No C 178/22 Official Journal of the European Communities 15.7.82 
Opinion on a new Community action programme on the promotion of equal opportunities 
for women in 1982-1985 
The text referred to the Committee has been published in Official Journal of the Euro­
pean Communities No C 22 of 29 January 1982, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 23 December 1981 the Council referred the abovementioned proposal to the 
Economic and Social Committee in accordance with Article 198 of the Treaty estab­
lishing the European Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
197th plenary session held in Brussels on 28 and 29 April 1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular 
Article 198 thereof, 
Having regard to the request made by the Council 
of the European Communities on 23 December 
1981 for an opinion on a new Community action 
programme on the promotion of equal opportunities 
for women 1982-1985, 
Having regard to the decision taken by its Bureau 
on 21 January 1982 instructing the Section for Social 
Questions to draw up an opinion and a report on 
the matter, 
Having regard to the opinion adopted by the above 
Section on 15 April 1982, 
Having regard to the oral report submitted by the 
rapporteur, Mrs Weber, 
Having regard to the discussions during its 197th 
plenary session, held on 28 and 29 April 1982, 
Whereas it has in the past considered the question 
of equal rights and treatment for men and women at 
work, and in particular has taken a stand on the 
Social Action Programme which was the subject of a 
Council resolution (C 13/1 of 12 February 1974) 
and on the three Directives adopted to date with res­
pect to implementation of equal treatment for men and women (*), whereas the Committee also 
delivered an own-initiative opinion in 1976 on the 
economic and social situation of the woman in the 
European Community (2); 
Whereas the European Communities must in future 
do all that is politically feasible both to obviate dis­
crimination against women and to abolish existing 
disadvantages and discrimination; 
Whereas the UN has declared 1975-1985 the Decade 
of Women and, at the World Women's Conference 
held in Copenhagen in July 1980, submitted an 
action programme for equal rights, development 
and peace; 
Whereas the European Parliament has set up a study 
committee on women's situation in the Community 
and the said committee is likewise concerned with 
aspects of the disadvantages suffered by women, 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. INTRODUCTION 
The Economic and Social Committee broadly wel­
comes the Commission communication to the 
(0 OJ No C 88, 26. 7. 1974; 
OJNoC286, 15. 12. 1975; 
OJNoC 180,28.7. 1977. 
(2) OJNoC 131, 12.6. 1976. 
15. 7. 82 Official Journal of the European Communities No C 178/23 
Council on a new Community action programme on 
the promotion of equal opportunities for women 
1982-1985 as this action-programme proposes prac­
tical measures in the areas in which discrimination 
against women is most pronounced. The Committee 
observes that the Community action programme 
comprises several components, including: a general, 
economic, social and historical introduction; a draft 
Council resolution accompanied by details of indi­
vidual actions (Annex I), proposals for positive act­
ion under Commission personnel policy (Annex II), 
a Commission Decision setting up an advisory com­
mittee on equal opportunities for women and men 
(Annex III) and a financial index (Annex IV). 
Though it has been consulted by the Council on the 
composite document, the Committee's comments 
and recommendations focus primarily on the draft 
Council resolution and the individual actions 
involved listed in Annex I. 
The Committee is aware that, ever since the Com­
munity came into being, the Commission has been 
exercised by the difficulties experienced by working 
women and has made vigorous attempts to promote 
equal treatment of men and women. 
The Committee too has in the past urged that men 
and women should be treated equally in respect of 
employment. In its opinion on the Commission 
communication to the Council concerning equality 
of treatment of men and women in matters of 
employment (OJ No C 286, 15. 12. 1975, p. 8), the 
Committee proposed a number of Community-level 
measures and stated clearly that equal opportunity 
must be a constant Community concern. It also 
stressed that discrimination was not restricted to the 
legal front but was a feature of everyday life as a 
result of ingrained prejudices. The Committee notes 
with interest the latest documents published by the 
European Centre for the Development of Voca­
tional Training on this subject, especially the conso­
lidated reports (ISBN-92-825-276 and ISBN-92-
825-248) on pilot projects in a number of Member 
States to train women for 'men's jobs'. 
