COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.05.1998 
COM(1998) 302 final 
Equal Opportunities for Women 
and Men in the European Union 
Annual Report 1997 
(presented by the Commission) 

CONTENTS 
EXECUTIVE SUMMARY 1 
SECTION 1 MAINSTREAMING EQUAL OPPORTUNITIES 7 
SECTION 2 WOMEN AND MEN IN THE LABOUR MARKET 10 
SECTION3 UVING AND WORKING IN EUROPE-THE CARE AGENDA 13 
SECTION 4 PROMOTING A GENDER BALANCE IN DECISION-MAKING 15 
SECTION 5 EQUALITY RIGHTS-PROGRESS IN 1997 18 
SECTION 6 FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION 20 
d 
EXECUTIVE SUMMARY 
EXECUTIVE SUMMARY 
This Annual Report on Equal Opportunities 
for Women and Men in the European Union pre­
sents an overview of the main developments 
which have had an impact on equal opportunities 
at Community and at national level during 1997. 
While important issues arose across a range of 
areas, three developments deserve to be particu­
larly highlighted: 
• the Amsterdam Treaty was agreed with new 
powers relating to equal opportunities; 
0 the Member States joindy decided to put in 
place a new employment strategy, for immedi­
ate implementation, in which equal opportuni­
ties is an explicit and important component; 
• progress was made in integrating equal oppor­
tunities for women and men into other policy 
areas, building on the commitments as regards 
mainstreaming. 
Equal Opportunities 
in the Amsterdam Treaty 
1997 saw the adoption of the Amsterdam 
Treaty. In 1998 the process of ratification com­
mences. This Treaty has confirmed the impor­
tance of equal opportunities in the European 
integration project and has opened up new possi­
bilities for advancement. Equality between 
women and men has always been a founding 
principle of the successive Treaties and is con­
firmed as such in the new Article 2 of the new 
Treaty. Article 3 assigns to the Community the 
duty to eliminate inequalities and to promote 
equality in all its activities - this is the underpin­
ning that is needed to advance further on the 
mainstreaming strategy. 
New Article 13 will permit appropriate action 
to combat all discrimination, including discrimi­
nation based on sex and sexual orientation. 
Article 141 extends the scope of the former 
Article 119 and gives equality of treatment 
between women and men a specific legal base. 
This provision deals with key aspects relating to 
employment and occupation. It also confirms the 
- ,ght of Member States to take measures provi­
ng for specific advantages in order to make it 
cider for the under-represented sex to pursue a 
vocational activity or to prevent or compensate 
for disadvantages in professional careers.' The Commission considers that these aspects 
of the new Treaty are to be welcomed, particular­
ly because they raise the status of the principle of 
equal treatment and secure the basis for future 
initiatives on a number of fronts. 
New Employment Strategy 
In November 1997, there was agreement by 
Heads of States and Governments at the special 
Jobs Summit in Luxembourg to a new European 
employment strategy. The Summit recognised 
that the position of women on the labour market 
merits particular attention. 
It is partly by achieving a higher participation 
rate or women in the labour market that the 
European Union can contribute in a decisive 
marîër to the employment growth that it needs to 
secure its future, maintain its prosperity and 
social systems. The Jobs Summit recognised at 
the highest level that equality of opportunity is a 
matter of economic interest. 
The establishment of the new employment 
strategy means that progress on equal opportuni­
ties in the labour market will be scrutinised at the 
highest level every year from now on. 
Subsequently, in December 1997, the Council 
adopted employment guidelines for 1998. 
These guidelines set out targets and objectives 
in four areas: entrepreneurship, employability, 
adaptability in the labour force and workplace 
and equal opportunities. 
The Member States will submit action plans by 
April 1998 in which they detail the action they 
are taking to implement the guidelines. The 
European Council will carry out a first review in 
Cardiff in June 1998. A joint evaluation of the 
plans will be undertaken by the Commission and 
the Council for consideration at the Vienna 
Summit in December 1998 by the Heads of 
States and Governments. 
Mainstreaming 
Mainstreaming - the strategy of integrating the 
equal opportunity dimension into all major poli­
cy areas - saw significant progress during 1997. 
'Article 141 of the future EC Treaty incorporates and extends 
Article 6§3 of the Social Protocol. 
EXECUTIVE SUMMARY 
EQUALITY PROVISIONS IN THE AMSTERDAM TREATY 
Article F 
The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule 
of law, principles which are common to the Member States. 
Article 2 
The Community shall.. promote... a high level of Employment and social protection, equality between men and women, the 
raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States. 
Article 3 
In all activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality between 
women and men. 
Article 13 
...the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may 
take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability age or sex­
ual orientation. 
Article 137 
Wtth a view to achieving the objectives afArticle 117', the Community shall support and complement the activities of the 
Member States in the following fields: 
improvement in particular of the working environment to protect workers* health and safety; 
working conditions; 
the information and consultation of workers; 
the integration of persons excluded from the labour market, without prejudice to Article 127; 
equality between men and women with regard to labour market opportunities and treatment at work 
Article Hi 
/. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal 
value is applied. 
2, For the purpose of this Article, "pay" means the ordinary basic or minimum wage or salary and any other consideration, 
whether in cash or in kind, which the worker receives directly or indirectly in respect of his employment, from his employer. 
Equal pay without discrimination based on sex means: 
(a) that pay for the same work at piece rates shall be calculated en the basis of the same unit of measurement; 
(b) that pay for work at time rates shall be the same for the seme job, 
3 The Council, acting in accordance with Use procedure referred to in Article 25L and after consulting the Ecvmmic and 
Social Committee, shall adept measures to emure the application of the principle ofequal opportunities and squal treatment 
of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of 
equal value. 
4. Wnh a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment 
shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make 
it easier far the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in profes­
sional careen. 
* Article 117 incorporates Article 1 of the Agreement on Social Policy which was amended into the Treaty. It aims to promote employment and 
iinprove jiving and working conditions. 
EXECUTIVE SUMMARY 
The dearest and best example of mainstream-
ing is the placing of equal opportunities at the 
heart of employment strategy. 
Within the Commission, structures have been 
put in place to help ensure that equality can be 
taken into account in the framing of European 
Union policies generally. 
In 1997, 29 Commission services designated 
officials to hold specific responsibility for facili­
tating and encouraging the development of 
mainstreaming in their Directorates-General. 
These officials act as a support structure for the 
task in their respective services and they exchange 
ideas and experiences across services on a regular 
basis. 
The Structural Funds are the Unions main 
funding mechanism for the promotion of eco­
nomic and social cohesion. The Council, in its 
Resolution1 on the Structural Funds and equal 
opportunities for women and men adopted in 
1996, had argued that Structural Funds have an 
important role to play in supporting equal oppor­
tunities - a role that merited being strengthened. 
The Commission has taken this view very 
much into account in 1997 in its preparatory 
work leading to the tabling of proposals in 1998 
for reform of the Structural Funds. 
A strengthened commitment to the active pro­
motion of equality of opportunity across the 
entire range of the Structural Funds will be an 
important element of the mainstreaming strategy. 
In the context of the Community's develop­
ment co-operation policies, the Commission pre­
sented a proposal for a Council regulation on the 
integration of gender issues in development co­
operation. The proposal, currently discussed in 
the European Parliament and in the Council, 
aims at supporting the adoption of a gender-sen­
sitive approach in the conception and implemen­
tation of Community development policies as 
well as in their monitoring and evaluation. the logic of mainstreaming is brought to bear in 
ever widening field of policy areas. . 
Conclusion 
These are the principle strands in the develop­
ment of equal opportunities in the European 
Union during 1997. The importance in each case 
lies less in the concrete achievements or benefits 
delivered during 1997 and more in their poten­
tial for future developments. 
The real significance of 1997 will become 
dearer as the Union comes to implement the 
Amsterdam Treaty after ratification; as the year-
on-year employment process takes root; and as ' Council Resolution on mainstreaming equal opportunities 
for women and men into die European Structural Funds of 
2.12.1996, OJ C 386 of 20.12.1996. 
EXECUTIVE SUMMARY 
1998 EMPLOYMENT POLICIES 
FOUR PILLARS AND NINETEEN GUIDELINES 
Z. IMPROVING EMPLOYABILÎTY 
T-^kllag 7"OJ-tb unemployment and preventing long-term unemployment 
The fvïerr.bar States wil! ensure that: 
i. zvzr? 'jncrnpicyed young person is offered a new start before reaching six months of unemployment; 
2. unemployed adults are also offered a fresh start before reaching twelve months of unemployment. 
