between Women and Men 2006-2010’, Brussels, March 2006.

Equal economic independence for women and men; Reconciliation of private and professional life; Equal representation in decision-making; Eradication of all forms of gender-related violence; Elimination of gender stereotypes; Promotion of gender equality in external and development policies.

The Commission which took office in 2010 affirmed its commitment to equality between women and men by adopting a ‘Women’s Charter’ COM(2010)78 final. , which identifies five priority areas that will underpin actions during this Commission’s term of office. [5]

COM(2010)78 final.

The Strategy for the period 2010-2015 COM(2010) 491. implements the Women's Charter. This background document provides the context, with an overview of the situation, an assessment of the impact of the Roadmap and a specific assessment of the factors surrounding the gender pay gap, concluding with the input which the Commission gathered in preparing the new Strategy.[6]

COM(2010) 491.

2. Overview of the situation of women and men in the EU

Despite remarkable advances towards equality between women and men in the last 50 years, significant inequalities persist at global and EU levels, clashing with the fundamental goals of the Union. EU action aiming at achieving gender equality is needed to protect fundamental rights, combat discrimination, strengthen social cohesion and reaffirm shared values, but also to mobilise women’s full potential in order to boost EU competitiveness, growth and prosperity.

Participation in the labour market

Women’s participation in the labour market has increased steadily over the last few years, approaching 60 % on average in the EU 59.1 % in 2008 with huge difference between Member States see SEC(2009)1706 annex to the ‘Annual report on equality between women and men 2010’. (which was the 2010 Lisbon target The age group (20-64) covered by the Europe 2020 strategy employment rate target of 75 % differs from the Lisbon target which covered the 15-64 age group. On the basis of the 2020 target, the female employment rate has risen from 57.3 % to 62.5 between 2000 and 2009. ). Though this rate varies between Member States, less than half of the working-age women are in employment in Malta, Italy and Greece but more than seventy percent are employed in Denmark, Sweden and the Netherlands. [7][8]

59.1 % in 2008 with huge difference between Member States see SEC(2009)1706 annex to the ‘Annual report on equality between women and men 2010’.

The age group (20-64) covered by the Europe 2020 strategy employment rate target of 75 % differs from the Lisbon target which covered the 15-64 age group. On the basis of the 2020 target, the female employment rate has risen from 57.3 % to 62.5 between 2000 and 2009.

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The gender gap in the employment rate decreased from 17.1 percentage points (p.p.) in 2000 to 12.1 p.p in 2009. Women’s increased participation has represented a considerable contribution to economic growth, accounting for a quarter of annual growth in the EU since 1995 Women and sustainable development, maximising the economic, social and environmental role of women OECD (2008). . In the EU women accounted for 9.8 million out of the 12.5 million additional employment between 2000 and 2009. [9]

Women and sustainable development, maximising the economic, social and environmental role of women OECD (2008).

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The gender gap in terms of employment rate also increases with age and is highest among older workers (55 to 64 years). In 2009, it was on average 17 p.p., down from 19.2 p.p. in 2003 due to the strong increase in the employment rates of women above 55 years, from 30.7 % in 2003 to 37.8 % in 2009.

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However, there are still significant gender gaps, in both quantitative and qualitative terms. Women account for the vast majority of part-time workers in the EU, with 31.5 % of women working part-time against only 8.3 % of men. In 2009, the share of female part-timers exceeded 35 % in Denmark and Luxembourg, 40 % in Belgium, Sweden, Austria, the United Kingdom, Germany and the Netherlands. Conversely, the share of part-timers among female workers was very low in Bulgaria, Slovakia, Hungary, Latvia and the Czech Republic. This may also have a negative impact on career progression, training opportunities, pension rights and unemployment benefits.

In addition, women still do the bulk of unpaid care work (employed women spend 39 hours a week on average on home care activities versus 26 hours for men Second European Quality of Life Survey, 2007. ). Having children negatively affects the employment of women: their participation in the labour market drops by 11.5 p.p. on average. On the other hand, men in the same situation tend to work more often (+6.8 pp). In 2008, the employment rate for women aged 25-49 was 67 % when they had children under 12, compared to 78.5 % when they did not, a negative difference of 11.5 p.p. Interestingly, men with children under 12 had a significantly higher employment rate than those without, 91.6 % vs. 84.8 %, a positive difference of 6.8 p.p. In the United Kingdom, Estonia and Malta, the negative impact of parenthood on female employment is higher than 15 p.p.; it is higher than 20 p.p. in Ireland and Slovakia and higher than 25 p.p. in Hungary and the Czech Republic. On the contrary, the impact of parenthood on the female employment rate is limited (less than 5 p.p.) in Belgium, Portugal and Slovenia and is even slightly positive in Denmark (women with children have a higher employment rate than women without). There is much less variation in the impact on men, with the positive impact ranging from 3.5 p.p. in Bulgaria to 11.3 p.p. in Luxembourg. Working women have, on average, more ‘constrained time’ (sum of hours spent on paid work and on unpaid domestic and family work) than working men Fourth European Working Conditions Survey, 2005. .[10][11]

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Second European Quality of Life Survey, 2007.

Fourth European Working Conditions Survey, 2005.

In March 2010 the European Council launched Europe 2020, a new strategy for jobs and growth, and set a number of EU headline targets Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010). . The Employment Guidelines for Member States’ employment policies state that gender equality should be integrated into all relevant policy areas and national policies should improve the situation of women in the labour market and combat discrimination in order to increase female labour force participation. In this context, Employment Guideline 7 aims at increasing labour market participation of women and men, reducing structural unemployment and promoting job quality , and encourages policies to fight against gender inequality, by promoting equal pay and conditions for a better work-life balance . Employment Guideline 8: d eveloping a skilled workforce responding to labour market needs and promoting lifelong learning encourages Member States to create policies promoting further opportunities for training, skills and professional experience of women, and this also in the scientific, mathematical and technology fields.[12]

Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010).

The relevant EU headline target European Council Conclusions 17 June 2010 (EUCO 13/10). is to aim to raise to 75 % the employment rate for women and men aged 20-64, including through greater participation of young people, older workers and low-skilled workers and better integration of legal migrants.[13]

European Council Conclusions 17 June 2010 (EUCO 13/10).

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Care services

An important factor affecting parents’ (and especially the mother’s) opportunity to participate in the labour market is the availability of care services for children and other dependent persons. Most Member States have failed to reach the EU targets for the provision of care facilities for children COM(2008) 638. (90 % for children aged between 3 and the age when compulsory schooling begins and at least 33 % for children below 3 years of age), which play an important role in enhancing work-life balance for parents. Some progress has been observed in the proportion of children under 3 covered by formal care services, with the share increasing on average from 25 % in 2005 to 28 % in 2007 (EU-25 average). However, this share varies across countries and these services are not always available on a full-time basis or affordable. In the EU, around 30 % of working-age women having care responsibilities are inactive or work part-time (but would like to work more hours) due to the lack of care services for children and other dependent persons. This share is below 10 % in the Netherlands, Sweden and Denmark but is higher than 60 % in Spain and Greece and even higher than 80 % in Latvia and Romania. [14]

COM(2008) 638.

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Gender pay gap

The gender pay gap currently stands at 17.8 %. The complex causes are considered in more detail in section 4.

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Entrepreneurship

Female entrepreneurs make up only 33.2 % of the self-employed Eurostat EU-25. , their share in start-ups is around 30 %. Men seem to favour self–employment more than women: about one in two men expressed a preference for being self-employed compared to about four in ten women in a recent Eurobarometer survey Flash Eurobarometer on Entrepreneurship 283 (2009). . Women often do not consider entrepreneurship as a relevant career option. They are more likely to say that the opportunity to address an unmet social or ecological need had been important in their decision to take steps to start up a business (60 % vs 52 % of men). This perception seems to be influenced by traditional views of gender roles and stereotypes about women, educational choices and a lack of access to networks and training.[15][16]

Eurostat EU-25.

Flash Eurobarometer on Entrepreneurship 283 (2009).

Educational attainment

While the average educational attainment of women and men is now similar over the entire working-age population, young women (20-24) record a higher level of educational attainment than men in almost all Member States. On average, 81.4 % of young women (20-24) reached at least upper secondary school in the EU in 2009, against only 75.9 % of young men.

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Furthermore, women represent as much as 59 % of university graduates in the EU. This share is higher than 50 % in all Member States and even exceeds 65 % in Hungary, Lithuania, Estonia and Latvia.

On the other hand, early school-leavers are mainly men. 16 % of the male population aged 18-24 has at most lower secondary education and is not in further education or training. The equivalent female share is 12.9 %. Boys from working class backgrounds in all ethnic groups and minority groups are the most likely to have literacy difficulties and to leave school early. GENDER AND EDUCATION (AND EMPLOYMENT) Gendered imperatives and their implications for women and men, lessons from research for policymakers, an independent report submitted to the European Commission by the NESSE networks of experts, 2009.[17]

GENDER AND EDUCATION (AND EMPLOYMENT) Gendered imperatives and their implications for women and men, lessons from research for policymakers, an independent report submitted to the European Commission by the NESSE networks of experts, 2009.

