No C 286/8 Official  Journal  of the European  Communities 15.12.  75 
2.5.3.  A  possibility  exists  that  discharges  of waste 
water  will  cause  peak  pollution  to occur  at a time  of 
the day  (e.g.  in the  morning)  which  does  not 
coincide  with  the maximum  density  of bathers. 
2.5.4.  The  extent  of the  bathing  area  is not 
prescribed  in Article  1. Moreover,  the  location  of 
sampling  points  with  respect  to the  point  of 
discharge  should  not be overlooked. 
3. Comments  on the annexes 
3.1. The  Committee  trusts  that  it will  be possible 
to adapt  standards  to suit  specific  circumstances, 
although  this  should  not  lead  to laxity  in applying 
the Directive. 
3.2. For  one  thing,  it might  be worth  instructing 
the responsible  authorities  in the  Member  States  to 
ensure  that  pollutants,  other  than  those  listed  in the 
annexes,  are  not  present  in excessive  quantities  in 
bathing  waters.  This  would  particularly  apply  to cases 
where  there  is reason  for suspecting  the presence  of 
such  pollutants  (e.g.  because  of the  presence  of 
industry).  In addition,  a special  study  should  be 
made  of the upsetting  of natural  balances  by factors 
such  as particularly  hot summers. 3.3. The  Committee  trusts  that  the  Commission 
will expand  the annexes,  so as to include  inspection 
to ascertain  the presence  or absence  of cyanophyceae 
(myxophyceae  or blue  algae).  Such  inspection  should 
particularly  be carried  out  in eutrophic  waters.  The 
temperature  regime  in eutrophic  waters  is favourable 
to the multiplication  of such  micro-organisms,  whose 
long-  and  short-term  toxicity  (action  on proteins)  is 
well known. 
3.4. On  a more  general  note,  the Committee  finds 
that the increase  in the discharging  of hot  water  into 
seas and  waterways  by industry  is causing  water 
temperatures  to rise.  This  is liable  to alter  the micro-
biological  characteristics  of the  water  thus  affected, 
and the  Committee  trusts  that  particular  attention 
will be paid  to this  problem. 
3.5. Similarly,  a systematic  search  should  be 
carried  out  for  a relatively  common  amoeba  which 
causes  certain  forms  of meningitis  for which  there  is 
at present  no known  cure. 
3.6. Apart  from  the floating  materials  listed  in the 
annexes,  other  solid  matter,  such  as fragments  of 
glass  and  metal,  can constitute  a hazard. 
Done  at Brussels,  24 September  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the communication  of the Commission  to the Council  concerning  equality 
of treatment  of men  and  women  as regards  access  to employment,  vocational  training, 
promotion  and  working  conditions 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 124  of 4 June  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 February  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  198  of the  Treaty 
establishing  the European  Economic  Community, 
15.12.  75 Official  Journal  of the European  Communities No C 286/9 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the  above  matter  at 
its 133rd  plenary  session,  held  in Brussels  on 24 and  25 September  1975. 
The full  text  of the Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community  and,  in particular, 
Article  198  thereof; 
Having  regard  to the request  on 27 February  1975  by 
the Council  of the  European  Communities  for  an 
Opinion  on the Communication  of the  Commission 
to the  Council  concerning  equality  of treatment  of 
men and  women  as regards  access  to employment, 
vocational  training,  promotion  and  working 
conditions,  and  on  the  proposal  for  a Directive 
which  is attached  to the communication; 
Having  regard  to the decision  taken  by its Bureau  on 
25 February  1975  in anticipation  of the  request, 
instructing  its Section  for Social  Questions  to draw 
up an Opinion  on the matter; 
Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mrs  Weber; 
Having  regard  to the Opinion  issued  at the meeting 
of its Section  for Social  Questions  on 10 July  1975 
(97th  meeting); 
Having  regard  to the discussion  at its 133rd  plenary 
session,  hdd  on 24 and  25 September  1975; 
Whereas  the right  to work  is a human  right  which 
men and  women  should  enjoy  in equal  measure  and 
under  the same  conditions; 
Whereas  Member  States'  law  contains  provisions 
which  discriminate  against  women  by  restricting 
their  access  to careers  and  training  and  their 
opportunities  for  promotion,  and  there  is also  still 
inequality  in pay and  conditions; 
Whereas  equality  of treatment  and  opportunity  for 
men and  women  with  regard  to  employment, 
education  and  training,  promotion  and  working 
conditions  has not yet become  a reality; 
Whereas  problems  of unequal  treatment  are  not  a 
new issue  in the Community,  but represent  one  of its 
perennial  tasks, HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  2 votes  against  and  8 abstentions: 
I. GENERAL  COMMENTS 
1. The  Commission's  memorandum  is a further 
step in the  direction  indicated  by  the  Council 
resolution  of 21 January  1974;  in this  resolution  the 
Council  decided  to  'undertake  action  for  the 
purpose  of achieving  equality  between  men  and 
women  as  regards  access  to employment  and 
vocational  training  and  advancement,  and  as regards 
working  conditions,  including  pay'  and  to 'ensure 
that the family  responsibilities  of all concerned  may 
be reconciled  with  their  job aspirations'. 
2. Accordingly,  the  memorandum  deals  with 
problems  relating  to the  preparation  of women  for 
occupations  and  the  pursuit  of occupations  by 
women.  It outlines  new  measures  which  must  be 
taken  in order  to achieve  equality  of treatment  and 
opportunity  for  men  and  women  in respect  of 
employment,  education  and  training,  promotion  and 
working  conditions. 
3. The  memorandum  sets  out  guidelines  for  the 
action  to be taken  by the  Member  States.  These 
constitute  the general  framework  for the initial  series 
of Community  measures  proposed  in Chapter  VII, 
and in particular  for  the  proposal  for  a Directive 
which  is annexed  to the memorandum. 
4. The  guidelines  for  action  and  the  proposed 
Community  measures  are based  on a concise  analysis 
of the  problems  women  encounter  in  the 
employment  sector,  and  in  connection  with 
vocational  guidance,  training  and  retraining,  working 
conditions,  child-care  facilities  and  social  security.  In 
line with  the  brief  given  to it by the  Council,  the 
Commission  confines  itself  in its memorandum  to 
those  aspects  that  are  particularly  important  to 
women  going  out to work. 