Transition from passive measures to active measures 
3. Each Member State will endeavour to increase significantly the number of persons benefiting from active measures 
to improve their employabiKty, and fix a target of gradually achieving the average of the three most successful 
Member States, and of at least 20%. 
Eacoiiragmg a partnership approach 
4. ilv- social partners are urged to conclude agreements with a view to increasing the possibilities for training, work 
experience, trajneeships or other measures likely to promote empioyabiKty. 
5. The Member States and the social partners will endeavour to develop possibilities for lifelong training. 
£asing the transition from school to work 
The Member States will: 
6. improve the quality of their school systems in order to reduce substantially the number of young people who drop 
out of the school system early; 
7. make sure they equip young people with greater ability to adapt to echnological and economic changes and with 
skills re'evam to îhe labour market, where appropriate hy implementing or developing apprenticeship training. 
II. DEVELOPING SNTREPRENEUESHÏP 
flailing h easier to start up and run businesses 
The Member Stares win; 
8. %wt particular attention; tx> reducing significantly rha overhead costs and administrative hardens for businesses, and 
especially omall and mcdîiun-sized cn&xprâes, in particular when hiring additional workers; 
9. encourage tb-s development of self-erapbyment by txaminutg, with «he aim of seducing, any cbst&dss which mzy 
exist, especially rhuss within tax and social secum-y regimes» to moving so selE>empbyrnetfw and the setting up of 
small businesses, in particular for employed persons. 
Exploiting the opportunities for job creation 
10. The Member States will investigate measures to exploit fully the possibilities offered by }cb creation at local level 
in the social economy and itr. new activities linked to needs not yet satisfied by the market, and arcamincwith the 
aim of reducing, any obstacles in the way of such measures. 
'•'••' Making the tastfâqn system mors employ aeat friendly 
The Member States will; 
11. set a target, If necessary, and taking account of te; prisant level, for gradually reducing the overall tax burden and, 
where appropriate, a target for gradually reducing die fiscal pressure on labour and nojvv/agc labour costs, in 
particular ort relatively unskilled and low-paid labour, 
JEXECUTIVE SUMMARY 
12. examine, without obligation, the advisability of reducing the rate of VAT on labour-intensive services not exposed 
to cross-border competition» 
III. ENCOURAGING ADAPTABILITY IN BUSINESSES 
AND THEIR EMPLOYEES 
Modernising work organisation 
13. The social partners are invited to negotiate, at the appropriate levels, in particular at sectoral and enterprise levels, 
agreements to modernise the organisation of work, including flexible working arrangements, with the aim of 
making undertakings, productive and competitive and achieving the required balance between flexibility and 
security. 
14. Each Member State will examine the possibility of incorporating in its law more adaptable types of contract, taking 
into account the fact that forms of employment are increasingly diverse. Those working under contracts of this 
kind should at the Same time enjoy adequate security and higher occupational status, compatible with the needs 
of business. 
Support adaptability in enterprises 
15. The Member States will re-examine the obstacles, in particular tax obstacles, to investment in human resources 
and possibly provide for tax or other incentives for the development of in-housc training; they will also examine 
any new regulations to make sure they will contribute to reducing barriers to employment and helping the labour 
market adapt to structural change in the economy. 
IV. STRENGTHENING THE POLICIES FOR EQUAL OPPORTUNITIES 
Tackling gender gaps 
16. The Member States w£! attempt to reduce the gap in unemployment rates between women and mm by actively 
supporting the mcreased employment of women and will cet to rc/erse the under-representaticn of women In 
certain economic sectors and occupations and their over-representation in others. 
Reconciling work snd lamiiy life • 
17. The Member States will stove to raise levels of care provision where some r*eeds are not met. 
Facilitatmg return t© work 
1B. The Member States will give specific attention to women, and men» considering a return eo tba pld workforce 
after an absence and, to that end, they will examine the means of gradually eliminating the obstacle in the way of 
such return. 
Promoting the Integration of people with disabilities into working life 
19. The Member States will give special attention to the problems people with disabilities may encounter m 
participating m working life. 
MAINSTREAM1NG EQUAL OPPORTUNITIES 
iTwmws 
The Commission has embarked on a main-
streaming policy with the aim of integrating the 
equal opportunity dimension into all major 
Community policies and actions. This commit­
ment was signalled by the adoption of a 
Communication4 in February 1996. A concept of 
mainstreaming was developed during the Fourth 
UN World Conference/' Mainstreaming 
demands a more comprehensive approach to 
equality. 
A change in attitudes is occurring in relation to 
the promotion of equal opportunities and the 
development cf a gender perspective in policies 
and programmes at the level of Member States, 
the European Union level, and in international 
fora and debates. 
***«w*w*w*3e»we**ewi'i^**«M9»^ 
The dm of die mainstreaming;:p6Îicy is to 
improve the^tjiiality^af policies;-andavoid 
unintended ^ n 2g^tIM;:;i: ^^poms^mces^ 
Monitoring • gender; tmmM§mf ;;ail;;-;ec$icies 
. mus" :ce '. de^^ed^ .ilir^ 
policies that "ace ^aœmo»!yl^^iarejd;::as 
Wrthin the Union, the significance of and 
meaning attributed to mainstreaming has varied 
from context to context. The ways in which it 
has been applied have depended on, amongst 
other factors, die level of development of equali­
ty policy in the different Member Stages and the 
level of knowledge and openness to change on 
the part of relevant actors. Despite considerable 
progress, a number of barriers and shortcomings 
are apparent. To overcome die barriers a number 
of measures are needed. These include awareness-
raising, large-scale training to develop the neces­
sary gender expertise, regular gender impact 
assessment of policies and gender proofing to 
guarantee the quality of legislative proposals and 
other policy documents. 
At European level 
In 1997, the existing smaauiss for the promo­
tion of equal opwiîimkias in the European Commission policies and activities, the Group of 
Commissioners on Equal Opportunities, the 
inter-service group on Equal Opportunities, and 
the sub-group on Equal Opportunities in the 
Structural Funds have been supplemented by a 
broad-bassd 'Group of gender mainstreaming 
officiais'. 
The mainstreaming strategy was also endorsed 
by a Resolution of the European Parliament'' 
on the rv. mmission Communication on 
Mainstreaming adopted in September 1997. The 
European Parliament calls on the Member States 
to implement a policy on mainstreaming in their 
local, regional, and national policies. 
A Guide to gender impact assessment7 of 
Commission policies and activities has been pro­
duced for this purpose. A first report on activities 
and measures to achieve the mainstreaming of 
equal opportunities has been in preparation 
throughout 1997." The report shows widespread 
Commitment at the very highest level is an 
essential criterion for success to set in place 
the mobilisation of the mainstream actors, 
the allocation of clear responsibilities and 
the application of tools and instruments, 
such as gende*1 impact assessment of 
policies, gender proofing procedures and 
monitoring and evaluation of progress. 
Mainstreaming is a complementary 
approach to «pccîfic measures of positive 
action, tii; inrertflon being to widen the 
scope and impact of equal, opportunities. 
This dual approach is essential ht success. 
As ri>.e number of rtiâinstreaming initiatives 
grow - in a rangs of organisations and 
sectors - and pecsnes'more complex, the 
dereanc for practical tools to improve 
effectiveness and measure .progress also 
increases. Monkciing gjen.de; differences iu 
becoming ctucirJ to assessing the 
effectiveness of policies. 
* COM(96) 67 final of 21.2.1996. 
' Fourth UN World Conference on Women, Beijing, Chins, 
4-15 September, 1995. 
' European Parliament Women's Righs Committee. Report 
on the Communication front the Commission • 
Incorporating equal opportunities for women and men into 
all Community policies and activities. Reporter Mrs Angels 
Kokkola, EP 222.553 of 17.9.1997. 
TThe 'Guide to Gender Impact A^c^mtnt' was screed is sn 
informai working document of the Commission services by 
the Group of gender mainstreaming Officials at their second 
meeting of 15 September 1997. 
•COM(98) 12?. final of 4.3.1998. Progress Report from the 
Commission on the follow-up of the Communication 
'Incorporating equal opportunities for women and men into 
all Community policies and activities'. 
£_ 7 
MAINSTREAMING EQUAL OPPORTUNITIES 
activities and a very marked progress over a short 
period of time. The Report will be published in 
1998. 