While these trends will most probably have a positive impact on women’s outcomes on the labour market in the future, it is to be noted that until now the generally high skills levels of women have not been fully reflected in their employment outcomes . Indeed, even if the gender gap in employment rates is smaller among women and men having tertiary education (than among women and men having a lower level of education), gender gaps seem also to follow a lifecycle pattern, with the level of education having a limited influence.

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Finally, although women now outnumber men among university graduates, they are under-represented among researchers and academic staff . Women account for just 36 % of graduates in Science, Maths, Informatics and Engineering, which in turn affects their opportunities on the labour market. Furthermore, women represent only 19 % of the grade A academic professors in public universities European Commission, She Figures 2009 – Statistics and Indicators on Gender Equality in Science , 2009, available at: http://ec.europa.eu/research/science-society/document_library/pdf_06/she_figures_2009_en.pdf . [18]

European Commission, She Figures 2009 – Statistics and Indicators on Gender Equality in Science , 2009, available at: http://ec.europa.eu/research/science-society/document_library/pdf_06/she_figures_2009_en.pdf

The integrated guideline 9 Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010). aims at improving the quality and performance of education and training systems at all levels and increasing participation in tertiary or equivalent education. The EU headline target adopted European Council Conclusions 17 June 2010 (EUCO 13/10). is to improve education levels, in particular by aiming to reduce school drop-out rates to less than 10 % and by increasing to at least 40 % the share of 30-34 year-olds having completed tertiary or equivalent education. The European Council emphasises the competence of Member States to define and implement quantitative targets in the field of education.[19][20][21]

Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010).

European Council Conclusions 17 June 2010 (EUCO 13/10).

The European Council emphasises the competence of Member States to define and implement quantitative targets in the field of education.

Social exclusion and poverty risks

Women’s less linear career trajectories are reflected in their on average lower pensions, and their higher exposure to the risk of poverty (having an income below the threshold set at 60 % of the national median income).

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Significant gender inequalities persist in the degree and way in which women and men experience social exclusion: in particular elderly women (whose risk of poverty in 2008 was 22 % compared to 16 % of elderly men), single parents (with a risk of poverty in 2008 of 35 %), disabled and ethnic minority women are affected. The gap exceeds 10 p.p. in Slovenia and Bulgaria and 15 p.p. in Latvia, Estonia, Lithuania and Romania. Comparisons between the sexes are based on the assumption of equal sharing of resources within households. However, due to the fact that women are often secondary earners or do not earn any salary According to a report by the EC’s Network of experts on gender and employment issues (F. Bettio and A. Verashchagina, Fiscal systems and female employment , 2009, forthcoming) based on EU-SILC data, the share of couples in which the woman is the secondary earner (brings less than 45 % of the household earnings) or does not earn any salary is 63.5 % in the EU on average (non weighted). It ranges from 53 % in Slovenia to 81 % in Austria. , their economic independence is often limited and some of them face a high risk of poverty in the event of break-up, divorce or death of their partner The Belgian Gender and Income Analysis (BGIA) project has calculated individualised at risk of poverty rates (based on individualised income of women and men) which lead to much higher gender gaps between women and men. For Belgium in 2007, this individualised risk of poverty would be 36 % for women and 11 % for men, compared to 16 % for women and 13 % for men in the measurement based on households. Although these calculations are based on the strong hypothesis of absence of sharing of resources between household members (instead of the hypothesis of total sharing of resources), they reflect certain gaps in the economic independence of women and men and the risk of poverty women would face in the event of break-up, divorce or death of their partner. . Therefore, the current figures of at-risk-of-poverty rates at household level cannot fully reflect the individual situation of women and men.[22][23]

According to a report by the EC’s Network of experts on gender and employment issues (F. Bettio and A. Verashchagina, Fiscal systems and female employment , 2009, forthcoming) based on EU-SILC data, the share of couples in which the woman is the secondary earner (brings less than 45 % of the household earnings) or does not earn any salary is 63.5 % in the EU on average (non weighted). It ranges from 53 % in Slovenia to 81 % in Austria.

The Belgian Gender and Income Analysis (BGIA) project has calculated individualised at risk of poverty rates (based on individualised income of women and men) which lead to much higher gender gaps between women and men. For Belgium in 2007, this individualised risk of poverty would be 36 % for women and 11 % for men, compared to 16 % for women and 13 % for men in the measurement based on households. Although these calculations are based on the strong hypothesis of absence of sharing of resources between household members (instead of the hypothesis of total sharing of resources), they reflect certain gaps in the economic independence of women and men and the risk of poverty women would face in the event of break-up, divorce or death of their partner.

Integrated Guideline 10 of the Europe 2020 Strategy Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010). Promoting social inclusion and combating poverty will encourage national policies that protect women from the risk of exclusion, ensuring income security for one-parent families, elderly women and men. The EU headline target adopted European Council Conclusions 17 June 2010 (EUCO 13/10). is to promote social inclusion, in particular through the reduction of poverty, by aiming to lift at least 20 million people out of the risk of poverty and exclusion . The population is defined as the number of persons who are at risk of poverty and exclusion according to three indicators (at-risk-of poverty; material deprivation; jobless household), leaving Member States free to set their national targets on the basis of the most appropriate indicators, taking into account their national circumstances and priorities.[24][25][26]

Proposal for a Council Decision on Guidelines for Employment Policies of the Member States: Part II on the Europe 2020 Integrated Guidelines, Council document 10907/10 (June 2010).

European Council Conclusions 17 June 2010 (EUCO 13/10).

The population is defined as the number of persons who are at risk of poverty and exclusion according to three indicators (at-risk-of poverty; material deprivation; jobless household), leaving Member States free to set their national targets on the basis of the most appropriate indicators, taking into account their national circumstances and priorities.

According to a recent study Study on the situation of women with disabilities in light of the UN Convention for the Rights of Persons with Disabilities. w omen with disabilities are under-represented in democratic processes and decision-making more generally. Women with mental or psychological disability are at greater risk of being abused than are men with disabilities or women without disabilities. Social protection systems and healthcare services do not recognise gender as relevant to the persons with disabilities . Women with disabilities are particularly under-represented in recreational activities, culture and sport – in terms of participation, leadership, management and delivery and media coverage. The Convention on the Rights of Persons with Disabilities Adopted on 13 December 2006. , which entered into force in 2008, reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.[27][28]

Study on the situation of women with disabilities in light of the UN Convention for the Rights of Persons with Disabilities.

Adopted on 13 December 2006.

A significant number of the 10-12 million Roma in Europe live in extreme marginalisation in both rural and urban areas and in very poor socio-economic circumstances. Throughout Europe, the Roma communities are the most vulnerable to social exclusion, and are confronted with a range of common socio-economic problems: widespread social inequality and discrimination, poor living standards with numerous families living in poverty, little or no employment prospects, poor health and housing conditions, and reduced access to public services. In particular, R oma women are even more disadvantaged than Roma men and members of other ethnic minority groups in almost all respects. They are particularly disadvantaged in accessing employment, education, health and social services, a result of multiple causes, including also the gender roles that persist in the Roma community. Ethnic minority and Roma women in Europe A case for gender equality? – Report by the Network of experts in gender equality, social inclusion, health and long-term care, prepared for the European Commission, November 2008. The Commission recently indicated COM(2010)113, 7.4.2010. how the EU would develop its contribution to the full social and economic integration of the Roma, on the basis of the progress achieved.[29][30]

Ethnic minority and Roma women in Europe A case for gender equality? – Report by the Network of experts in gender equality, social inclusion, health and long-term care, prepared for the European Commission, November 2008.

COM(2010)113, 7.4.2010.

Women make up more than 50 % of the EU’s migrant population COM(2007) 512 - Third annual report on migration and integration. , yet often they have difficulties integrating into the labour market and the economic potential they represent is underused. In terms of employment, there is ample evidence of a large discrepancy in the labour force participation of migrant women and nationals in the EU. In some countries the employment rate of migrant women (citizens of countries outside the EU-27) is relatively close to that of nationals. In the majority of countries, however, there can be rather large gaps, with the employment rate of migrant women lagging behind that of nationals with as much as almost 30 percentage points difference, such as in Belgium, Germany, the Netherlands, Sweden and Finland Source: LFS, quarterly data on employment rates by sex, age groups and nationality – comparison of employment rates for nationals and citizens of countries outside the EU-27: http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database . In terms of occupational distribution, migrant women tend to face a double disadvantage , both vis-à-vis female nationals on the one hand and vis-à-vis migrant men on the other. For example, almost two thirds of female immigrants are concentrated in low-skilled jobs, which entail limited opportunities for upward mobility, restricted rights, and instability. This situation is particularly worrisome in the case of highly skilled migrant women , who are about twice as likely to be employed in low-skill jobs as EU nationals with the same level of education Study on ‘Migrant women in the European labour force’ commissioned by the European Commission and completed in 2008; available at: http://ec.europa.eu/social/BlobServlet?docId=2098&langId=en .[31][32][33]

COM(2007) 512 - Third annual report on migration and integration.