5. The  Committee  sees  problems  of unequal 
treatment,  not as a new  issue  in the Community,  but 
as one of the Community's  perennial  tasks. 
6. The  Committee  deplores  the fact  that  its work 
has been  made  difficult  by the lateness  of the request 
No C 286/10 Official  Journal  of the European  Communities 15.12.  75 
for an Opinion,  the  mass  of imprecise  and  unclear 
statements  in the  memorandum  and  the  — in many 
places  — poor  or incomplete  translation. 
7. The  Committee  finds  that  no  attention 
whatever  is given  in the  Commission  memorandum 
to the  problems  of  self-employed  women,  e.g. 
women  in the commercial  and  crafts  sectors,  women 
owners  of businesses,  women  helping  their  husbands 
to run  a farm,  women  doctors,  etc. 
8. A  memorandum  on  equality  of  treatment 
between  men  and  women  workers  should  begin  with 
the recognition  that  the  right  to work  is a human 
right  which  men  and  women  should  enjoy  in equal 
measure  and  under  the same  conditions.  The  right  to 
work  is mentioned  by the  Commission  at the end  of 
the first  chapter. 
In this  connection,  the Committee  would  refer  to the 
European  Social  Charter,  which  also  enshrines  the 
right  to work. 
The disproportionately  high  rate  of  female 
unemployment  in the  Member  States  should  have 
prompted  the  Commission  to lay  more  emphasis  on 
women's  right  to work  than  on  the  obstacles  to 
implementing  the  principle  of equality  in periods  of 
unemployment. 
9. The  Committee  fails  to understand  why  the 
Commission  did  not  retain  the  text  which  was 
submitted  to the  social  partners  for discussion  on 26 
November  1974  and  which  did  not  meet  with  any 
appreciable  objections  on their  part. 
10. The  Committee  appreciates  that  undue 
recourse  to Article  235  of the Treaty  of Rome  should 
be avoided.  Nevertheless,  it wonders  whether  it is 
really  possible  and  necessary  to exclude  family  policy 
if a serious  attempt  is to be made  to achieve  equality 
of treatment  between  men  and  women  at work. 
The Committee  believes  that  efforts  to eliminate 
discrimination  in  employment  will  only  achieve 
lasting  success  when  the  traditional  allocation  of 
family  responsibilities  and  ideas  about  the  respective 
roles  of men  and  women  change.  That  presupposes, 
however,  changes  in the  existing  legislation  and 
practices,  and,  above  all,  the  provision  of such 
services  by  society  as will  help  to bring  about 
changes  in social  relationships  and  thereby  also  in 
the mentality  of men  and  women. 
11. The  Committee  would  stress  that  the  right  to 
work  in no  way  means  a duty  to work.  This  is especially  so  in the  case  of mothers.  However, 
married  women,  mothers  and  women  with  family 
responsibilities  who  want  to work  or to resume 
work  after  an interruption  must  be given  all  the 
social  assistance  they  need.  Here,  the  Committee 
would  underline  the  Commission's  views  on  the 
required  social  services,  vocational  guidance 
measures,  vocational  education,  basic  and  advanced 
vocational  training,  etc. 
12. The  Committee  agrees  with  the  Commission's 
conclusion  that  the  general  education  and  vocational 
training  of women  has  to be brought  up  to the 
standard  of men's  both  in quality  and  quantity.  The 
Committee  believes  that  all  occupations  and  the 
training  required  for  them  should  be  open  to 
women,  in spite  of any  doubt  which  may  exist  as to 
whether  all occupations  should  be regarded  as actual 
career  possibilities  for  women.  Any  limitations  of 
this right  — even  on the  grounds  of future  family 
responsibilities  —  amounts  to penalizing  women 
right  from  the  start  of their  careers,  for  the  services 
they  render  to society. 
13. The  restrictions  on  women's  access  to jobs 
and promotion  are  not  only  due  to deficiencies  in 
vocational  training;  basically  they  stem  from  the 
abovementioned  conceptions  of the  role  of women 
and are  reflected,  among  other  things,  in  a 
segregated  labour  market  in which  vacancies  are 
often  differentiated  along  sex  lines,  rather  than 
according  to  qualifications.  The  Commission's 
objectives  should,  therefore,  include  the  achievement 
of a labour  market  which  does  not  discriminate 
against  women.  In this  connection,  it is important 
that job  advertisements  and  selection  procedures 
should  be worded  so as to exdude  sexually  based 
discrimination. 
14. The  Committee  would  suggest  that  instances 
of serious  discrimination  in connection  with  the 
employment  of women  should  be publicized,  besides 
achievements  in combating  it, as suggested  by the 
Commission.  For,  although  the  principle  of equality 
is universally  recognized,  inequalities  are to be found 
far too often. 
15. Vocational  training  must  become  a means  of 
eliminating  stereotyped  ideas  about  men's  and 
women's  jobs.  Firms  training  girls  and  women  for 
jobs not  traditionally  done  by women  could,  for 
example,  be given  special  subsidies  towards  training 
costs  if the  occupations  in question  offer  optimum 
job security  and  prospects  for  promotion.  Further 
training  establishments  and  vocational  guidance 
15. 12. 75 Official  Journal  of the  European  Communities No C 286/11 
centres  for women  wishing  to resume  some  form  of 
employment  must  be promoted. benefit  parents  going  out  to work,  especially  as 
hours  of work  could  then  be geared  to school  hours. 
The Foundation  should  examine  these  matters. 
16. The  Committee  notes  with  interest  that  the 
European  Social  Fund  is to be called  upon  to assist 
in providing  women  with  better  opportunities  for 
employment,  vocational  training  and  promotion. 