Some specific examples of Community policies 
include: 
Structural Funds 
The Structural Funds are the Unions primary 
instruments for the achievement of economic 
and social cohesion. Since the 1996 Report on 
Equal Opportunities for Women and Men in the 
European Union was published, many calls for 
projects and propositions have had the objective 
of, directly or indirectly - promoting equal 
opportunities and contributing to the labour 
market integration of women. These included: 
rural development' projects under Article 8 of the 
European Agricultural Guidance and Guarantee 
Fund (EAGGF), pilot projects also taken up 
under the EAGGF,10 pilot projects of interregional 
co-operation of the European Regional 
Development Fund (ERDF) ana support to local 
employment initiatives" under the European 
Social Fund(ESF). Interventions under the 
Community Initiative programme Urban12 
included actions in favour of equal opportunities. 
The most important Community initiative for 
the promotion of equal opportunities, the 
EMPLOYMENT-NOW (1995-1997)'3 initiative 
continues to encourage innovation and theme 
groups between projects have been established. 
Vertical and horizontal desegregation remain as 
priorities of the second phase (1997-1999). 
Assessments have been carried out to measure 
the impact of the Structural Funds on the pro­
motion of equal opportunities, for instance, in 
Finland, Ireland, Spain and Portugal. They show 
that equal opportunities is not sumciendy taken 
into account in the programming processes and 
in the evaluation of impacts. In the future it is 
proposed to build on lessons learned and to inte­
grate equality measures into the mainstream pro­
grammes of the Structural Funds. 
Reform of the Structural Funds has also been 
announced in the AGENDA 2000 
Communication.14 It should involve reinforcing 
the human resources and equality components in 
all of the objectives of the Structural Funds. A 
new system of Community initiatives is en­
visaged. 
Education and Training policies 
Respect for equal opportunities between 
women and men is provided for in the 
SOCRATES (education) and YOUTH FOR EUROPE (youth exchanges outside schools) pro­
grammes and also constitutes a specific objective 
in the LEONARDO DA VINCI programme 
(training) which provides for positive action mea­
sures in addition to mainstreaming. Equality was 
a cross-cutting, transversal issue for the European 
Year of Lifelong Learning and Training (1996), 
and the opportunities for positive action were 
stressed in all the implementation documents. 
The White Paper 'Teaching and Learning -
towards the learning society' states the impor­
tance of guidance on careers and courses and 
access to education and training, especially in 
technological sectors for women. More recently, 
the Report of the Commission on Access to 
Continuous Education in the Union'" analysed 
the measures undertaken by Member States in 
favour of women, especially women threatened 
with unemployment, unemployed women and 
women in the process of labour market integra­
tion. 
Social dialogue 
The reinforcement of the role of the social 
partners and the underpinning of the co-ordina­
tion and follow-up of key themes in employment 
policies are referred to in the draft Amsterdam 
Treaty. The integration of the Social Protocol into 
the Treaty itself is an important step forward. The 
consequences of all these changes are crucial for 
European citizens. They will open the way for 
improvements in the field of equal opportunities 
for women and men. 
The social partners' contribution to the pro­
motion of equal opportunities was highlighted in 
the 1996 Annual Report. In its Communication16 
on the development of the social dialogue, the 
Commission has underlined the importance of 
this contribution to social policy generally, but 
also at the level of sectoral policies. The Social 
Protocol has provided a model for European 
agreements reached by social partners on subjects 
direcdy or indirecdy linked to equal opportuni­
ties. In a number or cases, the intervention of the 
social partners has made it possible to include 
clauses relating to equal opportunities or to the 
•OJC 284 of 27.9.1997. 
'• OJ C 326 of 31.10.1996, OJ C 125 of 22.4.1997. OJ S 43 
of 1.3.1997. 
"OJC 323 of 29.10.1996. 
"OJC 38 of 10.2.1996. 
"OJC 327 of 29.12.1990. 
M For a stronger and wider Europe. COM(97) 2000 final. 
Supplement 5/97-Bull European Union. 
" COM(97) 180 final of 30.4.1997. 
'* COM(96) 448 final of 18.9.1996. 
8 
TŒAMING EQUAL OPPORTUNITIES 
reconciliation of work and family life in sectoral 
or local agreements. 
Hewlett-Packard Ltd at Boblingen in Germany 
provides an example of good practice. It operates 
a system of employee reinstatement following a 
break fcr family leave which goes beyond the 
legaî limits of parental leave. British Gas in the 
UK,17 has developed a range of provisions 
designed to assist employees with family 
responsibilities tc develop their skills and further 
their careers. The provisions are incorporated in a 
nation-wide agreement. 
Policies on external relations 
or external trade and development 
co-operation 
Gender analysis is being integrated in all 
planning procedures of the developing partner 
countries. This implies a shift away from women-
specific interventions to a consideration of 
gender in all development policies and projects. 
In relation to the co-operation with ACP 
countries, the Commission published a Green 
Paper on the ideas, concerns and methods for the 
period post Lomé' after 2000 in December 
1996. This paper and the subsequent 
Communication to the Council in December 
19971" contain important references to gender as 
a key issue for economic growth, social 
develpment and respect for human rights. The 
Lomé Convention has been the main form of 
development cooperation between the European 
Union and 70 African, Caribbean and Pacific 
States since 1975. 
Besides the assessment, through a detailed 
progress report in the form of a Commission staff 
working paper, of the implementation in 1996-
1997 of the 1995 Council Resolution on 
integrating gender issues in development co­
operation, the Commission has adopted in June 
1997 a proposal for a Council Regulation on this 
matter. Once adopted, this Regulation will 
provide the legal framework for the management 
of Community financial assistance and provision 
of technical expertise to support the 
mainstreaming of the gender perspective in all 
the Community's development co-operation 
policies and interventions. 
The Communication of the Council 'The 
Trading System and Internationnaly Recognised 
Labout Standards'" places equal opportunities 
among core standards to be supported. MAINSTREAMING 
IN THE MEMBER STATES 
A number of Member States have attemp­
ted to introduce a mainstreaming approach 
to high levels of decision-making. 
In Sweden, the Minister of Labour is enti-
ded to scrutinise proposals with a view to 
incorporating a gender perspective into all 
policies. 
In Spain, the governing council of the 
Instituto de la Mujer has been enlarged to 
include a wider field of activities. 
Collaboration between the Instituto de la 
Mujer, and the Instituto Nacional de 
Empleo has resulted in the inclusion of 
equal opportunities in training for officials 
carrying out the Plan for Integrated 
Employment Services. 
The Federal Ministry of Women's Affairs in 
Germany has developed a gender perspec­
tive which takes die form of a right to 
examine proposed legislation at an early 
stage. 
In the Netherlands, selected policy plans 
from the Ministry of Education, Culture 
and Science and proposed legislation from 
the Ministry of Foreign Affairs and the 
Ministry of Justice are considered for their 
gender impact. A specific procedure has 
been developed to assess the gender effects 
of policies. 
In Greece, the General Secretariat for 
Equality has been reorganised with the aim 
of strengthening its communications with 
government departments, regional equality 
offices and NGOs. 
" Cited in 'Equal Opportunities and Collective Bargaining in 
Europe', Vol. 1, Luxembourg: Office for Official 
Publications of die European Communities. 
» COM(95) 423 final of 18.9.1995. 
" COM(96) 402/4. 
9 
WOMEN AND MEN IN THE LABOUR MARKET 
SECTION 2 
WOMEN AND MEN 
IN THE LABOUR 
MARKET 
The Guidelines for employment 
policies in 1998: a step forward 
for promoting equality 
The situation of employment in Europe led the 
European Council to agree a new chapter on 
employment in the Treaty. The Guidelines pro­
posed by the Commission provided a framework 
for discussion at the extraordinary European 
Council on employment in Luxembourg in 
November 1997. The Guidelines were adopted 
by a Resolution of the Council on 15 December 
1997. This was a crucial step forward in inserting 
the equality dimension at the heart of employ­
ment policy. Equality is now one of the priorities 
which should underpin national employment 
policies. In the multi-annual programmes of the 
Member States under the Essen process, prede­
cessor to the new employment strategy, policies 
to promote equality between women and men on 
the labour market have not been strongly visible 
to date. 
An equality gap remains in the labour market. 
The unemployment rate of women in the European Union is higher than that of men (12 
per cent as compared with 9 per cent). 
Statistics on the structure of earnings in the 15 
Member States were gathered during 1997 and 
are currently being studied by Eurostat. First 
results of analysis of the data for Spain, France, 
Sweden and the UK reveal a continuing gender 
difference in earnings between women and men; 
a pattern likely to be observed throughout the 
Member States. 