Source: LFS, quarterly data on employment rates by sex, age groups and nationality – comparison of employment rates for nationals and citizens of countries outside the EU-27: http://epp.eurostat.ec.europa.eu/portal/page/portal/employment_unemployment_lfs/data/database

Study on ‘Migrant women in the European labour force’ commissioned by the European Commission and completed in 2008; available at: http://ec.europa.eu/social/BlobServlet?docId=2098&langId=en

Decision-making

Women face difficulties in breaking through the ‘ glass ceiling’ into positions of responsibility at their workplace. Despite some positive developments in women’s representation in decision-making, a significant gender imbalance continues to exist at all levels and in both the public and private sectors.

In the EU in 2010, women account for about 24 % of members of national parliaments (above 35 % in Spain, Denmark, Belgium and Finland and above 40 % in the Netherlands and Sweden, and below 15 % in Ireland, Hungary and Romania, Malta and Cyprus) and 35 % in the European Parliament Data base on women and men in decision-making http://ec.europa.eu/social/main.jsp?catId=764&langId=en . . Only 2 % of senior ministers are women, which is a 5 % increase compared with 2005 (higher than 10 p.p. in Finland, Belgium, Slovenia, Italy, Portugal and Slovakia, higher than 15 p.p in Denmark, France, Poland and Cyprus, and even reaching 25 p.p. in Greece.). Similarly, in the private sector, women account, on average, for only 30 % of managers (but in most countries the share is below 25 % — Denmark, Finland, Ireland, Malta and Cyprus), while the proportion of women members of the highest decision-making body of the largest quoted companies is just 11 %. The figure exceeds 20 % only in Finland (24 %) and Sweden (27 %); it is below 5 % in Malta, Italy, Portugal, Cyprus and Luxembourg.[34]

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Data base on women and men in decision-making http://ec.europa.eu/social/main.jsp?catId=764&langId=en .

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Gender-based violence

O ne fifth to one quarter of all women have experienced physical violence at least once during their adult lives and more than one tenth have suffered sexual violence involving the use of force Combating violence against women: Stocktaking study on the measures and actions taken in Council of Europe Member States, 2006 . Moreover, it is estimated that in the European Union alone, 500 000 girls and women are affected or threatened by the practice of female genital mutilation Dirie, Waris, Onze verborgen tranen, Amsterdam, Sirene, 2005 European Parliament resolution of 24 March 2009 on combating female genital mutilation in the EU (2008/2071(INI)) . . These numbers represent estimates due to the fact that violence against women and practices such as female genital mutilation remain largely under-reported and practiced behind closed doors.[35][36]

Combating violence against women: Stocktaking study on the measures and actions taken in Council of Europe Member States, 2006

Dirie, Waris, Onze verborgen tranen, Amsterdam, Sirene, 2005

European Parliament resolution of 24 March 2009 on combating female genital mutilation in the EU (2008/2071(INI)) .

Trafficking in human beings

Trafficking in women is also a widespread reality. However, due to the ‘hidden’ nature of trafficking activities, gathering statistics on the magnitude of the problem is a complex and difficult task. It is therefore not feasible to establish the exact number of women affected, given the absence of reliable and comparable statistics http://nhtrc.polarisproject.org/materials/Human-Trafficking-Statistics.pdf . According to the U.S. Department of State Trafficking in Persons Report: 2007. , 800 000 is the number of people trafficked across international borders every year, mostly women and children . [37][38]

http://nhtrc.polarisproject.org/materials/Human-Trafficking-Statistics.pdf

Trafficking in Persons Report: 2007.

Health

Men and women show different patterns of exposure to health risks, health outcomes and access to health services. In the EU, women can expect to live six years longer than men but this gap is slowly but steadily closing. However, in every EU country, women are expected to live a smaller proportion of their years in good health than men COM(2009)567 final, ‘Solidarity in health: Reducing health inequalities in the EU’, October 2009 Women’s Health Report: http://ec.europa.eu/health/population_groups/docs/women_report_en.pdf . . Gender plays a specific role in both the incidence and prevalence of specific pathologies, and also in their treatment and impact in terms of well-being and recovery due to the interrelation of biological aspects, psychological and cultural behaviour, the social system and the organisation of the health care systems. [39]

COM(2009)567 final, ‘Solidarity in health: Reducing health inequalities in the EU’, October 2009 Women’s Health Report: http://ec.europa.eu/health/population_groups/docs/women_report_en.pdf .

Beyond reproductive roles, women and men are susceptible to sex-specific diseases; they also present different symptoms and consequences of common diseases (such as cardiovascular diseases or sexually transmitted diseases). Besides biological factors, social norms and health behaviour also affect the health status of women and men differently: men are more likely to engage in risky health behaviour and are consequently more affected by related illnesses and disabilities; women are more likely to present ‘invisible’ illnesses and disabilities, often not adequately recognised by the health care system (i.e. depression, eating disorders, sexual violence, disabilities related to home accidents and old age). Still, in all Member States (except Malta where there is almost parity), women use health services more than men.

3. Assessment of the Roadmap’s achievements

This section presents the main results achieved since 2006 with a view to ‘driving the gender equality agenda forward, reinforcing partnership with Member States, and other actors’ COM(2006) 92, p. 2. . This presentation is based on the mid-term progress report on the Roadmap for equality between women and men (2006-2010) adopted at the end of 2008 See Annex 3. , expert work in this field and the responses to the consultation regarding the overall assessment of the performance of the Roadmap COM(2008) 760 ‘ Mid-term progress report on the roadmap for equality between women and men (2006-2010)’, November 2008. .[40][41][42]

COM(2006) 92, p. 2.

See Annex 3.

COM(2008) 760 ‘ Mid-term progress report on the roadmap for equality between women and men (2006-2010)’, November 2008.

3.1. Assessment of policy commitments in the field of gender equality

The Roadmap for equality between women and men (2006-2010) demonstrated the Commission’s commitment to promote gender equality. Overall, the results show that the Roadmap has generated political momentum for promoting equality between women and men. It has raised the profile of gender equality policies in the six priority areas relevant to the main gender gaps identified at the time the Roadmap was adopted.

Significant advances have been achieved on several fronts, such as women’s participation in employment, in research and in education. The Roadmap laid a strong foundation for the new initiatives adopted since 2006. It also served as a catalyst for action, not only for the Commission but also for Member States See, for instance, ‘ Beijing + 15: The Platform for Action and the European Union’, Report by the Swedish Presidency of the Council of the European Union (2009). .[43]

See, for instance, ‘ Beijing + 15: The Platform for Action and the European Union’, Report by the Swedish Presidency of the Council of the European Union (2009).

However, the stakeholders consulted have also suggested that in order to make further progress in promoting gender equality policies, the political support should be stronger in order to secure the commitment of actors. The need ‘to motivate the actors involved in policymaking was identified, though these actors may consider gender issues to be irrelevant or even a hindrance to their core policy goals’ Hafner-Burton, Emilie; Pollack, Mark (2009), ‘Mainstreaming Gender in the European Union: Getting the Incentives Right’, Comparative European Politics , Volume 7, Number 1, April 2009, p. 120. . Work needs to continue so that relevant players have a more comprehensive understanding of the value of promoting gender equality both out of respect for fundamental rights and as a condition for social and economic progress. Weaver, Catherine (2009), ‘Normative Tactics: The Strategic Social Construction of the World Bank’s Gender Development Policy Norm’, Paper presented at the ISA’s 50th Annual Convention, New York, 15 February 2009.[44][45]

Hafner-Burton, Emilie; Pollack, Mark (2009), ‘Mainstreaming Gender in the European Union: Getting the Incentives Right’, Comparative European Politics , Volume 7, Number 1, April 2009, p. 120.

Weaver, Catherine (2009), ‘Normative Tactics: The Strategic Social Construction of the World Bank’s Gender Development Policy Norm’, Paper presented at the ISA’s 50th Annual Convention, New York, 15 February 2009.

3.2. Assessment of the implementation of policy instruments

The aim of the Roadmap was to promote gender equality by taking a dual approach, combining gender mainstreaming with specific actions. A wide range of EU instruments were mobilised, including:

· integration of gender issues in policymaking, notably by means of specific gender objectives agreed at EU level and quantified targets 1) 60 % employment rate of women by 2010, 2) availability of childcare facilities by 2010 (Barcelona targets: for 90 % of children between the age of three and school age and for 33 % of children aged under three) 3) participation in early childhood education (at least 95 % of children between four years old and the age for starting compulsory primary education), 4) proportion of female graduates in mathematics, sciences and technologies (levels of European Average Performance in Education and Training should increase by at least 15 % and the gender imbalance should be reduced) and 5) proportion of women in leading positions in the public research sector ( objective of 25 % for women in leading positions in the public sector and to increase the participation of women in industrial research and technology/ engineering ). , which boost the commitment to gender equality and allow measurement of progress.[46]

1) 60 % employment rate of women by 2010, 2) availability of childcare facilities by 2010 (Barcelona targets: for 90 % of children between the age of three and school age and for 33 % of children aged under three) 3) participation in early childhood education (at least 95 % of children between four years old and the age for starting compulsory primary education), 4) proportion of female graduates in mathematics, sciences and technologies (levels of European Average Performance in Education and Training should increase by at least 15 % and the gender imbalance should be reduced) and 5) proportion of women in leading positions in the public research sector ( objective of 25 % for women in leading positions in the public sector and to increase the participation of women in industrial research and technology/ engineering ).