However,  since  the  conditions  governing  aid  from 
the ESF  clearly  do  not  cover  these  needs,  the 
Committee  considers  that  the relevant  Articles  of the 
ESF Decision  (particularly  Articles  4 and  5) should 
be amended  accordingly. 20. The  Foundation  might  also  make  an objective 
study  of the  material  and  social  working  conditions 
and the  physical  demands  in predominantly  female 
jobs.  The  question  should  also  be examined  of how 
to arrive  at a fair  evaluation  of  the  special 
performance  of  women  as  regards  speed, 
meticulousness  and  dexterity,  taking  account  of the 
extra  stress  caused  by  the  repetitiveness  and 
sedentary  nature  of the jobs,  for it is this  type  of job 
which  is commonly  performed  by women. 
17. Moreover  the  Committee  feels  that  an 
examination  should  be made  of how  nursery  schools, 
day nurseries,  etc.,  could  be wholly  or partially 
financed  by the ESF.  This  is necessary  and  justifiable 
because  nursery  facilities  open  up the  possibility  of 
working  for mothers  who  would  prefer  to carry  on 
their  occupations,  and  make  going  out  to work 
easier  for  mothers  who  have  to work  in any  case 
because  of pressing  economic  circumstances. 
18. The  European  Vocational  Training  Centre,  the 
establishment  of which  was  the  subject  of an 
Opinion  which  the  Committee  adopted  on 17 July 
1974,  can  help  towards  informing  the general  public 
about  the  educational  neglect  of the  female  half  of 
Europe's  population.  European-wide  comparisons 
and studies  must  be  made,  going  into  the 
multifarious  aspects  of vocational  guidance,  training 
and retraining.  The  factors  involved  in  the 
educational  discrimination  against  the  female  sex 
should  be analyzed,  for girls  who  want  to take  up 
male-dominated  occupations  often  meet  with  a lack 
of understanding  on the part  of vocational  guidance 
services  and find  little  help. 
19. The  Committee  would  draw  attention,  as the 
Commission  has  done,  to the fact  that  questions  of 
men's  and  women's  working  conditions  should  also 
be studied  in the  'European  Foundation  for  the 
Improvement  of Living  and  Working  Conditions'.  A 
good  many  of the  difficulties  facing  the  working 
woman  could  be considerably  eased  by measures 
applicable  to all workers.  One  example  would  be the 
further  gradual  reduction  of daily  and  weekly 
working  hours.  Flexible  working  hours,  in jobs 
where  they  are  feasible  organizationally,  could  also 21. The  Committee  deplores,  among  other 
omissions,  the  lack  of  any  mention  in  the 
memorandum  of the taxation  systems  in force  in the 
various  Member  States.  These  systems  vary  from  one 
Member  State  to another,  but  they  are  often 
discriminatory  against  working  women.  In certain 
countries,  these  tax  systems  were  designed  to 
discourage  women  from  going  out to work.  If a fair 
system  is to be arrived  at, the taxation  of working 
women  cannot  be judged  in isolation;  it must  be 
seen in  its  full  socio-economic  context.  The 
Committee  feels  that  this  very  important  and' 
complex  problem  should  be studied  at the  earliest 
opportunity. 
22. The  memorandum  contains  only  some  of the 
points  and  suggestions  made  above,  and  they  do not 
all appear  in the  Commission's  proposed  guidelines 
for action.  The  Committee  would  like  to see all the 
suggestions  incorporated  in the  proposed  guidelines 
for action.  This  would  make  the  guidelines  more 
concrete,  for at present  they  are too general.  That  is 
their  crucial  failing.  The  Committee  regrets  that  the 
Commission  stopped  short  at these  guidelines,  which 
are purely  general  and  therefore  have  little  binding 
force,  especially  as it has  tackled  specific  problems 
elsewhere  in the document  and  talks  of 'measures  to 
be taken'  ('zu  ergreifende  Mafinahmen')  instead  of 
'guidelines  for  action'  in the  German  version  of 
Chapter  IV. 
The memorandum  does  nothing  but  raise  hopes 
which  are  to be fulfilled  by the  Member  States.  It 
does  not even  fix priorities. 
No C 286/12 Official  Journal  of the European  Communities 15.12.  75 
II. SPECIFIC  COMMENTS  ON  THE  INDIVIDUAL 
CHAPTERS  OF THE  MEMORANDUM 
In the light  of these  general  comments,  the following 
remarks  are to be made  on individual  chapters  of the 
memorandum: 
CHAPTER  I 
Point  3.  The  Committee  concurs  with  the 
Commission's  statement  that  family  responsibilities 
must  be reconciled  with  professional  responsibilities 
if equality  of treatment  is to be achieved  between 
men and  women  workers. 
Compatibility  between  job and  family  is not the only 
condition  for  equality  of treatment,  but  it is a 
particularly  important  one.  This  is  why  the 
Committee  regrets  that  the relevant  aspects  of family 
policy  are  not  dealt  with  in sufficient  detail  in the 
memorandum. 
Point  6. In  the  Committee's  view,  the  allegation 
of higher  absenteeism  among  women,  frequently 
mentioned  by the  Commission,  needs  to be closely 
examined.  Maternity  leave  must  not  be  counted 
when  calculating  absenteeism,  because  it must  be 
seen as the  responsibility  of society  as a whole  and 
not imputed  just  to women.  Cases  where  a higher 
rate of  women's  absenteeism  than  men's 
nevertheless  exists  cannot  be generalized.  It is well-
known  that  boring,  monotonous  and  unsatisfying 
jobs tend  to produce  higher  absenteeism.  As  a 
greater  proportion  of women  than  men  are employed 
in such  jobs,  the  absenteeism  rate  of women  is 
correspondingly  higher.  The  Committee  considers 
that an  investigation  should  be  made  into  the 
connection  between  absenteeism  and  position  in the 
job hierarchy  for  men  and  women. 
In the  Federal  Republic  of Germany,  too,  surveys 
have  shown  that  there  is a much  stronger  correlation 
between  absenteeism  and  job  level  than  between 
absenteeism  and  the  sex  of the  employee.  Perhaps 
faster  results  could  be achieved  if existing  studies  in 
the individual  Member  States  on absenteeism  among 
men and  women  were  combined  and  evaluated.  The 
findings  of  the  Commission  conference  on 
humanization  of the working  environment  could  also 
be of use here. 