Average hours of work have fallen in Europe. 
This is particularly true in the case of women in 
employment. An increasing proportion of 
women are working part time or encaged in 
weekend, morning or evening work. Although 
there has been an increase in the number of 
women and men at work, the growth in the 
employment rate has not been matched by a 
growth in the volume of working time (labour 
input). 
New policies to desegregate the labour market 
are needed which bear on both supply and 
demand factors. Activities to promote labour 
market desegregation often consist of isolated 
and dispersed actions without a programmatic 
framework and which fail to achieve a substantial 
impact. 
Some of these issues are being addressed in the 
EMPLOYMENT-NOW initiative. The second 
phase priorities (1997-1999) include tackling 
vertical desegregation, by training women for 
senior management, and horizontal desegrega­
tion in non-traditional sectors of employment. 
For example, computer maintenance jobs are 
associated with technical work and have a male 
UNEMPLOYMENT RATES OF WOMEN AND MEN (15-64YEARS) 
IN THE EUROPEAN UNION, 1996 (%) 
100 
80 WOMEN 
MEN 
60 
40 
20 
B DK D GR 
SOURCE: EUROSTAT IRL I NL 
10 
WOMEN AND MEN IN THE LABOUR MARKET 
image. A training association in Paris, supported 
by NOW. has developed a technician training 
programme with a mainstreaming strategy. This 
team, based on an action-research study, will try 
to raise the awareness of employment and gui­
dance counsellors of the wide range of occupations 
in new technologies for both women and men. 
New organisation of work 
The employment guidelines refer to policies on 
career breaks, parental leave and part-time work 
as being of particular importance to women and 
men. 
Progress in women's employment has often 
been linked with the development of part-time 
work. This development presents both opportu-
ln a dynamic and expanding labour market, 
new gender gaps and gender discrimination 
are appearing. The Commission, with its 
partners, will build on efforts already 
undertaken to improve contractual status 
and to enhance protection of so-called 
'non-standard employment'. There is a risk 
that women's employment is further con­
centrated in sectors where they may be 
over-represented (sectors such as household 
services or personal care), thus reinforcing 
sex segregation in the labour market. This 
development makes essential the formula­
tion of a policy on equal opportunities in 
these sectors. nities and risks. On the one hand, part-time 
employment is very often associated with low 
professional status, lack of job security and lower 
pay than that earned by full-time workers what­
ever their status. 
On the other hand, development of part-time 
work may offer new opportunities. In many 
cases, they make it possible for women to return 
to the workforce after a prolonged absence; in 
others, part-time employment can be an effective 
way of combining work with family life. 
Member States, such as the Netherlands and 
Belgium, encourage flexibility while trying to 
ensure all social rights of part-time workers. 
The Commission has examined these issues in 
its Green Paper 'Partnership for a new 
organisation of work,'20 and is currently assessing 
the reactions of interested parties with a view to 
establishing how best to modernise the legal, 
contractual and policy framework. Breaking 
down traditional gender roles is an important 
aspect of the task. 
In parallel, in its Communication, 
'Modernising and Improving Social Protection in 
the European Union,'21 the Commission empha­
sises the importance of adapting social protection 
so that it supports and encourages employment, 
in particular, by maintaining a balance between 
flexibility and security. 
10 COM(97) 128 final of 16.4.1997. 
21 COM(97) 102 final of 12.3.1997. 
PART-TIME EMPLOYMENT OF WOMEN AND MEN AS A SHARE OF TOTAL EMPLOYMENT 
IN THE EUROPEAN UNION AND IN ICELAND AND NORWAY (%), 1996 
100 
WOMEN 
MEN 
80 
60 
40 
20 
jJiJjJ 0 J.._J 
B DK D GR E F IRL I L NL A 
SOURCE: EUROSTAT, STATISTICS IN Focus N"8, 1997. 
NOTE: D - LFS 1995, N - 1995, IS = 1995. J 
P FIN S UK EU IS N 
// 
WOMEN AND MEN IN THE LABOUR MARKET 
This is particularly relevant for part-time 
workers. 
In April 1996, the Commission issued a formal 
consultation paper on 'flexibility, working time 
and security for employees', which focused on the 
need to ensure the principle of non-discrimina­
tion for workers involved in newer flexible forms 
of work. Women account for a significant pro­
portion of workers involved in such forms of 
non-standard' employment. In response to this 
consultation, the European social partner organi­
sations (UNICE, CEEP and ETUC) announced 
their intention to start negotiations on this sub­
ject, concentrating initially on part-time work. 
Thus, in May 1997, the social partners 
reached an agreement on this aspect of the issue. 
This framework agreement on part-time work 
recognises the necessity to put an end to discrimi­
nation against part-time workers and to improve 
their working conditions, while making the 
development of part-time work easier. The 
Council adopted a Directive 97/8122 in Decem­
ber 1997 which embodies this agreement 
in law.23 
The adoption of this Directive is a recognition 
that part-time work is an increasingly important 
element in the labour market. It is of enormous 
importance for equal opportunities given that 83 
per cent of part-time workers are women. The 
Directive aims at underpinning the ability of 
women and men to exercise a degree of choice 
over their hours of work, choosing to work part-
time, for example, when family circumstances 
demand or during the run-up to retirement. 
The Commissions consultation document also 
raised questions concerning temporary and fixed-
term contract work. As a next step, UNICE, 
CEEP and ETUC have indicated to the 
Commission that they are prepared to negotiate 
on the subject of fixed-term contract to supple­
ment the earlier agreement on part-time work. 
SMEs Women and enterprises 
In the Resolution on Growth and Employment 
adopted at Amsterdam in July 1997, the 
European Council emphasised that special atten­
tion should be paid to the potential for small and 
medium sized companies to create jobs. 
New sectors are appearing with a strong 
potential for job creation, and the Guidelines for 
1998 Employment policies underline that all 
possible sources of jobs and new 
technologies and innovations must be 
exploited effectively. New sources of jobs are 
orten in the services and the care sector, where women have the greatest opportunities to enter 
or return to the labour market. The use of new 
technologies provide new possibilités to women, 
for example, in rural areas. 
Women are less likely than men to create busi­
nesses24 and when they do, the companies tend to 
be small. Women encounter a range of problems, 
especially when it comes to securing finance. 
These issues were raised in the programme of the 
Third European Conference of Craft and Small 
Businesses held in Milan in November 1997. The 
third multi-annual programme concerning enter­
prise policy and especially small and medium 
sized companies (1997-2000) explicitly referred 
to women entrepreneurs in its call for proposals." 
The 1996 Report of the European Observatory 
for SMEs26 includes a chapter on women in 
SMEs. It underlines the role played by women in 
SMEs and analyses the specific difficulties 
encountered by women entrepreneurs. The cxpe 
rience acquired through the EMPLOYMENT-
NOW initiative (half of the projects concern cre­
ation of enterprises by women) will help the 
Commission to develop further actions in diis 
field. 
Several Member States have taken steps to deal 
with these difficulties: in Finland and Sweden, 
for example, women entrepreneurs are supported 
with a special entrepreneur's loan. Portugal 
provides specific support, technical assistance 
structure and a network of national and 
international co-operation. 
The development of women's entreprencurship 
will be an important component of the employ­
ment process and of the new Objective 3 of the 
Structural Funds. 
During 199727 the Commission organised 
round table discussions which brought to light 
the need to increase the visibility and recognition 
of assisting spouses. The discussions were atten­
ded by MEPs, representative organisations and 
experts. They highlighted the need to develop 
M Council Directive of 15.12.1997. OJ L 14 of 20.1.1998, 
p.9. 
u A draft Directive extending the scope to the UK will be pro­
posed in 1998. (Legal base: An. 100). 
* Preparatory documents for the OECD conference "Women, 
entrepreneurs in small §£ medium enterprises, a major force 
in innovation and job creation", Paris, 16-18 avril 1997. 
u Cal! for proposals: Assistants tc craft companies and smsil 
enterprises, OJ C 117 of 15.4.1997. 
M European Observatory for SMEs, Fourth Annual Report, 
July 1996. 
wThe fust was held or» 7 February 1997, the second on 23 
and 24 June 1997. 
12 
LMNG AND WORKING IN EUROPE - THE C\R£ AGENDA 
training programmes corresponding to actual 
needs and to improve the representation of assis­
ting spouses. This is an important dimension of 
the general policy issue around setting up small 
family businesses and the move from employ­
ment to self-employment of family members. 