· European legislation on gender equality, for instance three proposals were tabled in 2008 One amending Directive 92/85/EEC on pregnant workers, one repealing Directive 86/613/EEC on self-employed women and one amending Directive 96/34/EC on parental leave based on agreement of European Social Partners. to bring certain parts of the legislation more up to date. [47]

One amending Directive 92/85/EEC on pregnant workers, one repealing Directive 86/613/EEC on self-employed women and one amending Directive 96/34/EC on parental leave based on agreement of European Social Partners.

· funding to support gender equality policies by integrating gender issues into programmes under shared management with Member States, such as the ESF and ERDF, and other measures to advance gender equality funded by a number of other EU financial instruments.

The Roadmap achieved synergies by bringing the above-mentioned instruments, together with quantitative objectives fixed at EU level, under a common reference framework, which proved to be a particularly useful source of added value. Gender mainstreaming has progressed in a number of key EU policies and programmes identified in the Roadmap, such as the European Employment Strategy, the open method of coordination in the field of social inclusion and social protection, the European funds for cohesion policies, health policies, education, research programmes and external relations and cooperation development.

Gender mainstreaming has been accompanied by specific actions focusing on correcting the imbalances between the sexes. This has taken different forms, such as legislation regarding parental leave, awareness-raising campaigns, incentives for female entrepreneurs, etc. Coordination of these types of measures has proved to increase their effectiveness. Overall, the Roadmap has improved coherence and added visibility to the Commission’s activities on gender equality.

The Commission has also strengthened its internal mechanisms for gender mainstreaming with the revision of the impact assessment guidelines http://ec.europa.eu/governance/impact/docs/key_docs/iag_2009_en.pdf and has made progress in taking into consideration the impact of new policies on women and men, and improving the integration of fundamental rights and gender equality into all EU policies and programmes. The revised impact assessment guidelines SEC(2009) 92. include ‘Guidance for assessing social impacts’ http://ec.europa.eu/social/main.jsp?catId=760&langId=en&preview=cHJldmlld0VtcGxQb3J0YWwh that will help reinforce the analysis of gender issues in impact assessments. Progress has also been made in other areas, such as the inclusion of gender equality in the 2010 budgetary circular, which calls for account to be taken of gender equality issues in budgetary management.[48][49][50]

http://ec.europa.eu/governance/impact/docs/key_docs/iag_2009_en.pdf

SEC(2009) 92.

http://ec.europa.eu/social/main.jsp?catId=760&langId=en&preview=cHJldmlld0VtcGxQb3J0YWwh

However, studies and evaluations show that some Community policies have not taken systematic account of gender equality. Gender mainstreaming is often seen as a general principle, and is not translated into more specific objectives in policies and programmes Institute for Social Research, ‘Effectiveness of Cohesion Policy: Gender Equality and Demographic Change’, 2009. . In particular, in programmes which contain a general clause on gender mainstreaming, gender issues are usually not cemented into firm objectives and the means to implement them are inadequate. Moreover, gender mainstreaming alone without specific action is seen as insufficient by some stakeholders Pfister, Thomas, ‘ Mainstreamed Away? The European Employment Strategy and its Gender Equality Dimension’, European Union Studies Association (EUSA) , 10th Biennial Conference, 17-19 May 2007 , Montreal, Canada. . [51][52]

Institute for Social Research, ‘Effectiveness of Cohesion Policy: Gender Equality and Demographic Change’, 2009.

Pfister, Thomas, ‘ Mainstreamed Away? The European Employment Strategy and its Gender Equality Dimension’, European Union Studies Association (EUSA) , 10th Biennial Conference, 17-19 May 2007 , Montreal, Canada.

The recommendation with regard to a possible successor framework to the Roadmap for equality between women and men is to effectively anchor the dual approach of gender mainstreaming and specific actions, in order to correct the existing gender-specific imbalances.

3.3. Assessment of progress in the different priority areas of action

In order to monitor the implementation of the activities set out in the Roadmap, three annual work programmes were drawn up in 2007, 2008 and 2009 allowing monitoring to be carried out by the Commission’s services and providing an exhaustive list of actions. Moreover, a mid-term progress report that highlighted how actions have contributed to achieving the objectives of the Roadmap was also adopted in 2008 COM(2008) 760 ‘Mid-term progress report on the roadmap for equality between women and men 2006-2010’, Brussels, 26 November 2008. . Some examples of successful approaches in priority policy areas are presented below.[53]

COM(2008) 760 ‘Mid-term progress report on the roadmap for equality between women and men 2006-2010’, Brussels, 26 November 2008.

3.3.1. Achieving equal economic independence for women and men

The need to meet the gender equality commitments under the Lisbon strategy and achieve economic equality between the sexes has been recognised even if gender mainstreaming has not always been sufficiently implemented by stakeholders. Council document 15992/2009. The initiatives set out in the Roadmap have been realised, and as a result greater account was taken of gender equality issues in the new 2008-2010 cycle of the strategy for growth and jobs. The analysis of national employment measures to implement gender equality under the Lisbon strategy has shown that more could have been done at Member State level. In this context, the publication of a ‘Manual for gender mainstreaming of employment policies’ Manual for gender mainstreaming of employment policies, 2007. was welcomed by the Member States. [54][55]

Council document 15992/2009.

Manual for gender mainstreaming of employment policies, 2007.

The analysis on how gender equality has been mainstreamed in the National Strategy Reports on social protection and social inclusion showed COM(2009) 58 2009 Joint Report. that gender considerations feature prominently and acknowledged that the gender pension gap is expected to persist in the future and might become even wider. Gender issues have also been identified as a general principle to be taken into account in the European Year for Combating Poverty and Social Exclusion in 2010.[56]

COM(2009) 58 2009 Joint Report.

Gender equality has been included in the European Funds covering the period 2007-2013 for cohesion policy Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund. in order to support national policies aiming at reducing differences between men and women and their segregation on the job market. Member States are asked to integrate gender equality objectives to facilitate access to employment, education and training, promote participation in decision-making and strengthen the reconciliation of working and family life in their national programmes. The high-level group on gender mainstreaming in the Structural Funds has organised its work so as to promote exchanges of good practices on key policy themes of the Roadmap. The Funds for rural development Regulation (EC) No 1698/2005. and fisheries Regulation (EC) No 1198/2006. have also encouraged Member States to promote gender equality. The Commission is following up the implementation of this priority in the national programmes.[57][58][59]

Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund.

Regulation (EC) No 1698/2005.

Regulation (EC) No 1198/2006.

Example: ESF project in Poland

‘ Wanted: women over 45 – reliability, commitment, experience’

The project ran from November 2006 to November 2007. It was designed to contribute to changing stereotypes concerning working women over 45. Moreover, it was supposed to provoke a discussion on the system planned with respect to gradual levelling of the retirement age for women and men, equal access to employment and lifelong learning for both sexes, especially older people.

The project consisted of a media awareness-raising campaign addressed to women and employers for eliminating the stereotype according to which women over 45 are ineffective at work. Three TV spots were broadcasted on television, each of them illustrating the present situation of women over 45 on the labour market.

The campaign aimed at promoting the image of a women 45+ as mature, with vast experience resulting from many years of professional work, who is more focused on work than a young person because she has fewer family responsibilities, who is meticulous because she has already made mistakes and learned from them, who is disciplined because she values stability, who is loyal to her employer because she values her job, who has a higher motivation to work because she knows what she wants, and in addition – an increasingly prized commodity today – is a person who understands better the needs of an ageing population of customers because she belongs to that group herself.

A concurrent campaign on the internet website www.kobieta.gov.pl provided users with information on legal aspects of counteracting discrimination, addressed to employers, senior citizens and women. All articles from the website were also published in book form.

The importance of eliminating the pay gap between women and men has been highlighted in the Communication on the gender pay gap COM(2007) 424. . A new methodology (based on the SES - Structure of Earnings Survey) has been implemented in order to obtain a harmonised and comparable measure of the unadjusted gender pay gap across Member States. A major communication campaign Http://ec.europa.eu/equalpay . was launched on International Women’s Day 2009 and is still going on.[60][61]

COM(2007) 424.

Http://ec.europa.eu/equalpay .

Example of expert analysis on the gender pay gap:

Exposing the Pay Gap in Switzerland and Germany Author: Friederike Maier (German Expert to the EGGE – European Network of Experts on Employment and Gender Equality issues–).[62]

Author: Friederike Maier (German Expert to the EGGE – European Network of Experts on Employment and Gender Equality issues–).

The European Network of Experts on Employment and Gender Equality produced a report on the gender pay gap. They pointed out an example of an instrument developed to address the gender pay gap in enterprises.