Point  9. In  the  Committee's  view  the  conception 
of the  family  has  not  changed.  Rather  our 
conceptions  of men's  and  women's  respective  roles 
within  the  family  are beginning  to change,  and  this 
must  have  far-reaching  implications  for  family 
policy. Point  13 (a).  The  Committee  does  not  accept  the 
generalization  that  provisions  affording  women 
special  protection  are  no longer  justified.  It agrees 
that such  provisions  must  be examined  to make  sure 
that they  are  still  necessary  in the  light  of modern 
technology  and  medical  knowledge.  The  Committee 
believes,  however,  that  heavy  physical  work  is far 
from  having  been  universally  abolished.  The 
question  of night  work,  which  is also  mentioned  in 
this chapter,  will  be discussed  in detail  in the section 
on Chapter  IV of the memorandum,  where  questions 
of labour  protection  are also  dealt  with. 
Point  13  (b).  The  Committee  feels  strongly  that 
parenthood  is a 'social  function'  which  must  be 
accepted  as such  by society,  with  all its implications. 
This  means,  for example,  that  the  cost  of maternity 
benefits  and  of releasing  fathers  or mothers  from 
work  when  their  children  are  ill must  be borne  by 
society  and  not by employers. 
Point  14.  The  Committee  would  refer  back  to its 
comments  on Point  6, regarding  the alleged  tendency 
of women  to absenteeism.  It also  refers  to its 
comments  on Point  13  (b),  as it feels  that  the 
psychological  attitude  of employers  towards  working 
women  could  be improved  if they  did  not  have  to 
bear  extra  costs  for  maternity.  In addition,  the 
Committee  requests  an amendment  to the  fourth 
sentence  of this  point,  namely  the replacement  of the 
phrase  'whether  her  wage  is the  main  or  a 
supplementary  source  of  family  income'  by 
'whether  or not  her  wage  is the  sole  source  of 
family  income'. 
The Committee  proposes  that  in the last  sentence  of 
Point  14, the words  'among  employers,  trade  unions 
and educators,  as well  as in the  public  services'  be 
deleted. 
Point  18.  In  the  Committee's  view,  the  wording 
of the  last  sentence  of Point  18 is too  vague.  Up to 
now,  women's  right  to equality  of treatment  in 
access  to jobs  and  at work  has  been,  not  'has 
seemed  ... to be',  a mere  formality. 
Point  20 (b).  For  the  sake  of clarity,  the  German 
version  of the  first  sentence  of Point  20 (b) should 
be amended  to read:  'Es  ist erforderlich,  Aktionen 
zu fordern,  die das  zwischen  Mannern  und  Frauen 
allzu  haufig  bestehende  Mifiverhaltnis  bei 
Ausbildungs-,  Beschaftigungs-  und  Aufstiegschancen 
sowie  bei deren  Arbeitsbedingungen  beheben.' 
15.12.  75 Official  Journal  of the  European  Communities No C 286/13 
Point  20 (c).  This  should  call  for publication  not 
only of examples  of 'effective  action  to eliminate 
discrimination'  but  also  of cases  of discrimination 
which  have  still  to be eliminated. 
CHAPTER  II 
Point  1. The  passage  'whilst  a woman  ... living 
conditions  force  them  to work'  should  be deleted. 
Point  2.  The  word  'however'  in  the  third 
sentence  should  be replaced  by 'in addition'.  This 
would  help  to make  it clear  that  the relatively  high 
rate of female  unemployment  is even  higher  than  is 
shown  in statistics. 
Point  3. If  this  paragraph  is not  to discriminate 
against  women,  the third  sentence  must  make  it clear 
that women's  difficulties  in satisfying  employment 
requirements  are  due  to  inadequate  vocational 
training  and  not to any  lack  of general  aptitude. 
Point  4. It  is proposed  that  the  entire  paragraph 
be redrafted,  taking  into  account  the  following 
comments. 
Owing  to the  family  duties  which  are  traditionally 
assigned  to them,  the  occupational  mobility  of 
women  is limited  everywhere  and  not  just  in areas 
where  no jobs  suitable  for women  are offered. 
After  correctly  emphasizing  the manual  dexterity  of 
women,  Point  4 goes  on to repeat  the  assertion 
regarding  the lower  qualifications  of female  workers, 
again  without  mentioning  lack  of training.  The  last 
sentence,  too,  is open  to misinterpretation,  since  it 
talks  about  women's  qualifications  without 
specifying  what  they  are. 
Point  6. It  is vital  to state  in this  paragraph  that 
one of the  problems  facing  women  who  want  to 
return  to work  is the fact  that  employers  are  often 
unwilling  to recruit  women  who  have  temporarily 
withdrawn  from  the labour  market. Point  7. The  Committee  considers  that  employers 
should  make  it clear  when  they  advertize  a post  that 
they are  seeking  a suitable  person  for  that  post 
regardless  of sex.  By omitting  references  to sex  in 
their  list  of requirements,  employers  could  help  to 
change  traditional  attitudes  about  the  range  of jobs 
open  to women  which  have  clearly  survived  even  in 
employment  services. 
A statement  to this  effect  should  definitely  be 
inserted  in point  7. 
Point  11 (c).  The  Committee  attaches  importance 
to effective  public  supervision  of the  regulations 
governing  temporary  employment,  but  it considers 
that the question  of temporary  employment  has little 
to do with  helping  women  choose  a career  and 
aiding  their  return  to  work.  The  Committee 
therefore  proposes  deletion  of the second  half  of the 
passage  in brackets. 
In addition,  point  11 definitely  ought  to mention 
that,  as a general  rule,  the practice  of separate  job 
advertisements  for  men  and  women  (segregated 
labour  markets)  should  cease. 
CHAPTER  III 
Vocational  guidance,  training  and  retraining 
Point  1. The  last  sentence  does  not  make  it 
sufficiently  clear  that  the  'feared'  labour  market 
difficulties  genuinely  arise  when  girls  opt  for.  an 
unconventional  (for  women)  training.  The  sentence 
should  be worded  more  carefully,  so as not  to give 
the impression  that  the girls  themselves  are basically 
to blame  if they  fail  to take  advantage  of training 
possibilities. 