The abovementioned opinion on equality of treat­
ment of men and women in matters of employment 
(OJ No C 286, 15. 12. 1975), called on the Commis­
sion to take account of the following matters, 
among others, in future proposals: — non-discriminatory labour market; 
— provision by employers of promotion opportuni­
ties for women; 
— greater involvement of women in trade union 
leadership, employers' associations and com­
pany management, at administrative level in 
central and local governments, and in family 
association and other bodies; 
— change in the definition of 'head of familiy'; 
— harmonization of the laws to protect working 
mothers; 
— statutory maternity/paternity leave; 
— conditions making it easier for workers to fulfil 
their family responsibilities: 
(a) part-time work for men and women; 
(b) adoption of flexible and variable working 
hours whatever work requirements permit; 
(c) as a matter of priority, introduction of a 
shorter working day and working week as 
part of a planned reduction in working hours. 
Further, in its own-initiative opinion on the econo­
mic and social situation of the woman in the Euro­
pean Community, issued in 1976 (OJ No C 131, 
12. 6. 1976), the Committee stated that 'women must 
be placed in a position where they can freely choose 
between gainful employment and work in the home, 
or can combine the two if they wish, and where they 
can fully exercise their economic, social and politi­
cal responsibilities'. This opinion contained a num­
ber of significant, precise recommendations, most of 
which (e.g. equal taxation and social security treat­
ment, better vocational guidance and improved 
basic and advanced training facilities for women) 
are embodied in the New Action Programme. 
Here mention should be made of previous attempts 
by the Commission, and particularly the European 
Parliament, to achieve much-needed harmonization 
of the rules protecting women during pregnancy and 
motherhood. Unfortunately a variety of problems 
and psychological prejudices prevented these moves 
from getting off the ground. 
In its opinion on the proposal for a Directive con­
cerning the progressive implementation of the prin­
ciple of equality of treatment for men and women in 
matters of social security (1977 — OJ No C 180, 
NoC 178/24 Official Journal of the European Communities 15.7.82 
28. 7. 1977), the Committee expressed regret that 
little or nothing had been done at national or Com­
munity level to secure equal treatment of men and 
women in the social security field. It also reiterated 
that equal treatment should be a constant Com­
munity concern. The Directive in question is con­
ceived as a first step rather than a blanket instru­
ment abolishing all differences in the treatment of 
men and women in social security matters. Further, 
many of the difficulties that impede implementation 
of equal treatment in this field are also rooted in the 
considerable financial problems being experienced 
by the Member States. However, it is unacceptable 
that spouses (particularly wives) should continue to 
sustain discrimination in respect of social security 
cover. Direct or indirect discrimination must also be 
avoided (for instance between wives and husbands) 
in connection with the allocation of social benefits. 
The Committee has pointed out in other opinions 
and studies (e.g. the study on the systems of educa­
tion and vocational training in the six founding 
member countries of the European Communities 
and the own-initiative opinion on main measures to 
be taken to help unemployed young people, women 
and elderly workers and women wishing to resume 
gainful employment (OJ No C 56, 7. 3. 1977) treat­
ment and equal opportunities for men and women 
in education and training, career prospects and 
working conditions are still not faits accomplis. 
2. GENERAL REMARKS 
The Committee feels that the Community must 
build on past achievements since the key to equal 
treatment ultimately lies in practical measures. Here 
it welcomes the establishment of the advisory com­
mittee on equal opportunities for women and men. 
However, it would stress that the most important 
aspect is to ascertain the views of the trade unions 
and employers' associations, with the result that 
consultation of the advisory committee can never be 
regarded as a substitute. 