To help both employed men and women, management and workers’ representatives (works councils), the German government (Ministry for Family, Seniors, Women and Youth) has a new instrument to measure the gender wage gap at company level. This instrument, called LOGIB-D, is an Excel-based programme which calculates regression on the basis of data on each single employee. The Ministry offers this instrument via its website and some firms are participating in a voluntary experimental phase to test the instrument.

Wider implementation of the LOGIB system in Germany is currently under discussion. Whereas the German Ministry for Family, Seniors, Women and Youth wants to keep the instrument voluntary in order to make firms sensitive towards gender wage gaps, the German Minister for Labour and Social Affairs is working on using the federal regulations on public procurement to strengthen the legal obligations. The Minister wants to create a federal office responsible for equal pay within the federal Agency for Anti-discrimination which could use the LOGIB instrument, and to give works councils the right to collect all information about wages and pay components and to demand the use of LOGIB.

However, this approach is planned in conjunction with other measures and the Minister points out that the wage gap due to low wages in certain sectors and industries needs to be tackled by a minimum-wage regulation.

In order to increase female entrepreneurship, three lines of action have been developed: better access to finance for women, development of female entrepreneurial networks and adoption of the ‘ Small Business Act’ COM(2008) 394. , thus providing, for the first time, a comprehensive policy framework for SMEs.[63]

COM(2008) 394.

Inequalities are experienced particularly by women belonging to ethnic minorities and immigrant women, who represent the majority of the migrant population in the Union. Opinion of the Committee of the Regions on the situation of migrant women in the European Union, 15.12.2007. This situation was taken into account in devising the strategy on migration policy COM(2008) 359. , particularly as regards participation of women in the labour market and protection of women who are victims of trafficking. The Commission has paid attention to the situation of women in monitoring the transposition of the Directive on the residence permit issued to third-country nationals, Directive 2004/81/EC. and in drawing up the framework Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. COM(2007) 637.[64][65][66][67]

Opinion of the Committee of the Regions on the situation of migrant women in the European Union, 15.12.2007.

COM(2008) 359.

Directive 2004/81/EC.

COM(2007) 637.

The EU Health Strategy (Together for Health: A Strategic Approach for the EU 2008-2013) COM(2007) 630. called on the Commission to take account of specific aspects of women’s and men’s health. The second programme of Community action in the field of health (2008-2013) Decision No 1350/2007/EC is intended to improve knowledge of the needs of women and men in the field of public health and to support initiatives to reduce gender inequalities.[68][69]

COM(2007) 630.

Decision No 1350/2007/EC

3.3.2. Better reconciliation of work and private family life

A broad consensus has been reached regarding the need to support efforts to increase employment rates and for measures facilitating better reconciliation of work and private life. A policy communication and legislative proposals elaborated in 2008 and the report on the availability of childcare facilities in line with the objectives set out in Barcelona in 2002, have helped to reinforce this objective and therefore contributed to addressing demographic imbalances.

New legislative proposals related to maternity leave and equal treatment for self-employed persons and their assisting spouses have been adopted and a successful consultation of social partners on the parental leave directive has taken place.

In 2008, the Commission launched a programme of exchanges of good practices Funded by ‘ Progress’ Community Programme for Employment and Social Solidarity (Decision No 1672/2006/EC). to reinforce the potential for Member States to learn from each other, to develop synergies, both in partnership with the Commission and, where appropriate, with social partners and NGOs, in order to achieve the objectives of the Roadmap. The first two exchanges were organised to transfer successful experiences on childcare and parental leave. http://ec.europa.eu/social/main.jsp?catId=574&langId=en.[70][71]

Funded by ‘ Progress’ Community Programme for Employment and Social Solidarity (Decision No 1672/2006/EC).

http://ec.europa.eu/social/main.jsp?catId=574&langId=en.

Example reconciliation between work and private life: P roject supported through a call for projects financed under the 5 th programme on equal opportunity (Council Decision 2001/51/EC).[72]

P roject supported through a call for projects financed under the 5 th programme on equal opportunity (Council Decision 2001/51/EC).

‘Men at work - Achieving Gender Equality’

In 2006-2007 the Department of Gender Equality from the Danish Minister for Ligestilling implemented a transnational project called ‘Men at work - Achieving Gender Equality’. This project aimed at encouraging men and fathers to care more for their children and families, thereby finding ways of reconciling work and family life.

A series of TV programmes was produced by The Danish Broadcasting Corporation. These programmes took a closer look at the myths and prejudices that surround the male role – and at the special equality issues that are associated with the role of the male. The series focused on ‘the European man’ and his role in the family, in the workplace and in the community at large, but with specific emphasis on the relationship between work and private life.

As a partner in this project the Slovenian Governmental Office for Equal Opportunities launched a media campaign of several months’ duration called ‘ Daddy, be active !’, and a special film was made, promoting active fatherhood. It was broadcast on national TV in January 2007. ( http://www.uem.gov.si/index.php?id=968 )

The secretariat of the Government Plenipotentiary for Equal Status of Women and Men, the Polish partner, carried out international research with regard to why men do not engage in family life and in bringing up their children: What obstacles exist and what are men afraid of? The results were presented during a European conference in Warsaw in January 2007.

3.3.3. Promoting equal participation of women and men in decision-making

The Commission has drawn attention to the lack of female participation in decision-making as a major challenge for our democratic societies.

Based on the most recent data, the Commission publishes each year a report on ‘women and men in decision-making’, raising awareness in order to encourage the partners (political and economic actors) to use all the necessary means to ensure more balanced participation in decision-making.

The Commission has supported action by the Member States in this field. To this end, a European network to promote women in decision-making posts in politics and economics has been established.

In the public research sector, the Union has set a target of 25 % for women in leading positions. Council of 18.4.2005. Career trends have been analysed in order to promote women's role in public research institutions, in particular through work by experts on decision-making in the research field. Mapping the maze: getting more women to the top in research, 2008. [73][74]

Council of 18.4.2005.

Mapping the maze: getting more women to the top in research, 2008.

Examples regarding equal participation of women and men in decision-making:

The ‘European Network of Women in Decision-making in Politics and the Economy’

The European Network of Women in Decision-making aims to get more women into decision-making positions in politics and the economy across Europe and to provide a platform at EU level for discussion of successful strategies to improve gender balance in decision-making positions. It is composed of the presidents of 15 European-level networks active in economic and political fields (networks of professionals, networks of players on the ground).

The creation of the Network was supported by the European Parliament, many Member States and the Advisory Committee for Equality between Women and Men. The inaugural meeting of the Network was held on 2 June 2008.

Members’ activities include:

Promoting the topic as a priority on the agendas of European, national and local politicians, business leaders, social partners, NGOs, media, etc.

Serving as a platform for the identification and exchange of experiences, information and good practices across Europe, leading to increased understanding and dissemination of successful strategies in this field.

Providing the Commission with knowledge based on the members’ experiences and practical insights derived from their role in society.

Raising awareness of the activities undertaken at European level and at the level of the participating networks and members and other stakeholders.

Members share the results of their discussions, relevant material and good practices identified with other members and stakeholders to highlight the issue of women’s under-representation in senior positions and to promote the use of good practice. One practical action saw the involvement of many members in campaigning for a better gender balance in the European Parliament before the elections. The first results are presented in the report ‘More women in senior positions – key for economic stability and growth’ March 2010, http://ec.europa.eu/social/main.jsp?catId=762&langId=en&furtherPubs=yes. . [75]

March 2010, http://ec.europa.eu/social/main.jsp?catId=762&langId=en&furtherPubs=yes.

3.3.4. Eradicating gender-based violence

The Commission has also emphasised that violence and human trafficking are unacceptable in the European Union and, where empowered to do so, takes specific action to support the efforts of Member States and NGOs to eradicate such practices. Actions to prevent and combat all forms of violence against children, young people and women have been pursued under the Daphne III programme, Decision No 779/2007/EC. which aims to contribute to the prevention of, and the fight against, all forms of violence occurring in the public or the private domain against children, young people and women, by taking preventive measures and by providing support and protection for victims and groups at risk. An exchange of good practice on gender-based violence also took place with Member States (see the example below). The large number of acts of violence among young people has also led the Commission to include the objective of combating violence against women in projects under the ‘Youth in action’ programme. Decision No 1719/2006/EC.[76][77]

Decision No 779/2007/EC.

Decision No 1719/2006/EC.

Example on combating gender-based violence:

Good practices and lessons learnt from Spain (Programme of exchanges of good practices) http://ec.europa.eu/social/main.jsp?catId=574&langId=en&eventsId=224&furtherEvents=yes [78]

http://ec.europa.eu/social/main.jsp?catId=574&langId=en&eventsId=224&furtherEvents=yes

In Spain, the system devised to combat gender-based violence is characterised by its comprehensive, coordinated and prioritised approach. The development of legislation on gender-based violence in Spain dates back to 1989, when ’domestic violence‘ was first included in the criminal code. Since 2004, a multi-directional approach has been adopted which shows that, although criminal law is an indispensable means for eradicating gender-based violence, it is in itself insufficient to deal with the complexity of the issue. Effective application is the key. The fundamental regulation in Spain in relation to this issue is Law 1/2004, on measures of integrated protection against gender-based violence. The judicial response as defined by the law comprises five main elements: the creation of special courts, a specialised prosecutor’s office, forensic teams, free legal assistance for all victims; and coordination. This coordinated approach is one of the main strengths of the Spanish system.