Point  2. The  Committee  considers  that  segregation 
does  not  begin  at school  but  in infancy.  Segregation 
is, however,  continued  and  reinforced  at school. 
Point  2 again  refers  — and  exclusively  in connection 
with  schooling  — to the  'genuinely  restricted  range 
of qualifications'  of girls.  It is not  to be assumed 
that the  Commission  considers  girls  to  be 
fundamentally  less  capable  than  boys,  but  the 
wording  should  be  carefully  reconsidered  and 
changed  to preclude  such  misinterpretations. 
No C 286/14 Official  Journal  of the  European  Communities 15.12.  75 
Point  3. Here  again,  when  stating  that  girls  and 
women  tend  to make  less  use  than  their  male 
counterparts  of opportunities  for  further  education 
and training,  reference  should  have  been  made  to the 
numerous  social  and  cultural  factors  responsible  for 
this failure  to  take  sufficient  advantage  of 
opportunities. 
Point  8. It  is not  enough  to merely  point  to the 
need  for vocational  guidance.  It should  be stated  that 
the vocational  guidance  must  be skilled.  This  is 
especially  relevant  in view  of the points  made  by the 
Commission  in  Chapter  II (7)  (cf.  also  the 
Committee's  comments  thereon). 
Point  10 (f).  It should  be stated  that  the  grants 
must  be of the same  size. 
This  paragraph  should  also  mention  the  grants 
towards  training  costs  which  have  already  been 
referred  to. These  grants  are  both  necessary  and 
justifiable  in  the  case  of  future-orientated 
occupations  which  afford  optimum  job  security  and 
prospects  of promotion. 
CHAPTER  IV 
Working  conditions 
Point  2. The  Committee  would  be grateful  if the 
Commission  would  define  'flexible  working  hours'. 
The term  'flexible  working  hours'  and  the  terms 
corresponding  to it in other  languages  mean  different 
things  in different  countries  of the  Community.  In 
the Federal  Republic  of Germany,  for  example,  a 
distinction  is drawn  between  'flexible  Arbeitszeit' 
and 'gleitende  Arbeitszeit'.  'Gleitende  Arbeitszeit' 
requires  the employee  to be at work  during  a core 
time  each  day  and  only  gives  him  freedom  to choose 
his working  hours  before  and  after  the core  time.  In 
'flexible  Arbeitszeit',  on the  other  hand,  there  is no 
such  limitation  and  working  hours  are left entirely  to 
the employee  to  decide,  according  to  the 
circumstances  of his  work.  Any  form  of flexible 
working  hours  can  give  working  parents  better 
opportunities  to fulfil  their  family  responsibilities. 
Point  4. The  Committee  also  agrees  with  the 
Commission  that  part-time  work  should  be open  to 
men as well  as women. 
Point  5. The  Commission  refers  to students  as an 
example  of those  to whom  part-time  work  should  be made  available.  This  leads  us to ask  whether  the 
Commission  really  means  what  it says  in Point  4. As 
a general  rule,  students  do not  need  part-time  work 
in order  to be able  to perform  household  and  family 
duties. 
The Committee  does  not  see  how  shift  work  can 
'benefit'  an increasing  number  of men.  Shift  work  is 
very common  in trade  and  industry,  and  it does  not 
involve  any  special  advantages  for those  who  do it 
— indeed,  if anything,  the contrary  is true. 
Point  6. The  Committee  suggests  that  the  clause 
beginning  'in view  of . ..' in the  third  sentence  be 
changed  to:  'in  view  of the  tendency  of some 
women  to underrate  the  few  chances  of promotion 
available  to them'. 
This  would  avoid  giving  the impression  that  women 
have  abundant  opportunities  for  promotion,  which 
they fail to recognize. 
Point  7. The  first  sentence  should  read:  'The 
improvement  of working  conditions  is a matter  for 
discussion  and  negotiation  between  employees  and 
their  unions  on the one  hand  and  plant  management 
or employers'  associations  on the  other.  The  same 
applies  to the public  service.' 
In the second  sentence  of Chapter  IV, point  7 of the 
Commission  memorandum,  the  phrase  'in  those 
undertakings  which  employ  significant  numbers  of 
women'  should  be deleted. 
Point  8. The  Committee  reiterates  that  provisions 
protecting  working  women  must  be reviewed.  But  it 
cannot  agree  that  all protective  provisions  for female 
workers  should  be abolished  without  prior  scrutiny 
— any  more  than  should  those  for young  people  or 
other  categories  of workers  — especially  since,  as 
has already  been  pointed  out,  some  jobs  still  involve 
considerable  physical  exertion. 
The Committee  doubts  whether  equality  between  the 
sexes  means  that  in most  Member  States  women,  like 
men,  are  expected  to take  night  shifts  when  the 
circumstances  of the  industry  demand  this.  The 
Committee  calls  for an investigation  into  the  effect 
of night  and  heavy  work  on workers'  health,  and  of 
whether  or not there  is a need  to bring  in legislation 
stipulating  that  work  of this  type  carried  out  under 
difficult  conditions  may  only  be done  by workers 
who are  in perfect  health,  and  only  where  the 
working  environment  does  not  contain  additional 
dangers. 
15.12.  75 Official  Journal  of the  European  Communities No C 286/15 
Point  9. The  last  phrase  of the  first  sentence 
should  end  \..  as  soon  as  they  have  made 
arrangements  to have  their  children  looked  after'. 
The Committee  has  no  objection  to the  French 
version  of this  sentence. 
As regards  the  last  sentence,  it is not  enough  for 
employers  merely  to recognize  the  importance  of 
ensuring  equal  promotion  prospects  for  men  and 
women.  They  must  apply  this'principle  in practice. 
Point  10 (a).  This  paragraph  should  also  urge  a 
review  of existing  provisions  to protect  women.  In 
addition,  separate  subparagraphs  should  be devoted 
to compliance  with  safety  regulations  at work  and 
to provisions  for the protection  of working  mothers, 
which  are also  mentioned  in the paragraph. 
Point  10  (b).  When  calling  for  introduction  of 
more  flexible  working  hours  it must  be pointed  out 
that this  must  take  account  of the  opportunities  of 
the work  organization. 