In the light of the conclusions drawn, the 
Commission will propose a number of actions. SECTION 3 
LIVING AND 
WORKING IN EUROPE 
- THE CARE AGENDA 
Individualisation of rights 
The individualisation of rights in relation to 
social security is potentially an important issue 
from an equal opportunities perspective. No 
Member State has a completely individualised 
system of social security. They all relate - at least 
in some respects - social protection and tax assess­
ment to the specific famiiy situation, by giving 
so-called derived rights. 
With regard to pensions, for example, the 
impact of dependant adult supplements and 
household rate pensions is considerable, 
particularly in Belgium and Ireland. Survivors 
and orphans pensions exjst in all Member States, 
except in Belgium (orphans pension). Denmark, 
Finland, Spain and Sweden have systems which 
are not individualised but take less account of 
different household situations, although 
survivors pensions exist. At the other end of the 
scale, there are systems, as in France and Belgium, 
where the different household situations are very 
much taken into account.28 
The Commission has financed a study on the 
individualisation of social security rights and the 
possible alternatives in order to adapt social 
protection to changes in working life and in 
family structure and has also subsidised a 
seminar2* on individualisation of rights in 
October 1997, which afforded Member States 
experts an opportunity to examine in greater 
depth what moving towards individualised rights 
might mean. More work is planned in that area. 
Adapting social protection to changing needs will 
be one of the themes for analysis, debates and 
action among the Member States, the European 
institutions, the social partners, within the social 
dialogue and at the 1998 European Social Policy 
Forum. The issue of reconciling work with household30 
life is at the centre of major social change, 
namely, changes in the organisation of work, in 
demographic patterns, in the restructuring of 
social protection, in attitudes towards social and 
economic dependency, in the distribution of 
caring work between women and men, and in the 
provision of services between the public and 
private sectors. A care agenda has appeared in 
Europe, wider than the debate about childcarc. It 
concerns the future of the family, the care of the 
elderly and infirm and the role of men in 
contributing to care work. 
Across Europe the following trends 
are present: 
• Demand for early childhood services. The pro­
portion of children aged three years old in nur­
sery schools is over 90 per cent in Belgium, 
France, and Italy.31 
• Data in the European Union indicates that 10 
per cent of households33 are composed of just 
one person. The upward trend towards the for­
mation of single person households presents 
new challenges for the provision of services. 
• With the ageing of the population, new needs 
are appearing. The burden of caring for the 
elderly predominantly carried out by women, 
is now added to their responsibilities for child-
care. The European Community Household 
Panel Survey shows that, in 1994,9 per cent of 
women working for at least 30 hours z week 
undertake up to 4 hours per day of work caring 
" DULBEA, Individualisation of Social and Fiscal Rights and 
zqual Opportunities between Women and Men, UL3, 
Brussels, 1997. 
35 Individualisation of rights, social security and equality 
between women and mer;, Commission, Univeraiîy of 
Nanterre, 9-11 October 1997. 
x À orivate household is one where one, two or more persons 
share a common dwelling. 
*' Eurydice Unit, European Coramiiaba. 
H Euraseat, Population and Social Conditions, 1996, N* 5. 
13 
LIVING AND WORKING IN EUROPE THE CARE AGENDA 
for a dependent person after they leave their 
job.'3 
The Commission has responded by supporting 
projects, studies, networking, co-ordinating dis­
cussions and inviting consultation on these large-
scale trends and changes.* 
Through, for example, the Medium Term 
Community Action Programme on Equal 
Opportunities for Women and Men (1996-
2000), a project has been launched in Siena,35 
Italy, by the amministrazione provinciale. A 
broad partnership of regional and local 
authorities, trade unions and NGOs, is 
promoting a method for analysing the personal 
service sector and its contribution to the 
combining of working and family life. 
The EMPLOYMENT-NOW initiative has 
developed programmes combining training and 
care, and the Structural Funds have, in several 
cases, undertaken care provisions to facilitate 
training and returning to work. 
In the 1998 Employment Guidelines the 
Council considers reconciling work and family 
life and facilitating return to work after an 
absence (often for the education of young chil­
dren) as a key issue to developing employment in 
Europe. Member States are invited to strive to 
raise the level of care provision. 
The Commission groups of experts 'Gender 
and employment' and 'Equality rights' are jointly 
making an inventor)' of the provisions of care for 
children and all dependent persons in the 15 
Member States, Iceland and Norway. They are 
also assessing the impact of the availability and 
the lack of care services on women's employment. 
This work will be fed into a meeting of European 
Ministers responsible for equal opportunities to 
be held under the UK Presidency in Belfast in 
May 1998. 
Recent legal developments are outlined below. 
Parental Leave 
The Council Directive 96/34/EC of 3 June 
1996"' on parental leave allows for the minimum 
provision of three months (unpaid) leave for both 
male and female employees on the birth or adop­
tion of a child, to be taken at any time before the 
child reaches the age of eight. 
The Directive was adopted under the Social 
Protocol and initially applied to only 14 of the 
Member States. Following the agreement in 
Amsterdam to end the UK opt-cut to the social 
protocol, a draft Directive extending parental leave to the UK was adopted by the Council on 
15 December 1997. 
The Directive on Parental Leave is an impor­
tant element of the series of integrated and com­
plementary measures needed to meet the obiec 
tive of reconciling work and household life. 
During 1997, the Commission reviewed studies 
and measures being implemented in the 15 
Member States. 
Evidence from the Commissions own moni­
toring during 1997 and the OECD (1995)" con­
firms that there are considerable methodological 
problems in assessing the proportion of women 
and men who are taking advantage of parental 
leave entitlements across the Member Slates. 
Nevertheless, existing trends show parental 
leave is primarily used by women. In Denmark, 
where there is a tradition of parental leave, 90 per 
cent of beneficiaries are women.'*1 
Pregnancy and maternity 
The Council Directive on pregnant workers 
92/85w adopted in 1992 under Article 118a 
establishes a framework for the introduction of 
measures to encourage improvements in the safe­
ty and health at work of pregnant workers and 
workers who have recently given birth or who arc 
breastfeeding. Article 14 (4) of the Directive pro 
vides for Member States to report to the 
Commission on the practical implementation ot 
the Directive, including the views of both sides ot 
industry. On the basis of the information pro­
vided, the Commission is currently preparing this 
report. 
As foreseen in Article 3 of the Directive, the 
Commission continued preparing a guidance 
document on the assessment of the chemical, 
physical and biological agents and industrial 
processes considered hazardous for the safety or 
health of these workers. The Commission has 
been assisted in this task by the Advisory 
Committee on Safety, Hygiene and Health pro­
tection at work, and the final text will be drawn 
u Kurosrat, Statistics in Focus, 1997, No. 5. 
•"Demographic Report, COM(97) 361 final ot 9,/.|')')7; 
Modernising ami Improving Social Protection in the 
European Union, COM(97) 102 final of UJ.IW/; 
Partnership lor a New Organisation of Work, COM{97) 
128. 
"Project Labour 'learn, Amministta/.ionc Pruvimiair di 
Siena, Italy. 
*OJ I. 145 of 19.6.1996, p.4. 
,7 OECD, Employment Outlook, Paris, July 1995. 
w Communication from Ligesritlhigsradet, Denmark, i997 
"OJ L 348 of 28.11.1992, p. 1. 
14 
•_ Member Scares in ih. 
'L<$tt&£&re 
IK February 1998, the Commission adopted a 
report on the implementation of the 1992 
Council Recommendation on childcare.40 The 
Report was prepared subsequent to analysis du­
ring 1997 of Member States responses to a 
Commission questionnaire. The report reaf­
firmed the central role of childcare provisions in 
reconciling work and family life across the 
European Union. The success of the 
Recommendation has been to stimulate debate 
on the care issue. The role of the workplace in 
ensuring family-friendly policies has come to the 
fore during the years following the 
Recommendation, as has the role of private 
organisations. The position of family day-care 
(childminding) figures less frequendy in replies of 
the Member States. 
The 1998 employment guidelines state that 
there must be adequate provision of good quality 
care for children and other dependants in order 
to support women's and men's entry and 
continued participation in the labour market. 
Establishing a framework for the diversity of 
policies to respond to the demands of both 
childcare and dependent care will be part of the 
care agenda of the future. The Commission will 
support the Member States in this regard and will 
monitor progress made during 1998 in order to 
prepare 1999 guidelines. 
Other initiatives 
Almost all Member States have embarked on 
one or more initiatives designed to explore or 
promote the harmonisation of work and family 
life during 1997.4' 
An overview of these measures shows the con­
siderable heterogeneity of approach. 