Responsibility for promotion, coordination, supervision and prevention falls on two organisations specially created for that purpose – namely, the Government Delegation against Gender-based Violence and the State Observatory on Violence against Women.

To promote the effective coordination of all the relevant agencies involved, protocols for action have been established and adequate resources have been provided to implement the different policies.

3.3.5. Promoting gender equality outside the EU

Significant resources have been devoted, with considerable success, to enhancing the role of the EU in external relations and following up international commitments and promoting basic values of gender equality in development and cooperation, particularly in aid and external trade arrangements. On a policy level, the Communication on Gender Equality and Women’s Empowerment in Development Cooperation has been followed by the adoption of the joint EU Plan of Action SEC(2010)265 final. . [79]

SEC(2010)265 final.

The new ‘Comprehensive Approach of the European Union to the implementation of UN Security Council resolutions 1325 and 1820 on women, peace and security ‘ aims at further strengthening the effectiveness of EU work in the area of women, peace and security. It presents a vision of the role and obligations of the EU in protecting women in conflict situations and in facilitating their proactive role as peace-builders.

The adoption of the EU Human Rights Guidelines on violence against women and girls and combating all forms of discrimination against them confirms the commitment of the EU to prioritise actions to promote and protect women’s rights in the overall EU human rights policy in third countries. These Guidelines, in particular, provide that the EU will continue to raise the subject of violence against women and the discrimination from which such violence originates in its human rights dialogues and consultations with third countries.

In the European consensus on humanitarian aid OJ C 25, 30.1.2008, p. 1. the EU has reaffirmed the importance of integrating gender considerations, of promoting active participation of women and of incorporating protection strategies against sexual and gender-based violence in all aspects of humanitarian assistance.[80]

OJ C 25, 30.1.2008, p. 1.

Example on gender equality outside the EU:

Implementation of the Istanbul Framework for Action

The Istanbul Framework for Action (IFA) is a regional political agreement dedicated to the promotion of gender equality. It was adopted by the Euro-Mediterranean Ministerial Conference which took place in Istanbul in November 2006, on ‘Strengthening the role of women in society’. The IFA includes a political process, with follow-up of the commitments set in the declaration, and the implementation of specific programmes funded by the European Commission.

Through the IFA, the political dialogue on gender equality between the North and the South has been strengthened, in particular in terms of cooperation in the regional programmes by preparing national gender action plans. The dialogue has identified common priorities, such as violence against women and women’s access to employment. As a consequence, Mediterranean partner countries are urged increasingly to take action, while the IFA provides support for taking new steps forward.

The involvement of civil society organisations is also a significant result of the IFA. These organisations have been involved through preparatory meetings of the Ministerial Conference and have produced many position papers and a shadow report about the IFA. In that regard, this process has provided a relevant framework for NGOs to develop and strengthen their advocacy for gender equality.

3.4. Overall assessment of policy impact

Implementing gender equality has brought added value to the definition and implementation of other policies. Raising the gender profile of EU policies has the potential to improve their effectiveness and to encourage greater mobilisation of actors, increasing ownership, transparency and accountability, and ensuring more effective cooperation and coherence among the different actions taken.

Over the last decade, gender equality has been part of the Lisbon Strategy, especially the European Employment Strategy (EES). Greater participation of women in the labour market has been the crucial factor for achieving the Lisbon targets on employment . It has been noted that a consistent and systematic approach to gender mainstreaming in policy development, including macro-economic policies, contributes to wider European social and economic goals. Smith Mark (2009) ‘Analysis note: gender equality on the labour market: challenges of the EU after 2010’ July 2009. [81]

Smith Mark (2009) ‘Analysis note: gender equality on the labour market: challenges of the EU after 2010’ July 2009.

Addressing gender equality in social policies has increased employment, growth and social inclusion and so has had a positive social impact . Promotion of gender equality has contributed to reducing the persisting inequalities and ensuring more equal treatment between women and men. It has helped to get more women on to the labour market and reduce occupational segregation and gender inequalities regarding quality of work. Beyond that, it has enhanced social inclusion, social protection and balancing of professional and private life. However, key objectives for equal participation by women and men, both on the labour market and in decision-making, have not yet been achieved. Studies have also suggested that closer attention to gender equality would permit development of a more coherent social model with investment in social infrastructure to support working women and men and promote sustainable employment and social reproduction Smith, Mark (2009), ‘Analysis note: Gender equality on the labour market: challenges of the EU after 2010’. .[82]

Smith, Mark (2009), ‘Analysis note: Gender equality on the labour market: challenges of the EU after 2010’.

As women’s growing involvement in the labour market has generated higher employment in general, gender equality has contributed to economic growth . Stronger gender mainstreaming in economic policies creates a better climate for sustainable growth and well-being in the EU. In many countries, a positive correlation exists between high levels of economic activity (GDP per capita) and higher labour market participation by women and men. There are several factors which could explain the relation between gender equality and economic growth, such as the existence of measures to balance work and family life, the design of tax systems and the level of participation in the labour market. As greater participation by women in the labour market generates higher employment in general, gender equality in turn contributes to creating virtuous circles in the economy Löfström, Asa (2009), ‘Gender Equality, Economic Growth and Employment’, Swedish Presidency of the European Union , 2009. .[83]

Löfström, Asa (2009), ‘Gender Equality, Economic Growth and Employment’, Swedish Presidency of the European Union , 2009.

The economic and financial crisis has, however, impacted heavily on advances made in gender equality. Rising unemployment now affects women and men similarly Monthly Labour Market Monitor May 2010: http://ec.europa.eu/social/main.jsp?langId=en&catId=113&newsId=798&furtherNews=yes , with long-term consequences on labour markets and economic growth.[84]

Monthly Labour Market Monitor May 2010: http://ec.europa.eu/social/main.jsp?langId=en&catId=113&newsId=798&furtherNews=yes

3.5. Assessment of institutional cooperation and partnership

Good governance and partnership with stakeholders at EU level have proved to be the keys to progress towards gender equality. Cooperation between groups and bodies striving for gender equality requires strong partnerships based on a shared policy agenda. The European Commission has been playing an increasingly important role in improving the partnership with Member States by facilitating the development and coordination of policy, exchanges of best practices and monitoring of progress.

The Roadmap has not only been the basis for the Commission’s action on gender equality, but also a reference for Member States and other partners in the EU. With the Roadmap in mind, EU Heads of State and Government agreed on a European Pact for Gender Equality Annex 4 to the Presidency Conclusions of 23/24 March 2006. , thereby recognising the importance of working at EU level to tackle gender inequalities and promote equality. Also, in 2007, troika Presidencies started to present specific coordinated work programmes on gender equality at EU level. The Commission in turn has supported partnership with the Member States via the High Level Group on Gender Mainstreaming (HLG) and the Advisory Committee on Equal Opportunities (ACEO).[85]

Annex 4 to the Presidency Conclusions of 23/24 March 2006.

At international level Member States are themselves committed to promoting gender equality by the UN agenda for women’s empowerment — the Beijing Platform for Action (BPfA) — and the international Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The HLG has provided a central forum for discussing and following up commitments at EU level. Dialogue is actively pursued with the European Parliament Committee on Women’s Rights and Gender Equality (FEMM), NGOs and social partners.

New bodies playing a role in implementing gender equality policies were set up between 2006 and 2010, including national equality bodies and the European Institute for Gender Equality See Annex 1: ‘Stakeholders and main bodies active in the field of equality between women and men ’ . .[86]

See Annex 1: ‘Stakeholders and main bodies active in the field of equality between women and men ’ .

There is broad consensus that a new framework for the period after 2010 defining a common agenda for gender equality policies will be useful for partnerships at EU level See Annex 3: ‘Consultation on the future strategy for Equality between Women and Men’. and will provide added value. [87]

See Annex 3: ‘Consultation on the future strategy for Equality between Women and Men’.

3.6. Assessment of progress regarding gender equality data and indicators

Development and dissemination of EU-wide, comparable and reliable gender statistics and indicators have contributed to better monitoring and assessment of progress in the EU.

The availability of official statistics broken down by sex is crucial for effective gender analysis. The Roadmap has identified indicators for monitoring progress towards gender equality in several policy areas, in particular in the Strategy for Growth and Jobs.

Agreed quantified objectives fixed in different areas by different Council formations are followed up.

Every year, in its Annual Report on Equality between Women and Men, the European Commission informs the Spring European Council of progress towards gender equality and presents the main challenges and priorities for the future. Monitoring those objectives is essential to demonstrate the relevance of promoting gender equality to achieve social and economic goals.