Point  10  (c).  More  extensive  provision  of 
educational  leave  should  be  replaced  by  'the 
introduction  of educational  leave  where  no provision 
for it yet exists  and  authorization  of such  leave  on a 
wider  scale'. 
Point  10 (d).  Add  'as well  as managements  and 
employers'  associations'. 
Point  10 (e). It  should  be stated  in this  paragraph 
that society,  not  the  employer  should  provide 
compensation  for  loss  of earnings  during  maternity 
leave  and  other  periods  during  pregnancy  when 
work  is forbidden,  because  maternity  is a 'social 
function'. 
Point  10 (f).  This  paragraph  should  be further 
subdivided.  Provision  of promotion  opportunities  is 
one thing,  the  special  problems  of part-time  work 
are another. 
CHAPTER  V 
Child-care  facilities  and  support  for  workers  with 
family  responsibilities 
Point  2.  The  Committee  considers  that  the 
opening  sentences  should  read  as follows:  'Given  the current  allocation  of roles  within  the  family,  the 
working  mother  is faced  with  difficult  dilemmas  if 
she cannot  look  after  her young  children  herself.  She 
does  not  as a rule  have  any  freedom  of choice 
between  job and  family  obligations  in such  cases.' 
The third  sentence  of this  paragraph  is unclear  in 
that a woman  who  does  not  start  work  again  on 
expiry  of her  maternity  leave  does  not  'risk'  losing 
her income  but actually  does  lose  it. 
The next  sentence  should  read:  'If she  wants  to go 
out to work  or has  to do so and  therefore  tries  to 
make  arrangements  for her child  to be looked  after 
elsewhere,  she  will  discover  that  the  demand  for 
places  in publicly  approved  day  nurseries  ...' 
Point  4. The  last  sentence  in the  German  and 
English  texts  is an extremely  bad  translation.  What  is 
presumably  meant  is that  parents  should  receive 
financial  support  so that  they  can  jointly  decide 
whether  one  of them  will  stay  at home  to look  after 
the child  or whether  they  will  send  it to a day 
nursery.  If this  is the  correct  interpretation,  the 
Committee  would  agree. 
Point  5. This  paragraph  is also  very  obscurely 
worded  — at least  in the  German  and  English 
versions.  It is not clear  for what  age  group  there  is 
better  provision  of child  care  and  educational 
facilities.  Also,  the  paragraph  fails  to mention  the 
fact that  there  are  considerable  regional  as well  as 
national  variations  in the  provision  of nursery 
schools  and  classes  in the  Community  and  that  the 
situation  is particularly  bad  in rural  areas. 
Point  6.  The  Committee  cannot  accept  as 
generally  valid  the  assertion  that  the  'phenomenon 
of the  "latch-key"  child'  leads  to  much 
unhappiness.  The  studies  which  are  carried  out 
appear  to produce  widely  differing  findings  from  one 
country  to another  and  should  not  lead  to hasty 
conclusions  against  working  mothers  generally.  It 
should  be  noted,  however,  that  here  again  the 
unsatisfactory  translation  of  the  Commission 
documents  is apparent.  The  relevant  passage  in the 
French  version,  which  talks  of the  existence  of 
unsolved  problems  in connection  with  'latch-key' 
children,  is acceptable  to the Committee. 
Point  7. Since  a growing  number  of women  are 
becoming  involved  in the  economic  life  of the 
country  because  of the  needs  of society,  and  more 
especially  for economic  reasons,  as well  as through 
their  own  inclinations,  society's  task  of helping 
parents  to care  for and  bring  up their  families,  in the 
No C 286/16 Official  Journal  of the European  Communities 15.12.  75 
interests  of education  and  socialization  of children,  is 
expanding  and  taking  on increasing  importance. 
The statement  that  at times  of economic  difficulty 
Member  States  tend  to cut public  investments  for the 
care of children  should  add  that  investments  for help 
services  and  for  the nursing  of dependants  in need 
of care  are also  not given  the attention  they  deserve 
at such  times. 
Point  8. This  paragraph  has  been  numbered  as 
paragraph  7 by mistake  in the German  text. 
Point  9 (c). This  sentence  is wrongly  numbered  as 
Point  8 in the German  version. 
Here  it must  be stated  anew  that  the  cost  of such 
leave  should  be borne  by the community  at large. 
Point  9 (d).  In  order  to avoid  the impression  that 
these  facilities  and  arrangements  are to be provided 
exclusively  as part  of regional  development  plans,  the 
word  'auch'  ('also')  should  be added  to the  first 
line of 9 (d) in the German  text. 
CHAPTER  VI 
Social  security 
The Committee  points  out  that  it is considering  the 
'social  security  systems'  exclusively  from  the  point 
of view  of the relevant  statutory  provisions. 
The Committee  thinks  that  it is totally  inadequate  to 
state  that  steps  must  be taken  to preserve  acquired 
pension  rights  in future  when  a woman  interrupts 
her work  to  bring  up  her  children.  In  the 
Committee's  view,  the  time  spent  bringing  up 
children  must  give  rise  to the  same  increase  in 
pension  entitlement  as would  result  if the  mother 
were  to go  out  to  work  and  pay  insurance 
contributions  during  this  period.  In taking  this  view, 
it is aware  of the  difficult  financial  problems 
involved. 
Point  2. 'Years  of service'  should  be replaced  by 
'years  insured'.  In some  countries,  certain  members 
of the  working  population  are  not  automatically 
insured  (e.g.  self-employed  persons).  On  the  other 
hand,  social  security  legislation  makes  provision, 
subject  to certain  conditions  being  fulfilled,  for 
persons  to  be  credited  with  'insurance  years' although  they  did  not  actually  work  during  the 
period  in question. 
In addition,  the  second  half  of the  third  sentence 
should  be amended  to read:  '...  who  commit  a 
substantial  period  of their  lives  exclusively  to  the 
raising  of a family'.  This  precludes  any  presumption 
that working  women  do not  devote  themselves  to 
their  families. 