Belgium, Spain, Portugal and France have 
supported studies on parental leave or on the 
ideas implied by reconciliation. Italy and Austria 
have tried to raise awareness through conferences, 
or publicity campaigns to encourage reflection on 
the division of care work within couples. A 
number of Member States have drafted proposals 
(Italy) or amended their legislation to increase the 
scope (Denmark) or the insurance value 
(Germany) of maternity and parental leave. 
Employers and Trade Unions are involved m 
the development of innovative measures in Diversify ,, -•; ~\±!iA. or:. »„ .;•"• '}..;. gt-vvr, h -LS 
rer-ei't thîîdcare pro;h~.•'.-n ht ûv: Merr.-r... 
Stares. In sevcrr! r.-j.,s.nr.«v Starter. cjv.:r*tzy 
means a rrxige of services to mua* etc dif­
ferent: working patterns of patents and the 
needs of non-employed parents. For other 
Member States, the $<z&i>dk for diversity has 
been reflected in developing îypes of child­
care which match the diffèrent needs of 
children and respond to their development 
at difrerem ages, 
Ireland and the UK. Portugal has been conduc­
ting an enquiry into the situation of workers who 
are also caring for an elderly person in their 
home. 
Austria, the Netherlands, Denmark and 
Finland have widened the scope of existing 
campaigns to include men in measures for better 
combining work and family life, or are 
monitoring men's readiness to use leave schemes 
and other social provisions. 
SECTION 4 
PROMOTING 
A GENDER BALANCE 
IN DECISION-MAKING 
Over the last two decades, a visible trend has 
been emerging which extends the focus of equal 
opportunities beyond the labour market. Crucial 
to this development has been the recognition that 
women's under-representation in decision-ma* 
king positions presents a formidable barrier for the 
democratic development of the European Union, 
its cohesion and its global competitiveness. 
Women are widely under-represented in deci­
sion-making positions including those in the 
political sphere. The situation has significantly 
improved since recent (1997) elections that took 
place in several Member States of the European 
* COM(98) of 4.2.1998. 
15 £m«cted from Advisory Committee qucstioniuire replies 
1997. 
15 
*.ap»*«T*iwt*?'<i *--f*«ep**i*mfrtH***e.fym&B ^'WWWStafcS 
PROMOTING A GENDER BALANCE IN DECISION-MAKING 
Union; however, the gap remains substantial. The 
various strategies to reach a critical mass of 
women in decision-making posts were described 
in the 1996 Annual Report. The visible and 
strategic presence of women in the public sphere, 
including the political sphere, is a precondition 
for their promotion and rise to decision-making 
posts in other spheres. 
The participation of women in national parlia­
ments in the European Union increased overall 
by 2.3 percentage points between the reference 
dates of 1996 and 1997 (from 14.8 to 17.1 per 
cent). 
Recent elections have brought some 
improvement in relation to the number of 
women in political decision-making. A 
Eurobarometer survey42 found an increasing 
willingness among Europeans to accept the 
idea of women rising to posts of political 
responsibility. Despite this trend, women 
remain proportionally better represented in 
government posts than in assemblies elec­
ted by direct ballot. They also fare better 
when elections are by proportional ballot. 
The positive value of integrating women 
into elected positions has still to be fully 
recognised. 
The representation of women in government is 
frequently higher than their share in their respec­
tive national assemblies. Between 1996 and 
1997, women's share in governmental posts rose by 2.5 percentage points (from 16.tS to 19.3 po 
cent). 
Women's participation at a regional level is 
much higher than it is at national level, in 1997 
women's participation was 23.2 per cent in the 
regional governments. Between 1996 and 1997, 
it rose from 25.1 to 26.6 in regional parliaments. 
The Council Recommendation on the 
Balanced Participation of Women and Men in 
Decision-Making43 expresses the need for 
integrated action in order to address the gender 
imbalance in decision-making in the European 
Union. As such, it complements initiatives that 
have been taken at international and national 
levels. 
It calls on Member States to develop an inte­
grated strategy to promote a balanced participa­
tion of women and men in decision-making 
authorities. During 1999, the Commission will 
prepare a first report on the implementation of 
the 1996 Council Recommendation for the three 
year period since its adoption. 
The Committee on Women's Rights in the' 
European Parliament produced two significant 
reports on women in decision-making positions. 
The first report44 set out a clear analysis of the 
1 Européennes, Européens: A dunces égaies? Eurob.uomcR"' 
44.3 Opinion Poll. March-April ll>%. 1')% Repot t. 
1 Oj L 319 of 10.12.10%, p.U. 
' European Parliament Women's Rights Committee, sub-
mimed by Jessica Uirive EP, 20S.6W>/fui. lv>v>-4. 
IftimdftméN OF'woMâfcAi Tdt NAÇÙHIAI mmMfàNmN'tÊ&jQ^ 
MEMBER ST«|p&, IWÎHE EUROPE At* PARU ÀMËNT Alfe K^L/^i^^v';*\^fcr,x'':V.V 
NORVW AN#tl£CH¥£NST£M (%) 199$ AND 1997 '.'*'. '-;!' J*'-:-*'•"?* '^'% 
lOO 
80 51996 
1997 
60 
40 
20 
M 
B DK* D GR E F IRL I L NL A P FINS** UK EU15 EP FL IS N 
SOURCE: DATA FOR 1996 FROM THE EUROPEAN EXPERTS NETWORK IN DECISION-MAKING. DATA FOR 1997 
FROM FRAUENCOMPUTERZENTRUM BERLIN. NOTE: * EXCLUDES 4 MEMBERS ELECTED IN GREENLAND AND 
FAROE ISLANDS. ** PARLIAMENT INCLUDES 15 SUBSTITUTES FOR MINISTERS. 
16 
PROMOTING A GENDER BALANCE IN DECISION-MAKING 
barriers to decision-making as well as proposing 
specific measures which help raise both the quan­
tity and quality of women's representation in 
decision-making. The second report45 called for 
an integrated strategy to improve women's repre­
sentation in decision-making. 
The Committee of the Regions46 stressed the 
importance of the shift in public discussion 
regarding women in decision-making asserting 
that there is increasing support for the aim of 
achieving a balanced participation of women and 
men in the nominations of representatives in the 
Committee by the Member States. 
The Commission, for its part, provided 
Member States and other concerned bodies with 
a practical tool for the promotion of a better 
gender balance. The guide 'How to Create a 
Gender Balance in Political Decision-Making',47 
published in 1997, provides a means to put 
political will into action with a view to 
empowering women by way of suggesting 
concrete strategies and policies. The guide offers 
specific recommendations to governments, 
political parties and women's organisations for 
increasing the number of women in political 
decision-making. 
The Commission also supported research on 
women's participation in areas that do not neces­
sarily belong to the political sphere, namely in the 
areas of health, justice, finance and education41. 
In addition, it conducted a comprehensive study 
that mapped and assessed the research that had 
been done on women in political, economic and 
social decision-making in the 15 European 
Union countries, Norway and the institutions of 
the European Union49. The results of these 
empirically-oriented studies provided the basis 
for transposing the political commitments made 
by the Member States of the European Union in 
the Beijing Platform for Action, the Council 
Recommendation and the 1996 Charter of Rome 
into effective strategies for the promodon of a 
better gender balance. 
The Commission launched a Third Action 
Programme for Equal Opportunities for Women 
and Men among its own personnel (1997-
2000).w This programme sets out an integrated 
strategy aimed at improving the balance in the 
representation of women and men at the various 
levels in the institution, and at developing a gen­
der-sensitive work culture. This strategy is based 
on the dual approach of mainstreaming the gen­
der perspective in all personnel policies, as well as 
raking positive action in the area of recruitment 
and appointment of women to decision-making 
positions. The programme also aims at impro­ving facilities to reconcile working life and fami­
ly commitments. 
Bodies responsible for equal opportunities in 
the Member States have been active in 
supporting a wide range of activities to encourage 
and develop a greater role for women in decision­
making. Social partner organisations and NGOs 
have also contributed to the promodon of a 
gender balance. Conferences and studies on the 
subject were organised during 1997 by 
UEAPME, the ETUC, CEC and women's 
organisations in Spain and the Netherlands. 