Moreover, with the cooperation of the Commission, Member States have developed indicators for monitoring the 12 critical areas of concern covered by the BPfA Since 1999, sets of quantitative and qualitative indicators have been developed by successive Presidencies in 9 of the 12 critical areas of concern identified in the Beijing Platform for Action, the remaining areas being: ‘Women and environment’, ‘Women and media’ and ‘Women and human rights’. Each year the Council adopts Conclusions on these indicators. The existing reports, conclusions and indicators can be found at: http://ec.europa.eu/social/BlobServlet?docId=3682&langId=en . . I n this context, t he HLG has developed and reviewed indicators in nine areas of concern http://ec.europa.eu/social/main.jsp?catId=765&langId=en. . The Commission has reviewed those indicators in its Annual Report and is keeping track of the existing indicators. Some stakeholders have recommended improving this reporting by indicating also progress at Member State level and increasing peer pressure at EU level.[88][89]

Since 1999, sets of quantitative and qualitative indicators have been developed by successive Presidencies in 9 of the 12 critical areas of concern identified in the Beijing Platform for Action, the remaining areas being: ‘Women and environment’, ‘Women and media’ and ‘Women and human rights’. Each year the Council adopts Conclusions on these indicators. The existing reports, conclusions and indicators can be found at: http://ec.europa.eu/social/BlobServlet?docId=3682&langId=en .

http://ec.europa.eu/social/main.jsp?catId=765&langId=en.

The EPSCO Council Council document 15992/09. called on Member States to make further progress with the indicators for gender equality in the remaining areas, in particular ‘Women and environment’ and ‘Women and media’, and to regularly review progress achieved in the areas where indicators have already been adopted. It recommended using all available resources, including the expertise of the High-Level Group on Gender Mainstreaming and the capacity of the EIGE, for follow-up of this process. This is an area where further cooperation between the Commission and the EIGE would provide EU added value.[90]

Council document 15992/09.

4. Assessment of the effectiveness of the current EU equal pay framework

4.1. Introduction

In July 2007, the Commission adopted a Communication Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, Tackling the pay gap between women and men, Document COM(2007) 424. entitled ‘Tackling the pay gap between women and men’. The Commission noted that the pay gap between men and women was estimated at 15 % which, in spite of the marked and continuous increase in the female employment rate, was only two points below the 1995 level As a result of the 2007 Communication, the gender pay gap statistics at EU level were revised by Eurostat in November 2008. There is a new methodology (use of a harmonised EU source – SES/Structure of Earnings Survey – instead of various national sources), which improves the comparability of this indicator among the Member States. This change of methodology increased the overall EU average from 15 % (unchanged in recent years with the old methodology) to 17.4 % for 2007. .[91][92]

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, Tackling the pay gap between women and men, Document COM(2007) 424.

As a result of the 2007 Communication, the gender pay gap statistics at EU level were revised by Eurostat in November 2008. There is a new methodology (use of a harmonised EU source – SES/Structure of Earnings Survey – instead of various national sources), which improves the comparability of this indicator among the Member States. This change of methodology increased the overall EU average from 15 % (unchanged in recent years with the old methodology) to 17.4 % for 2007.

For the Commission, the fact that the pay gap still existed and at such a high level highlighted the need for reflection on how best to tackle it.

Four priorities areas were identified: a) exploring ways to improve the legislative framework and its implementation; b) exploiting to the full the European Strategy for Growth and Jobs; c) encouraging employers to respect equal pay; d) supporting the exchange of good practice at Community level.

The starting point of the analysis was clear; while Community legislation has played a key role in achieving progress for women in the labour market, it has not closed the gender pay gap.

Therefore changes to the Community legal framework should be examined to ensure that direct and indirect discrimination based on sex is excluded from the systems used to set pay. An analysis of the current legislation from the point of view of the relevance of the legal instruments with regard to the causes of the gender pay gap (GPG) was launched.

Extensive use was made of external expertise for the analysis of the existing European law rules on equal pay: the existing networks of economic experts and of legal experts produced reports on the issue, a call for tenders was launched for a study on assessing the effectiveness of the current legislation and on the options for improvement, the Advisory Committee on Equal Opportunities (see Annex 1) adopted an opinion, the national Equality Bodies were sent a detailed questionnaire and finally the European Parliament adopted a resolution with recommendations to the Commission on the application of the principle of equal pay for men and women.

The aim of this section is to report on this analysis.

4.2. Report from the Group of Experts on Gender, Social Inclusion and Employment: The gender pay gap — Origins and policy responses

This report http://ec.europa.eu/social/BlobServlet?docId=2007&langId=en . , completed in July 2006, by the group of experts on gender, social inclusion and employment, provides data on the extent and development of the GPG, information on its causes and an analysis on how public policies may reduce or aggravate wage differences between men and women. It provided a basis for the 2007 Communication: this summary focuses on the identified causes of the GPG and on the suggested policy responses.[93]

http://ec.europa.eu/social/BlobServlet?docId=2007&langId=en .

4.2.1. Causes

Traditionally, within the context of human capital theory, the GPG is explained by differences in individual characteristics, such as age, education and experience. Evidence suggests, however, that these differences play a relatively minor part in the persistence of the GPG. The improved educational situation and the increased female participation rate have diminished gender-specific differences in individual characteristics. Instead, the GPG seems more related to occupational segregation and the wage structure. Women tend to work in different occupations and industries than men and are penalised because of that. The extent of the penalty may differ, though, depending on the wage structure; a more compressed wage structure is likely to diminish the GPG.

The current trend towards a more decentralised and individualised system of wage setting should therefore be assessed as a rather worrying development. In fact women seem to be swimming upstream: women with better education, fewer children and shorter periods of employment interruption are confronted with a labour market with growing wage differentials and a reduced share of collectively agreed wages and wage components. As a result, the differences in wages remain more or less the same.

4.2.2. Policy responses

According to this report, in quite a few Member States, the GPG rarely features either in public debate or on the policy agenda. In other countries, though, the persistence of the GPG has triggered several policy initiatives aimed at closing it.

Some policies refer to improving the effectiveness of equal pay legislation. Other policies try to enhance equal opportunities and aim at more continuous employment patterns; available and affordable childcare as well as paid parental leave for both men and women are seen as important preconditions in this respect. Girls might also be encouraged to choose less traditional occupations in order to enter higher paying careers. A third lever refers to wage policies aimed at reducing wage inequality and improving the remuneration of low-paid (or female-dominated) jobs. Actual policy initiatives in this respect vary from a general approach towards increasing the level of the minimum wage in Poland to a re-evaluation of low-paid, female-dominated jobs in Finland. The actual policy mix may depend on national particularities and the prevailing analysis of the origins of the GPG.

On the best practices at national level, the report notes that there is a wide variation of policy responses. There is quite a heavy emphasis on policies directed at the availability and dissemination of information among employees and employers and other relevant actors.

Most ‘visible’ initiatives refer to the establishment of an Equal Pay Day; equally important are policies for education and training of employers’ organisations, trade unions, lawyers and judges. Best practices also refer to development or strengthening of the infrastructure with respect to equal pay, notably the establishment of an equal opportunities ombudsperson.

4.3. Report from the Network of Legal Experts on Gender: The Gender pay gap in Europe from a Legal Perspective

The network of legal experts provides the Commission departments with legal advice and relevant information concerning the analysis and monitoring of national legislation and policies in the field of equality between women and men within the 27 Member States and Norway, Iceland, Liechtenstein, Croatia, FYROM and Turkey.

At the request of the Commission, the network updated in 2010 Not yet published. a February 2007 report on the legal aspects of the GPG. The aim was to give information on national initiatives to bridge the GPG and to reflect on whether and how legal instruments could help to close it. The report also seeks to explore potential links between equal pay and other national labour law provisions.[94]

Not yet published.

4.3.1. The legal framework

In Member States, a general principle of non-discrimination or equality is frequently enshrined at the highest level. In some cases, a separate article is devoted to the equal treatment of men and women and the very principle of equal pay for equal work or work of equal value has been laid down in nine national constitutions.

In any case, all Member States have regulated the issue, frequently in their Labour Code, but sometimes also in a special equal treatment act directly aimed at implementing EU equality directives.

The Community law principle of equal pay is in general well implemented in national law. The ‘letter of the law’ is therefore not the problem, but rather its application and enforcement.

This is an area where collective bargaining and the resulting agreements are an important – in some Member States even the major – source of rights and obligations in the employment relationship.

According to EU law, collective labour agreements have to comply with the equal pay principle. This implies that the provisions of a collective labour agreement should be in accordance with the principle of equal pay for men and women, and if not, the related provisions will be deemed to be null and void. Currently, collective agreements do not contain provisions which are directly discriminatory. However, certain collective labour agreements continue to contain provisions with an indirect discriminatory impact on female employees’ pay. Such indirectly discriminatory provisions include job evaluation and pay systems that are neutral on the face of it, but appear structurally to disadvantage female workers.

The report underlines that salaries are often individually negotiated far above the minima laid down in collective agreements, and that part of the workforce, typically those in higher positions, may not be covered by such agreements.