Point  3.  In  the  view  of the  Committee,  a 
progressive  lowering  of  the  retirement  age  is 
necessary,  leading  to alignment  of the  retirement 
ages for men  and  women.  The  possibilities  women 
have  in various  Member  States  of drawing  their 
retirement  pensions  earlier  than  men  must  not result 
in any  compulsion  for  women  to retire  from  work 
prematurely. 
Point  5. The  Committee  in principle  agrees  with 
the Commission  on the justification  of extending  to 
widowers  the current  arrangements  in Member  States 
concerning  widows'  pensions.  However,  it feels  that 
barely  soluble  financial  difficulties  would  arise,  and 
also wonders  what  arrangements  would  be made  for 
single  people.  Single  people  cannot  pass  on any 
pension  rights,  although  the  amount  of  their 
contributions  is determined  exclusively  by  their 
income  in  the  same  way  as  their  married 
counterparts.  The  Committee  would  therefore 
suggest  that  it be examined  whether,  and  how,  it 
would  be possible  to introduce  an independent  old-
age pension  on a partnership  basis. 
The question  arises  as to whether  future  social 
security  legislation  should  not  distinguish  more  than 
it does  at present  between  married  women  with 
family  responsibilities  and  married  women  without 
family  responsibilities. 
However  much  we  must  support  the  right  of 
mothers  to benefits  from  society  as a whole  as 
compensation  for  their  contribution  to  the 
community,  the  question  is whether  society  can  be 
called  upon  to assist  wives  who  do or did  not  have 
children  or relatives  in need  of care  to look  after,  but 
only their  husband.  In the  Committee's  view  these 
women,  too,  have  a right  to appropriate  social 
security;  in such  cases  the  husband  must  ensure, 
through  contributions,  that  his  wife  obtains  that 
security. 
Point  6. In  line  with  its previous  remarks  about 
sickness  benefits,  the Committee  endorses  the policy 
of non-discrimination  against  women  who  have 
dependents.  It feels,  however,  that  sickness  benefits 
15.12.  75 Official  Journal  of the  European  Communities No C 286/17 
must  be  geared  to actual  incomes.  When  the 
Commission  refers  to discrimination  in this  respect, 
it should  not  confine  itself  to general  remarks  but 
should  speak  of the  'unjustifiably  low  incomes'  of 
women  which  place  them  at a disadvantage  not only 
during  their  working  life but also  after  it. The Committee  is pleased  that  the  Commission  has 
had reports  on the  situation  of working  women  in 
individual  countries  drawn  up, and  looks  forward  to 
their  early  translation  into  all the official  languages 
so that  conclusions  can be drawn  and  acted  upon. 
Point  7. Where  the  concept  of 'head  of the 
family'  still  exists,  it must  be amended  or better  still 
abolished.  This  is another  important  aspect  of family 
law. If fathers  and  mothers  are  legally  obliged  to 
support  their  children,  the  relevant  social  security 
law must  allow  for  the  fact  that  this  is a joint 
responsibility. 
Furthermore,  the  Committee  understands  that  the 
amount  and  duration  of unemployment  benefit  is 
also by no means  always  linked  to the  concept  of 
'head  of the family'. 
Point  10. Here,  it is obvious  that  the Commission 
does  not  realize  quite  how  many  women  are  self-
employed,  and  the  Commission  nowhere  deals  with 
the problems  of such  women.  Contrary  to the 
Commission's  claim,  the  self-employed  female 
population  does  not  solely  consist  of women  'who 
pursue  an  activity  which  is classified  as self-
employment,  such  as piecework  done  at home'  (the 
latter  have  special  problems)  but  of those  women 
already  referred  to in Point  7 of the  general 
comments,  that  is to say,  women  with  their  own 
businesses  and  women  helping  to run  a business,  in 
particular  the  wives  of farmers,  craftsmen  and  the 
like. 
These  and  all other  self-employed  women  urgently 
need  to be provided  with  social  security  in keeping 
with  their  particular  occupations.  Unfortunately,  the 
Commission  does  not discuss  this matter. 
Point  11.  There  is not  even  a minimum  of 
concrete  proposals  here.  Above  all, measures  should 
be proposed  which  provide  appropriate  remuneration 
for the work  done  by women  for their  families  and 
in their  occupations. Point  1. The  Committee  notes  with  interest  that  it 
is proposed  to use  the  European  Social  Fund  for 
innovatory  and  demonstrative  projects  in the field  of 
women's  employment.  The  Committee  welcomes  this 
proposal. 
Points  3 and 4. The  Committee  reiterates  its view, 
set out under  point  15 of the general  comments,  that 
changes  should  be made  to the  relevant  Articles  of 
the European  Social  Fund  Decision  (particularly 
Articles  4 and  5), since  the conditions  for receiving 
aid from  the  Fund  clearly  do not  tally  with  the 
purposes  pursued  by the communication. 
Point  7. The  Committee  agrees  that  programmes 
for improved  child-care  facilities  should  be 
supported  by  the  Social  Fund.  The  Committee 
expects  the  Fund  to finance  or part-finance  such 
facilities. 
Conclusions 
The Committee  wonders  why  a number  of 
worthwhile  ideas  of  the  Commission  are  not 
mentioned  in the  conclusions.  Even  if we  must 
assume  that  all  the  wishes  expressed  cannot  be 
fulfilled  in 1975,  a fairly  detailed  summary  and 
description  of the  necessary  measures  would  have 
been  useful.  A start  must,  however,  be made  this 
year on  harmonizing  the  existing  legislation  to 
protect  working  mothers. 
III. COMMENTS  ON  THE  DIRECTIVE 
CHAPTER  VII 
Action  to be undertaken  at Community  level 
The Committee  approves  of many  of the Community 
level  measures  suggested  by the  Commission  and 
hopes  that  they  will  soon  be adopted. 1. The  Committee  finds  that  the Directive  is only 
one step  on  the  road  towards  solution  of the 
problems  outlined  in the memorandum.  It hopes  that 
further  concrete  steps  in line  with  the memorandum 
will be taken  as soon  as possible  and  that  family 
policy  measures  will  have  a prominent  place  in such 
action.  New  Directives  based  on the  Commission's 
proposals  and  the  suggestions  put  forward  by the 
Committee  should  be  produced  at the  earliest 
No C 286/18 Official  Journal  of the  European  Communities 15. 12. 75 
possible  date,  in order  that  the  goal  of  the 
memorandum  may  quickly  be  reached,  in the 
interests  of the women  of the Community. 