The Community institutions must therefore expand 
their traditional consultation network by making 
every effort to step up discussion on women's ques­
tions with (a) trade unions and employers' organiza­
tions and (b) the national bodies responsible for such matters in the Member States. The Community 
should assist in setting up such bodies where they 
do not yet exist. 
However, as the Committee has reiterated in several 
previous opinions, administrative measures such as 
setting up an Advisory Committee are useful in end­
ing discrimination against women but a fundamen­
tal change in society's attitudes to sex roles is even 
more important. 
The Committee recognizes that the points made in 
the Introduction, particularly the section dealing 
with the economic and social context, are essentially 
an accurate reflection of the situation. It also 
observes that initial progress in achieving equal 
opportunities and equal treatment is now discerni­
ble as the existing Directives are put into practice in 
the Member States. However, a wide range of pre­
judices still have to be dispelled and major legal and 
practical hurdles overcome. 
The Committee observes that support for the prom­
otion of equal opportunities has gathered momen­
tum as a result of these efforts. In a number of 
Member States, for instance, pilot schemes are in 
progress to open up 'men's jobs' to women. The 
Committee also notes that in recent years women 
have been throwing their weight behind the govern­
ment drives to promote equal rights and the political 
response among the population at large has been 
noticeably greater in the Member States. Good 
examples here are the calls for national committees 
or other national bodies to be set up to root out dis­
crimination and promote and monitor implementa­
tion of equal opportunities and equal treatment for 
men and women. 
It is vital that the action programme be accompa­
nied by a precise schedule and endowed with ade­
quate funds. If the programme is to succeed, Com­
mission departments such as the Office for Ques­
tions concerning Employment and Equal Treatment 
for Women (DG V) and the Office for Information 
on Women's Organization and Press (DG X) must 
also be equipped with the requisite staff and exper­
tise. Although the Committee has not studied all the 
details of the proposals set out in the financial 
15.7.82 Official Journal of the European Communities NoC 178/25 
Annex (Annex IV) to the draft resolution, it wel­
comes the proposals in so far as they comply with 
the above conditions. 
The Committee notes with satisfaction that the other 
organizations which concern themselves with equal 
opportunities for women have become more active 
over the past two years. The conference organized 
by the Commission in Manchester in May 1980 and 
the European Parliament's resolution of 11 Febru­
ary 1981 consolidated the impact made by the UN 
International Women's Year. 
In this connection, the Committee welcomes the 
programme on equal rights and opportunities for 
women adopted in 1979 by the European Trade 
Union Confederation, in pursuance of its earlier 
efforts in this area. 
The Committee notes with pleasure that the Com­
mission is to submit an initial overview of the situa­
tion of women in employment to the Council by the 
end of 1985. Needless to say, this paper must also 
be forwarded to the Economic and Social Com­
mittee. 
3. SPECIFIC REMARKS 
Remarks on the draft resolution 
The Committee welcomes the draft Council resolu­
tion on a new Community action programme. It 
agrees with the Commission's finding that, despite 
past efforts at Community and national level, 
inequalities in employment still persist in practice 
and may well be exacerbated in the present crisis 
conditions. 
However, the Committee is disappointed that the 
proposed actions do not in all cases reflect the logi­
cal conclusions to be drawn from the above. For 
instance, it is regrettable that the proposal requires 
that the Council should merely undertake to support 
implementation of the recommended lines of action. 
The Committee feels that the Council should be 
urged to use its powers under Articles 100 and 235 
of the Treaty in order to instigate practical measures 
putting these lines of action into practice. It is also 
unfortunate that the Member States and both sides 
of industry are not reminded more forcefully of their 
duty to do their utmost to eliminate all forms of dis­crimination between the sexes and give women 
equal opportunities in employment. 
Further, on such a major issue as discrimination 
between the sexes, it is not enough just to require 
the Council to undertake to consider favourably the 
provision of the requisite financial resources. The 
Council should commit itself to making adequate 
funds available. 