4.3.2. The role of law

The report underlines that the GPG is primarily a socio-economic problem that will by no means be resolved by legislation alone. In certain aspects, the legal framework might be reinforced, for instance by imposing an obligation on employers to introduce and publish pay audits, together with plans for reducing the pay gaps in their workforce identified in the audits.

4.3.3. Obstacles to litigation

Only very few claims concerning gender pay discrimination make their way to the competent (regular or administrative) courts. Case law on equal pay issues is very scarce at all levels and the explanations for such scarcity are multiple, including the difficulty in building a case because of the lack of information on pay, the problematic scope of comparison, the lack of a claimant’s personal resources, problems regarding time limits, limited compensation and sanction possibilities, etc.

The shift in the burden of proof, figuring in Directive 2006/54/EC, means that the claimant needs to establish facts from which it can be presumed that there has been discrimination. Then it is for the defendant (i.e. the employer) to show that no discrimination has taken place, either because there was no different treatment of men and women or because the unequal treatment was justified.

Another issue concerns the ‘comparator’ to be used in an equal pay claim: who performs the same work, or work of equal value? According to the report, in the majority of the 33 countries studied, the scope of comparison in pay discrimination claims is not laid down in statutory law. This gives a great deal of latitude to the national courts.

Furthermore, most countries do not accept a hypothetical comparator. An Irish court has stated, for example, that a claimant must be able to indicate ‘an actual concrete real-life comparator of the other sex’ performing like work. Finding such a real-life comparator, as opposed to the mere hypothetical one, proves to be particularly difficult in highly segregated occupations, where fellow workers of the opposite sex are rare or even non-existent.

National courts generally decide that comparisons can only be made within a company. In other words: comparators can never be found with another employer. In doing so, the national courts are consistent with the Court of Justice, which also tends to restrict comparisons to within a company, the idea being that only in that case can the differences in pay be attributed to one single source.

4.3.4. Impact of other areas of law

Part-time work

Many countries have adopted legislation guaranteeing equal treatment for part-time and full-time workers, which is in full accordance with the principle of non-discrimination between full-time and part-time employees as laid down in Directive 97/81/EC (part-time work). Nevertheless, the report found that some legislative measures regarding part-time employees can in some cases influence the GPG in an indirect way.

Overtime

The report notes that making overtime easier and cheaper for employers entails the risk of negatively affecting those workers — mostly women — for whom the performance of overtime work clashes with e.g. family duties. Their pay will not be increased with overtime pay and, as a consequence, the GPG will rise.

Temporary (fixed-term) work arrangements

In many countries, fixed-term contracts constitute an exception only allowed for explicitly prescribed reasons. This is in line with Directive 1999/70/EC (fixed-term work), which is intended to eradicate abuse arising from successive fixed-term employment contracts or relationships. Notwithstanding the above-mentioned principle, in many cases, ‘creative’ use of fixed-term contracts eventually works to the disadvantage of female employees.

Issues related to reconciliation of work and family life

The experts underline a possible negative correlation between some schemes for family-related leave and women’s pay. For example, lengthy spells of family-related leave on low pay could work to the disadvantage of female employees and have a twofold negative impact on the GPG. In the first place, the social security benefits that accompany such leave never reach the level of normal pay. In the second place, the employee faces the risk of receiving lower pay/missing pay rises from the employer due to taking up lengthy family-related leave.

Measures regarding seniority/length of service/evaluation

In some countries, collective agreements or other measures provide for allowances for length of service with an employer. Length of service is often also a condition for the calculation of redundancy pay. Women are clearly disadvantaged by this system due to frequent career breaks and also atypical work arrangements.

4.3.5. National good practices

Compulsory reporting systems like the ones that currently exist in Austria, Finland, France, Italy, Norway and Sweden are cited as good practices. Also the compulsory equal pay plans, to be drafted by large employers in countries like Finland, Iceland, Sweden and Spain, were highlighted as good practices. The Finnish government initiative to earmark an amount of money as an ‘equality pot’ meant for municipal employment pay rises targeted at low-paid highly educated ‘female’ branches could inspire other countries. Norway seems to have followed the Finnish example by adopting, in May 2010, a considerable pay rise in the female-dominated professions of the public sector.

As far as the social partners are concerned, the compulsory negotiations on occupational gender equality (including equal pay) as imposed by French law are exceptional, and can certainly be called an excellent practice. Depending on the national system of social dialogue, this seems to be a good way to place the issue on the social partners’ agenda.

Also, the systematic and compulsory analysis of all collective labour agreements by an independent governmental body (e.g. a national equality body) is a good way to get social partners to take into account the principle of equal pay for male and female workers. In this respect, Austria and Portugal provide good practices.

4.4. Resolution of the European Parliament

The European Parliament adopted by an overwhelming majority, on 18 November 2008, a resolution European Parliament resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women (2008/2012(INI)). based on Edit Bauer’s (EPP-ED, SK) report.[95]

European Parliament resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women (2008/2012(INI)).

The resolution focuses on the need to analyse the causes of the pay gap, and to tackle both the pay gap and segregation of the female employment market.

Recognised as causes of the pay gap are, inter alia: direct and indirect discrimination; social and economic factors; labour market segregation; overall wage structure; pay systems; gender-based digital divide; and undervaluing of professions and jobs dominated by women.

The resolution requested the Commission to present a legislative proposal before the end of 2009. It contains a list of recommendations to the Commission, Member States and social partners for the purpose of reducing the GPG, which at the time was still 15 %. Broadly speaking, the EP calls for an improved, gender-specific legal framework; more and better gender-specific data; education to eradicate gender stereotypes; implementation of measures for effective social dialogue, including information and guidelines (especially for SMEs); a larger role for the European Gender Institute; organisation of a European Equal Pay Day; and development of job evaluation instruments.

4.4.1. Legislative measures

The resolution points to revisions to Directive 2006/54/EC deemed necessary:

– More precise definition of concepts, including a definition of gender pay gap (GPG) that does not cover gross hourly pay only, and definitions of direct and indirect pay discrimination, remuneration, and pension gap;

– Enhance the mandate of equality bodies so they can monitor, report on and enforce gender equality legislation more effectively and independently, with specific reference to the GPG;

– Include a specific reference to pay discrimination so as to ensure that MS adopt the following: specific measures relating to training and job classification aimed at the vocational training system; specific policies for work-family life reconciliation; concrete affirmative action to redress the pay gap and gender segregation; and a clause in public contracts requiring respect for gender equality and equal pay;

– Article 29, gender mainstreaming, should contain precise guidelines for the MS regarding the principle of equal pay and closing the GPG;

– Compulsory regular pay audits and publication of results (companies with more than 20 employees); also for remuneration in addition to pay;

– Possible revision of Framework Agreement on part-time work.

4.4.2. Non-legislative Commission action

The resolution also makes some non-legislative recommendations, to be implemented at European or national level, in particular:

– Invite MS to introduce job classification complying with the principle of equality;

– Improve statistics and add data on part-time and pension GPGs (with MS);

– Devise guidelines for monitoring pay differentials in collective bargaining, to be placed on internet in various languages;

– Distribute practical information and guidelines on how SMEs in particular can work to redress the pay gap;

– Reinforce existing legislation with appropriate sanctions;

– Introduce a concrete target for reducing the GPG in Employment Guidelines;

– Ensure that women are provided with information, assistance and/or training in wage negotiations, job classification and pay scaling;

– Carry out thorough assessment of work evaluation and job classification focused on women-dominated professions.

4.5. Advisory Committee on Equal Opportunities

4.5.1. Causes of the GPG

The purpose of this Advisory Committee’s 2009 opinion http://ec.europa.eu/social/BlobServlet?docId=3176&langId=en . was to highlight the ‘invisible’ obstacles that make the gender pay gap (GPG) so persistent and to provide recommendations on how these can be overcome. [96]

http://ec.europa.eu/social/BlobServlet?docId=3176&langId=en .

The opinion states that although legislation is necessary, it is still not enough to tackle the GPG. Specifically, it says legislation cannot address the discretionary aspects related to pay which impact disproportionally on women, nor does it tackle or even diminish the structural reasons for the GPG.

The main causes of the persistently high GPG (17.4 % at the time the opinion was issued) in Europe are described as multiple, complex and often interrelated, lying in structural factors as well as indirect discrimination. The recurring theme of the opinion is that the GPG is linked to a number of legal, social and economic factors which go far beyond the single issue of equal pay for equal work or for work of equal value.

The opinion groups the causes of the GPG into five types:

– Undervaluing of professions and jobs dominated by women, due to differences in the way women’s abilities are valued compared to men’s.

– Labour market segregation. Women are under-represented in certain professions and sectors and in senior positions, and more women work in less highly paid areas such as health and social work, and also in lower paid occupations in the same sector or company.

– Overall wage structure and pay systems. Typically female professions continue to be less well paid than professions that are mainly pursued by men, partly because of limited representation of women in collective bargaining. They also may not be aware of the various parts of remuneration that are negotiated individually.

– Reconciliation of work and private life. Women remain mainly responsible for tasks relating to children or other dependents, resulting in more career interruptions and reduced working hours.

– Traditions a