2. To  the  Committee's  regret,  the  same  ideology 
which  is apparent  in the memorandum  also  seems  to 
underline  the  explanatory  memorandum  to  the 
Directive.  When  the  Commission  speaks,  for 
example,  of a married  woman  'primarily'  having 
family  responsibilities,  this  calls  into  question 
women's  equal  freedom  of choice,  the  very  goal  of 
the Directive. 
The reference  to 'comparable'  general  education 
and 'comparable'  educational  and  vocational 
guidance  also  lends  support  to the  assumption  that 
the Commission  is not  aiming  to achieve  equality  of 
treatment. 
3. The  Committee  notes  that  it was  not  possible 
to deal  with  women's  difficulties  as regards  access  to 
employment,  vocational  training  and  promotion  in 
concrete  fashion  in the  Directive.  Discrimination 
exists  not  only  at the legal  level,  but  also  in general 
practices  as a result  of in-built  prejudices.  Since 
individual  measures  could  not  be  dealt  with  in 
concrete  fashion  in the  Directive,  the  Committee 
hopes  that  when  the  Directive  is adopted,  lists  will 
be given  to show  what  is meant  by elimination  of 
discrimination  and  what  positive  steps  can  be taken 
to improve  women's  opportunities  in respect  of 
employment,  vocational  training  and  promotion.  The 
Committee  would  make  the following  suggestions  in 
which  many  of the  Commission's  proposals  are 
incorporated: 
— recognition  of the right  to work, 
— non-discriminatory  labour  market, 
— prevention  of discrimination  in job advertisements 
differentiated  according  to sex, 
— special  grants  towards  cost  of training  women  for 
occupations  which  offer  optimum  job  security 
and promotion  opportunities, 
— provision  by  employers  of promotion  oppor-
tunities  for  women, 
— recruitment  of women  who  have  temporarily 
withdrawn  from  the labour  market, 
— greater  involvement  of women  in trade-union 
leadership  and  employers'  associations,  company management  and  at administrative  level  in central 
and local  government, 
— social  security:  equal  rights  in all areas  of social 
insurance;  to achieve  such  equality  it is necessary, 
inter  alia,  that  the  time  spent  bringing  up 
children  should  be  counted  as  contribution 
periods  for  statutory  retirement  pensions, 
independent  pension  rights, 
— change  in the definition  of 'head  of the family', 
— harmonization  of the  laws  to protect  working 
mothers, 
— statutory  maternity/paternity  leave, 
— family  planning:  bound  up with  the  question  of 
maternity  is need  for  men  and  women  to have 
unrestricted  access  to  free  family  planning 
information  and  services  and  the  statutory  right 
freely  and  independently  to decide  the  size  of 
their  families  and  the  intervals  between  births, 
— use  of the  Social  Fund  to finance  or part-finance 
child-care  facilities, 
— conditions  making  workers  better  able  to fulfil 
their  family  responsibilities: 
(a) part-time  work  for men  and  women 
(b) adoption  of flexible  and  variable  working 
hours  wherever  the work  organization  allows 
(c) as a matter  of priority,  shortening  of the 
working  day  and  the working  week  as part  of 
a planned  reduction  in working  hours, 
— studies  under  the  auspices  of the  European 
Foundations  on the problems  of working  women, 
— more  stringent  application  of  the  existing 
Directives  on elimination  of separate  wage  scales 
for men  and  women,  and  calculation  on the same 
basis  for  men  and  women  of  allowances, 
bonuses,  etc. payable  in addition  to wages. 
4. The  above  examples  also  reflect  the view  of the 
Committee  that,  in  addition  to  eliminating 
discrimination  in laws  and  due  to prejudices  in 
society,  it is necessary  to promote  and  harmonize 
laws  which  further  equality  of treatment  between 
men and  women  at work. 
15.12.  75 Official  Journal  of the  European  Communities No C 286/19 
IV. SPECIFIC  COMMENTS  ON  INDIVIDUAL 
ARTICLES  OF THE  DIRECTIVE 
The Committee  approves  the  proposal  for  a 
Directive  subject  to the observations  it has  made  on 
the memorandum  and  the  Directive  and  the 
comments  below  on  individual  Articles  of the 
Directive. 
The second  paragraph  on  page  6 of the  draft 
Directive  should  read:  'Whereas  social  security 
benefits  are still  all too often  determined  on the basis 
of criteria  which  vary  according  to the  sex  of the 
worker'. 
Article  1 (new) 
'This  Directive  is issued  in accordance  with  the 
Declaration  of Human  Rights,  which  lays  down  the 
right  to work,  the European  Social  Charter,  in which 
this right  is also  enshrined,  and  the constitutions  of 
most  EEC  countries  which  also  recognize  the right  to 
work.' Article  3 (previously  Article  2) 
Paragraph  (c) should  read: 
'review  of laws,  regulations  and  agreements  which 
were  drawn  up with  a view  to the  protection  of 
workers,  in order  to eliminate  protective  measures 
that can no longer  be justified.' 
Article  4 (previously  Article  3) 
This  Article  ought  to mention  that  syllabuses  must 
be the same  for both  sexes,  as access  to all spheres  of 
general  education  and  vocational  training  is not 
enough  if different  subject  matter  is taught. 
Article  8 (previously  Article  7) 
This  Article  should  state  that  the  burden  of proof 
must  lie with  the employer  if he takes  action  against 
a female  employee  and  she  considers  that  this  action 
is consequent  upon  a complaint,  etc. made  by her. 
Done  at Brussels,  25 September  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  amending  Regulations  (EEC)  No 
1408/71  and  (EEC)  No  574/72  and  relating  to the  standardization  of the  system  of 
paying  family  benefits  to workers,  the members  of whose  families  reside  in a Member 
State  other  than  the country  of employment 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 96 of 29 April  1975,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 21 April  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
European  Economic  Community.