The Medium Term Community Action 
Programme for Equal Opportunities for Women 
and Men51 (1996-2000) has supported a number 
of initiatives in 1997 relevant to the promotion 
of a balanced participation of women and men in 
decision-making. For example": 
1 The Belgian Senate has initiated a collaboration 
project between Committees on equal 
opportunities in national parliaments and the 
Committee on Women's Rights of the 
European Parliament. A conference took place 
in May 1997 in the Belgian Senate. In 1998, 
the national assembly of Portugal will chair the 
activities under this project. 
The Council of European Municipalities and 
Regions (CEMR) has planned to widen the 
European network of local and regional elected 
women representatives, to other members. 
Improvement in the dissemination of 
information on equal opportunities to local 
communities, participation of women and men 
elected at local and regional levels in meetings 
and conducting surveys on decision-making in 
local politics, are included in this project. 
" European Parliament Women* Rights Committee, submit­
ted by Irene Crepaz EP 214.950/fin, 1996. 
u Resolution on the appointment of COR members in terms 
of equal opportunities. Committee of the Regions 237/97. 
m Commission, Directorate General for Employment, 
Industrial Relations and Social Affairs, 1996. 
" Gender, Power and Change in Health Institutions of the 
European Union, European Commission, DGV; Women 
in Decision-making in the Judicial Systems of the European 
Union, CESEP; Women in the Financial Institutions in the 
European Union, Wissenschafazentrum Berlin; Women in 
Decision-Making in Education, Catholic University of 
Louvain. 
" J. Lovenduski, Southampton University. 
"Third Action Programme for Equal Opportunities for 
Women and Men within the European Commission 1997-
2000 SEC (97) 536/3. 
•»COM(95) 381 final of 19.7.1995. Council Decision of 
22.12.1995. OJ L 335 of 30.12.1995. p.37. 
"see Directory of the Projects, 1997, Medium-Term 
Community Action Programme on Equal Opportunities 
for Women and Men (1996*2000) Commission, DGV. 
17 
EQUALITY RIGHTS - PROGRESS IN 1997 
• The FrauenComputerZentrum (FCZ) in Berlin 
has set up a European data bank on 'Women 
and Decision-Making'. It provides valuable 
base data for further research, studies, training 
methods as well as for the development of 
political strategies to promote women's 
participation in decision-making. 
* The National Women's Council of Ireland has 
also collected data on women and decision­
making in all sectors so as to put strategies into 
place for ensuring a balance between the sexes 
in the decision-making process. One particular 
goal is to discern training needs with a view to 
encouraging women's effective participation. Burden of proof 
The adjustment of the burden of proof in the 
case of sex discrimination has long been a con­
cern of the Commission which had already pro­
posed a Directive in 1988." In July 1996, the 
Commission submitted a draft Directive5' to the 
Council. It was presented to the Parliament 
which gave its opinion" on the first reading. A 
new proposal was submitted to the Council and 
was the subject of a common position on 27 June 
1997. After the opinion in second reading by the 
European Parliament, the Commission submit­
ted a re-examined proposal of the Directive. The 
Council adopted the Directive* 97/80 on 15 
December 1997. 
SECTION 5 
EQUALITY RIGHTS 
PROGRESS IN 1997 
Legal and enforceable rights are the basis upon 
which a regime of equal treatment is built. In 
1997, attention was focused on intergovernmen­
tal discussions and the Amsterdam Treaty, which 
gives new responsibilities and new possibilities 
for European institutions to promote equal 
opportunities for women and men and to fight 
discrimination. At the same time, several themes 
have emerged in relation to supporting equal 
opportunities for women and men. 
Equal pay 
One of these themes is that of equal pay, which 
has long been a cornerstone of equal opportuni­
ties for women and men. The Code of Practice 
on the implementation of equal pay for work of 
equal value, adopted by the Commission,11 was 
discussed by the Committee on Employment and 
Social Affairs in the European Parliament. The 
Report was adopted on 11 June 1997.*4 The 
report emphasises that setting up and imple­
menting job evaluation and classification systems 
are considered to be essential in order to elimi­
nate sex discrimination from pay structures and 
remove unfair wage dements. Awareness-raising 
and information campaigns are also described as 
an important step in the process of reducing the 
current wage differentials. Social security schemes 
As far as social security is concerned, the 
Commission has concentrated on extending the 
benefits of equal treatment in social security 
schemes, in particular to self-employed workers, 
following the Barber ruling5' by the Court of 
Justice of the European Communities. On 20 
December 1996, the Council adopted a new 
Directive 96/97*° amending Directive 
86/378/EEC. The Commission is also studying a 
new draft Directive to bridge the gap in existing 
Community legislation in the realm of equal 
treatment between women and men. This pro­
posal should deal with important matters such as 
pensionable age, survivors' benefits and family 
benefits which are excluded from the scope of 
existing Directives". 
Positive action: Kalanke 
and Marschall cases 
Following die Kalanke case, the Commission 
proposed to amend Directive 76/207/EEC on 
equal treatment.*2 On 17 April 1997, the Council 
» COM(96) 336 Final of 17.7.1996. 
M European Parliament Committee on Employment and 
Social Affairs. Report on the Code of Practice on the imple­
mentation of equal pay for work of equal value, EP 220.249 
adopted on 11.6.1997. 
*OJC 176 of 5.7.1988. 
M 1996 Report, p. 102. 
» 10.4.1997. 
"OJ L 14 of 20.1.1998, p.6. The adopted text meets the 
principal objective sought: dut of reversal of the burden of 
proof to favour the complainant. 
» Case C-262/88 of 17.5.1990 Barber v. GRE [1990] ECR 
1889. 
" OJ L 46 of 17.2.1997, p.20. 
41 Directives 86/378/EEC and 96/97/EC as far as the *df-
employed are concerned and 79/7. 
• Case C-450/95 Kalanke v. Freie Hansestadt Bremen [1995] 
ECR-I 3051. COM(96) 88 final of 27.3.1996. p.93. 
18 
EQUALITY RIGHTS - PROGRESS IN 1997 
à-càdad 10 postpone discussion on this issue as 
tH- majority of the Member States did not believe 
it was necessary to change the Directive. Since 
the Kaianke ruling did not call into question its 
validity, the Member States wanted to re-examine 
their position in the light of the outcome of the 
IGC. 
In case C 409/95 (Marschall/Land Nordrhein-
Westfalen), the European Court of Justice63 
concluded that a national law which gives 
priority to women in promotions in the public 
sector in cases where there are male and female 
candidates who are equally qualified for the post 
in question does not conflict with Community 
law provided that certain conditions are satisfied 
and the promotion of a male candidate is not 
excluded from the outset. 
The ruling of the EC] confirms the legality of 
the approaches to posidve action when they allow 
a degree of flexibility in their application (not 
automatic). The new Amsterdam Treaty Article 
Y*4 (4) will not, on coming into force, change 
the situation. The European Parliament ir 
The interpretation of the Amsterdam 
Treaty and its impact an die reinforcement 
of equal access to social jeeurky regimes 
and on the maintenance and zd'jyûtm of 
positive actions is now bsing studied. 
Provisions for positive actions ia national 
;/ad Community law have also to lw recon-
iidzrzd after rhe judgement o? the 
European Court of Justice in the h! irjdiall 
esse and the Commission has to ^vbage 
what are rhe nsvr powibil'des to sn&ire that 
equality cf trectTient may not only riziù 
creating squal opportunities forir^:»iduais 
of different *rr but T?*ay *l$o çncccnpasa 
action to reduce sirtac^ural dî:r$er«tcc$ m 
the position of wsr :nn and aaen hi working 
ViiC generally. 
presently studying aie consequences of this case 
for the Commissions proposal to modify 
Directive 75/207. 
fe^rzi h®rms?fi%n$ at work 
Th.2 projection of îhz dignity of women airi 
men a: work is of crucial importance. Tînt 
Commission has already launched research, 
information campaigns and guidelines v/ith tne 
social partners. The social pawners havs agreed 
thaï szmâ harassment is a widespread pioûlem 
but thev did not conduds an agreement on this subject during 1997. The Commission is conse­
quently evaluating die results of studies commis­
sioned during 1997 in order to determine further 
how best to approach this issue at European level. 
Trafficking in Persons 
Respect for the human rights of women is 
recognised as an integral part of human rights. 
The human rights of women include the right to 
have control over and decide freely on matters 
relating to their sexuality, including sexual and 
reproductive health, free of coercion, discrimina­
tion and violence. This is endorsed in the 
Commission Communication of 1996, which 
deals with one aspect of violation of the human 
rights of women: trafficking in women.64 The 
importance given to observing democratic princi­
ples ;. nd human rights under the Treaties was one 
of the inspirations behind the Commission 
Communication on combating child sex tourism 
of 1997." 