The Committee regards the draft resolution and the 
16 actions described in the Appendix thereto as a 
composite whole. In addition to the above general 
comments and observations on the draft resolution, 
it therefore wished to state its views on the indivi­
dual actions. The Committee hopes that the Com­
mission will heed its recommendations when imple­
menting these actions. 
Remarks on Annex I - The individual actions 
A. THE ACHIEVEMENT OF EQUAL TREATMENT 
BY STRENGTHENING INDIVIDUAL 
RIGHTS 
Implementation of existing Community Directives on equal 
treatment for men and women 
Action 1. Monitoring of the application of Directives 
Though the Committee endorses the aim of this 
action and the reasons behind it, it feels that the pro­
posed measures should be amplified to make Mem­
ber States responsible for ensuring that, in undertak­
ings and authorities, matters of particular concern to 
women also receive attention from staff representa­
tive bodies. Further, staff representation should 
reflect the male/female ratio on the undertaking's 
workforce. In particular Member States should 
monitor and instigate on-the-job implementation of 
the Directives. 
The Committee firmly believes that constant moni­
toring is important in stamping out discrimination 
wherever it occurs. 
It categorically welcomes the Commission's plan to 
define the concept of 'indirect discrimination'. 
No C 178/26 Official Journal of the European Communities 15.7.82 
As employment is an area in which discrimination is 
widespread, it is vital to create or expand a network 
of contacts with trade unions and employers' asso­
ciations in the Member States for the purpose of 
exchanging information and experience. 
Action 2. Legal redress in respect of equal treatment 
The Committee recommends that the aim in ques­
tion be worded so as to make it clear that workers 
will be encouraged to avail themselves of means of 
redress by (a) introducing a general right of redress 
for all women who feel that they have been a victim 
of discrimination, (b) facilitating proceedings 
through providing assistance with legal representa­
tion (trade union and/or legal counsel) and (c) eas­
ing the burden of proof. A female worker who feels 
that she has been the victim of discrimination on the 
part of her hierarchical superior or employer must 
produce evidence to that effect. In turn the 
employer must prove that the measure concerned 
was not discriminatory. 
The Committee observes that the assertions made in 
the third sentence (grounds) are not applicable to all 
Member States. 
A new paragraph should be inserted after point 2 for 
the purpose of creating a deterrent by providing for 
payment of damages where discrimination is estab­
lished. 
Action 3. Revision of national and Community pro­
tective legislation 
The wording of the Grounds is sometimes obscure. 
The examples quoted are misleading. For instance, 
many jobs still involve lifting and carrying heavy 
loads without mechanical assistance. The Com­
mittee is adamant that the health of both men and 
women workers must be protected as effectively as 
possible. It fundamentally supports the Commis­
sion's declared intentions of standardizing indus­
trial safety regulations for men and women. Numer­
ous divergences will, however, be necessary because 
of constitutional differences between the sexes. 
Protective measures which are suspected of barring 
women from certain occupations should be care­
fully vetted so as to ascertain whether these safe­
guards could now be scrapped or whether the work­
ing conditions in questions still endanger women's 
health. If however men are similarly at risk but are exempt 
from protective rules and therefore given preference 
over women for these jobs, the industrial safety 
regulations currently applicable to women must be 
extended, wherever possible, to cover men too. 
Preparation of additional provisions and extension to new 
sectors 
Action 4. Equal treatment in matters of social 
security 
Though the Committee endorses the idea behind 
this action, it deplores the Commission's failure to 
propose practical measures designed to broaden the 
social security scheme, thus taking a further step 
along the path traced by the Directive on progres­
sive implementation of the principle of equality of 
employment for men and women in matters of 
social security. The Committee has noted the Com­
mission's intention of starting work on a draft legal 
instrument to cover sectors that either fall outside 
the scope of Directive 79/7 or qualify for exemp­
tion. Nonetheless, the Committee is anxious to 
know which sectors the Commission has in mind. It 
also trusts that the preliminary work will be backed 
up by practical measures. 