Throughout 1996 and 1997, the Commission, 
the European Parliament**, Member Stales and 
concerned NGOs67 have expressed, in often pas­
sionate language, a revulsion for the violation of 
me rights and human dignity of women and chil­
dren (both girls and boys) in the European 
Unioïi, as well as the devastating effects this has 
on victims living inside and outside the European 
Union. 
The Commission has proposed an integrated, 
multi-disciplinary approach to tackling traffick­
ing «Lid has supported co-operation between law 
enforcement agencies under joint action initia­
tives by the Member States." The Justice and 
Home Airairs Council have now extended, the 
mandate of th« European Drugs Unit to the field 
of decking b human beings. 
As .-: measure to comba: violation of women's 
humai rights, a new programme known as 
STOP69 - Stop tb.£ Trafficking of Persons - was 
a C^sc C-4C9/95 Maschaîî v. Lusd Noidrhcin-Westfckn of 
! 1.11.-: 997. 
M COM(96) 557 firal .of 20.11.1996. See also: the Hague 
5*ïkmïeriaî Dodaradon on Eu~>pean Guidelines for afibc-
rivs i:>:;^Hiiuras VÏ sisroas aad combat traiHdung sa v/osnen 
for ï!b.2 pviïyces of sxria' exploitation, Minmeiiai 
Cos .fence uad;." îhe PanHeacy of the Easopeaa Union, 
The Hagvs, 24-25 Aoril 1997. 
*0]C3of7.1.1?^,p.2. 
" Esyopsa."! Parliament CwniaiKse on Civil Libcnis :i»d 
InteiTiEi AZ&UJ. Rîrorî ©a '.r^Sidàng in harnsn bein^p of 
l4.12.i9W. 
* Statement fiam tha Eissop&an NGO Coofsrance on saï-
îkkïîig in women, hfcank/ijkerhoist, 5-7 April 1997. 
45 Tssa:y ef European Untan, Ardde K3 (2) second iademi. 
"OJL322of 12.12.?.99S. 
I£ 
•*&r,-:%Vî2*>&-A '-^UBF^*.:-' '•.•'^we*PSB*PFî: •Pitm^x 
FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION 
launched covering the period Î996-200070 to 
develop initiatives to combat trade in human 
beings, sexual exploitation of minors and the use 
of telecommunication facilities for the purposes 
of such crimes7'. 
The priority given to such initiatives was sus­
tained by die DAPHNE initiative72 introduced 
by the justice and Home Affairs Task Force of the 
General Secretariat of the Commission in 1997, 
thus assisting non-governmental and voluntary 
organisations in fighting violence against women, 
young persons and children, and in particular in 
combating sexual abuse and sexual exploitation. 
Seme 46 DAPHNE projects have been selected 
for an action programme. 
SECTION 6 
FOLLOW-UP 
TO THE BJ 
PLATFORM 
FOR ACTION 
The UN Fourth World Conference on 
Women75 was an event of tremendous signifi­
cance, it demonstrated a consensus that women's 
issues are global and universal and that gender 
equality for all people is essential for the cons­
truction of just and democratic societies for the 
twenty-first century. 
The Platform for Action which emerged as a 
result of the Conference together with the 
preparatory process provides both a framework 
and an agenda for action on the critical areas of 
concern to women throughout the world. The 
importance of political determination and the 
fulfilment of the commitments made at the 
Fourth World Conference on Women at Beijing 
were key messages taken by the European Union 
to the Commission on the Status of Women in 
New York during 1997™. Many representatives of 
women's global networks and organisations also 
went to New York to dialogue with government 
representatives and international organisations 
on how to follow up me Platform or Antion. ans. 
effectively prolong the impact of dît* Deijing 
Conference, Trie impsa of a. vvcrlc'.-widc. denenjs-tration on this scale cannot be measured over the 
course of a single year. 
The impact of the Conference can also be 
attributed to the fact that underlying concerns in 
relation to equal opportunities issues emerged it 
the same time in a large number of countries, and 
certainly within the European. Member States. 
The Conference has accelerated the process of 
reform and contributed to a better co-ordination 
of actions and interventions. 
During 1998. the Commission will continue 
its monitoring of the implementation of the 
Beijing Platform for Action and facilitate the 
ongoing dialogue between Member States con­
cerning its implementation. À European wide 
review of progress since 1995 will be supported 
during 1998. 
Responses to Beijing 
hy the Member States 
Member States have oudined their plans to 
meet the goals established at Beijing in the first 
fcliov.'-up reports, which were published during 
\S% and circulated during 1997. Many of the 
national reports presented plans rsther than con­
crete achievements. Eich Member State has to fill 
the gap between goals to be achieved and actual 
projects and programmes put in place to imple­
ment them. 
Member States have developed actions and 
plans under the various headings of the Platform 
for Action. Under education and training, Spain 
has published a non-sexist education handbook; 
at a different level, Luxembourg has produced a 
manual, 'Convention on the Elimination of all 
forms of Discrimination against women' 
(CEDAW). To take account of the Platform for 
Action on health, both Norway and Ireland have 
developed plans which take into account the gen­
der dimension of health and health information. 
Under the heading of violence against women, 
Germany, Greece and Belgium have each initia 
ted and supported new developments: Germany 
in training materials for women's refuge staff, 
Greece in research on sexual abuse, and Belgium 
n Launching date: 1997. 
"Joint Action of 29.13. i 996. O] L 322 of the 12.12.1796. 
p.7. 
n Daphne Initiative OJ C Ï36 of 1.5=1997 p,!4. 
n UN Fourth World Conference on Womer. Beijing- Chi*-*. 
4-15 September. 1995. 
"Statement or. beh«kf «if the EurcpeiMt Uruor- *>y M* lv.\ 
^vr-:wt:, head of the Neth^Urids étitgim*. -.•:> Î!V.- '"*? 
sœikir of the Unïtci Naiifiss 0>^-...nitt;'-:>. on '"* i.r;,;. rî 
V/cKft., Nw< vt»rk, ! G M*v<4> 1?97. 
2C 
in the area cf specialised police units. Every 
Member State has supported acLon in the strate­
gic area of women ana the economy The 
Portuguese development of a spécial observatory 
to monitor and prevent direct and indirect dis­
crimination and to promote a new culture of 
equality between women and men among the 
social partners is of panirjlar interest. 
Luxembourg Presidency 
In December 1997, the Luxembourg 
Presidency organised a discission on the follow-
up to Beijing. The discussion considered three 
aspects: 
• the integration of the concept of mamstreaming 
into national policy of the Member States; 
• the best practices ia the field of positive action 
in the Member States; 
• measures undertaken by Member States in the 
struggle against violence towards women. 
In their conclusions, the Council noted that 
following a number of declarations of intent, 
Member States had moved to concrete action. 
The Council noted that real efforts have been 
made on most of the themes of the Platform for 
Action defined by the United Nation*. The 
Council observed that Member States underlined 
the important role played by NGOs in the pro­
motion of women's rights at Member State level 
as well as international level. FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION 
The NGO Forum held at Huairou outside 
Beijing in parallel with the UN Conference was 
one of the largest assemblies of women's NGOs 
which had ever taken place. It has had the impor­
tant effect of strengthening relations between 
NGOs around the world and increasing their 
contribution to change through dialogue with 
governments. At a regional and international 
level, European women's NGOs have been 
involved in organising the monitoring and fol-
iow-up of the Beijing Global Platform for Action. 
During 1997, many NGOs in the field of deve­
lopment examined the integration of gender into 
European and national governments' develop­
ment co-operation, trade and external relations 
policies. 
NGO support 
United Nations agencies and international 
NGOs, among others, have developed a number 
of new systems to measure progress in reaching 
the goals of the Platform for Action.75 These sys­
tems propose simple and uniform indicators of 
advancement in reducing gender disparities or 
promoting the empowerment of women in coun­
tries at different levcb of economic and social 
development. 
The Fourth World Conference brought 
together a wide range of participants: repre­
sentatives of states fat apart geographically 
as well as in terms of economic Ot political 
development:; représentatives of NGOs of 
all sizes and ranges; local movements and 
international organisations? and the media. 
This face-to-face exchange was particularly 
useful "Sec UNDP Human Development Report 1996, Oxford 
University Pre**, Social Watch 1997, Institute del Terccr 
Mundo, Montevideo, 1997. 
21 
ISSN 0254-1475 
COM(98) 302 final 
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