The Committee reiterates that the head-of-house-
hold concept should be scrapped in connection with 
social security or else defined in such clear terms 
that it can no longer be invoked for the purpose of 
direct or indirect discrimination against women. 
Action 5. Application of the principle of equal treat­
ment to self-employed women and to 
women in agriculture, particularly in fam­
ily enterprises 
The Committee emphasizes the need for such act­
ion, particularly for the purpose of protecting wives 
working full-time in family enterprises in agricul­
ture, crafts and small business. These women still 
have no status of their own. This is particularly 
deplorable afcs regards occupational accidents and 
social security cover. The concept of 'manager' 
should be amplified by that of 'co-manager'. Simi-
15. 7. 82 Official Journal of the European Communities No C 178/27 
larly, wives working in family enterprises should 
have the same social security cover as men now 
enjoy. 
Efforts must also be made to promote vocational 
training for women and to amend civil and commer­
cial law protection so as to allow, for instance, a 
married woman to carry on a business after her hus­
band's death if she so wishes. 
Action 6. Taxation and the employment of women 
The Committee approves the aim of this action and 
stresses that tax schemes must be revised with the 
particular aim of eliminating indirect adverse effects 
on the employment of married women. Further it 
considers that social justice requires that the taxa­
tion system be structured to ensure that all benefits 
in respect of children should be made to those who 
are making a special contribution to society by rear­
ing the children. Without going into the details of 
the various national and social security systems, the 
Committee feels that compensation for rearing chil­
dren should be achieved not via tax concessions, 
which generally benefit the father, but by paying 
benefits, such as children's allowances directly to 
the parent who is rearing the child. 
The Committee welcomes the proposed comparative 
analyses of taxation systems as well as relevant data 
and statistics on ways in which these systems affect 
women. 
Improvement of living and working conditions 
Action 7. Parental leave, leave for familiy reasons 
The Committee stresses the urgency of this action's 
aim. For greater clarity, it recommends that 'leave 
for family reasons' be reworded so as to make it 
clear that the measure in question covers special 
leave to enable an employee to attend to a relative 
in need of care which she or he has a specific duty 
to provide in most Member States, leave for special 
family circumstances (marriage, funeral of next-of-
kin, etc.) is already provided for in collective agree­
ments and therefore need not be listed under this 
heading. It must also be remembered that some Member 
States' marriage and family laws give spouses the 
opportunity to break away from traditional sex roles 
and distribute work differently. To obviate discrimi­
nation, men must also be able to take over house­
hold tasks. 
Lastly, the Committee is pleased to see that the 
Commission proposes to conduct a survey on exper­
ience gained in the Member States. It stresses the 
urgency of establishing, on the basis of this survey, 
Community guidelines for the definition of leave 
and the future shape of public facilities and services. 
Action 8. Protection of women during pregnancy or 
motherhood 
Though the Committee broadly approves this act­
ion, it advocates a fresh Community drive to har­
monize the Member States' laws on this matter 
along more enlightened lines (Article 117 of the 
EEC Treaty). Maternity protection should be 
funded by the public purse. 
B. ACHIEVEMENT OF EQUAL OPPORTUNITIES 
IN PRACTICE, PARTICULARLY BY MEANS 
OF POSITIVE ACTION PROGRAMMES 
Action 9. Development of positive action 
It is vital to develop positive action to promote 
equality of opportunity, as is already being done on 
an experimental basis in a number of Member 
States. The Committee welcomes the Commission's 
stated intention of conducting a critical analysis of 
measures already tried out in some Member States 
or in non-Community countries in order to review 
these measures and frame Community action 
regarding the type of measures to be developed, the 
resources to be mobilized and the conditions of eli­
gibility. It wishes to be informed of the findings of 
this analysis and to be consulted on the proposed 
measures. 
NoC 178/28 Official Journal of the European Communities 15. 7. 82 
Preparation for working life, initial and continuing educa­
tion 
Action 10. Integration into working life (in parti­
cular with respect to new technologies) 
The Committee considers this area of action particu­
larly urgent. Rising unemployment, coupled with 
the introduction of new technology, makes voca­
tional training for workers (particularly women 
workers) a matter of paramount importance. 
Action 11. Vocational choices 
The Committee agrees in principle with this action. 
Employment 
Action 12. Desegregation of employment 
The Committee attaches particular importance to 
this matter. The wording should make it clear that 
this action is concerned with giving women access 
to: (a) technical jobs and (b) posts with good pro­
motion prospects. 
After the paragraph concerning courses of action by 
the Member States, a passage should be inserted 
recommending that major undertakings and auth­
orities introduce special 'promotion schemes' to 
boost the integration of women and improve their 
career prospects. 
Action 13. Analysis of trends in female employment 
The Committee supports this action. It has no fur­
ther comment. 
Action 14. Application of the principle of equal 
treatment to women immigrants 
The Commission should not confine its study to the 
legal difficulties confronting women immigrants. It 
should also help to pinpoint difficulties due to cul­tural differences between the country of origin and 
the host country and how these can influence these 
women's chances of finding work. 
Improvement in the quality of life 
Action 15. Sharing of occupational, family and 
social responsibilities 
The Committee supports this action, especially from 
the angle of reconciling work and family duties 
more satisfactorily. This problem must be solved if 
women are to be able to hold their own on the 
labour market. 
The Committee endorses the measures proposed by 
the Commission. In its view, the introduction of 
shorter or flexible working hours in an undertaking 
or sector of employment is conducive to a more har­
monious distribution of occupational and family 
responsibilities. 
Action 16. Evolution in public attitudes 
The Committee supports this action. It has no fur­
ther comment. 
C. POSITIVE ACTION IN PERSONNEL POLICY 
OF THE COMMISSION 
The Committee applauds the Commission's avowed 
intention of acting in its own sphere as a model for 
others. However, it must exert this influence to per­
suade the other Community institutions (Economic 
and Social Committee, European Parliament, Coun­
cil of Ministers, etc.) to follow suit in ending discri­
mination against women and achieving genuine 
equality of opportunity. A blueprint to promote 
women's interests encompassing all Community 
institutions is a sine qua non in order to put an end 
to injustice in respect of recruitment, mobility, 
in-service training, career prospects and other mat­
ters. 
In particular the Committee urges that these princi­
ples be put into practice in its own Secretariat. 
Done at Brussels, 28 April 1982. 
The Chairman 
of the Economic and Social Committee 
Tom&s ROSEINGRAVE 
15. 7. 82 Official Journal of the European Communities No C 178/29 
APPENDIX 
to the opinion of the Economic and Social Committee 
Subsequent to the adoption of an amendment tabled during the discussions, the following passage of 
the Section's opinion was reworded: 
Page 13, last paragraph 
'The Section recommends that the aim in question be worded so as to make it clear that 
workers will be encouraged to avail themselves of means of redress by (a) introducting a 
general right of redress for all women who feel that they have been a victim of discrimina­
tion, (b) facilitating proceedings through providing assistance with legal representation 
(trade union and/or legal counsel) and (c) easing the burden of proof on the female 
worker, by requiring the employer to show that a given measure was not discriminatory, 
as claimed.' 
Voting 
Votes in favour: majority, abstentions: 14. / 
Subsequent to the adoption of an amendment tabled during the discussions, the following passage of 
the Section's opinion was deleted: 
Page 21, first paragraph 
'The Section fails to see how the setting-up of cooperative-type bodies can help put an 
end to segregation in employment.' 
Voting 
Votes in favour: majority.