Opinion on the proposal for a Council Decision on the fourth medium-term Community action programme on equal opportunities for women and men (1996-2000)

(96/C 39/08)

On 4 October 1995 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Economic Community, on the above-mentioned proposal.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 9 November 1995. The Rapporteur was Mrs Twist.

At its 330th Plenary Session (meeting of 22 November 1995), the Economic and Social Committee adopted the following Opinion by a majority vote, with 3 abstentions.

1. General comments

1.1. The Committee welcomes the basic thrust and objectives of the fourth action programme. The programme sets out to continue and strengthen Community action and initiatives designed to redress the persistent forms of discrimination that women experience in the European Union. The Committee supports the initiative by the European Commission to take a leading role in the area of equal opportunities and to build on the previous action programmes, which have contributed to significant advances in the field of equal opportunities. The Committee agrees with the Commission that although advances have been made, further action is needed, in particular as regards unemployment of women, pay gaps between women and men, and increasing the numbers of women in decision-making. The Committee observes that the proposed Community action programme focuses on a limited number of objectives which have been selected with a view to provide the best possible multiplier effect.

1.2. The Committee welcomes the focus of the fourth action programme, namely its emphasis on mainstreaming and partnership at all levels and in all areas. The Committee also recognizes the importance of the consultative process with the Social Partners and all equal opportunities bodies, including NGOs. For its part, the Committee has clearly stated, in previous Opinions, its commitment to equal opportunities, and has proposed a number of Community-level measures, in particular with regard to employment. The Committee stresses once again that equal opportunities must be a constant Community concern, and it observes, as in the past, that discrimination is not restricted to the legal front, but is a feature of every day life as a result of ingrained prejudices (CES 385/82). The Committee actively encourages the Union to expand and intensify its efforts to promote equal opportunities.

1.3. The Commission rightly points out that 'the Community has been one of the prime movers in the changing status of women in society', consolidating and actively promoting, directly and indirectly, the fundamental principle of equal pay for equal work, enshrined in Article 119 of the Treaty. Footnote 5 of the proposed Council Decision aptly lists the progress achieved in this respect on the basis of Community law. The Commission can be proud of its legislative achievements emanating from Article 119 and complementary Articles. Much still remains to be done. Networking, partnership, active information exchange, mobilization of public opinion and concerted efforts to achieve a fundamental change of attitudes with regard to the role of women in society are all, no doubt, vital. Likewise, 'support pilot projects' and the promotion of '30 to 40 Integrated Equality Projects throughout Europe' will also commendably scratch away at the surface of societal prejudice and continuing discrimination against women. The Committee would stress, however, that, in the final event, it is in terms of real equality before the law and in the application of law that concrete progress towards effective equality of opportunity will continue to be made. It is important for the Commission and the EU as a whole not to lose sight of this.

1.4. The Committee regards the fourth action programme as a further step in building on the achievements of the previous action programmes. In its Opinion on the first action programme, the Committee clearly stated that it welcomed in particular the establishment of the Advisory Committee on Equal Opportunities for Women and Men, but cautioned at the same time that consultation with the Advisory Committee can never be regarded as a substitute for consultation with the trade unions and employers' associations. In the same Opinion, the Committee urged the Community Institutions to expand their traditional consultation network by making every effort to step up discussions on women's questions with trade unions and employers' associations, and with the national bodies responsible for such matters in the Member States. In this context, the Committee welcomes the new composition of the Advisory Committee which will consist of the Member States, the national equal opportunities bodies and the social partners. The Committee, however, regrets that the role of non-governmental organizations in the Advisory Committee will remain that of an observer.

1.5. The commendable objectives of the action programme must be matched by credible means, resources and methodology. There are possible problems in this respect:

1.5.1. Whilst the Commission rightly wants to 'mobilize' and involve 'economic and social actors' in the running of the programme, this should not be done in the place of 'releasing' adequate administrative personnel from within the Commission itself. The Commission's stated 'commitment' to the programme is simply not matched by resources. (For example, the deployment of only 6 permanent officials - 4 As, 1 B and 1 C - together with 13 temporary agents over a five year period, gives the impression of only lacklustre support for the programme, undermining its credibility and the seriousness of the six major aims listed in Article 2). The Committee also has doubts whether the budgetary resources proposed, while twice that of the third action programme (ECU 60 million over a period of five years), will be sufficient to realize the aims of the programme. The Committee considers that all other DGs should integrate the equality dimension into their activities.

1.5.2. While the Committee needs more information on the structure and functioning of Anima, it would nevertheless like to stress the importance of having Anima fully under the direction of the Equal Opportunities Unit in DG V.

1.5.3. Another problem arising from the action programme is how to ensure comprehensive implementation of any EU decisions arising. The Commission wants to make progress with the backlog of draft directives (parental leave, burden of proof, self-employed women, atypical work, etc.) blocked in a 15-member Council unable or unwilling to decide by qualified majority voting. The Social Protocol, however, can achieve the passing of those directives blocked by the Member State which has refused to sign the protocol. In this context, the Committee regrets that the Social Protocol did not obtain the support of the UK. The Committee also notes with satisfaction that the social partners in the framework of the social dialogue have made considerable progress in reaching an agreement on parental leave under the procedure of the Protocol.

1.5.4. The Committee states its concern about the possible impact of the recent ruling by the European Court of Justice involving the Directive 76/207/EEC. The Committee calls on the Commission to make an assessment of the judgement and its consequences, both in terms of existing as well as future positive measures. The Committee also believes that this judgement warrants a revision of the Directive 76/207/EEC. Moreover, the Committee would urge that the Intergovernmental Conference consider the inclusion of the principle of equality and equal treatment into the Treaty, including a provision for positive measures so as to give a firm legal base to equality.

1.6. The Committee also notes with regret that the programme falls short of proposing concrete measures and legislative initiatives in regard to women at work (i.e. atypical work, organization of work, working time) and health and safety at work. It would draw the Commission's attention to the recent Opinion of the Economic and Social Committee on Working Time, in which the need for collective agreements in order better to manage working time and narrow the segregation gap was highlighted, together with the call for 'unequivocal legislation' on equal treatment for part-time workers drawing on the 1994 ILO Convention and Recommendation ().

1.7. The Committee states with satisfaction that the European Council acknowledged recently that promoting equal opportunities, together with combating unemployment, was one of the Union's paramount tasks. The Committee firmly believes that promoting equal opportunities is crucial for improving the position of women on the labour market.

2. Specific comments

2.1. Objective 1: Building partnership in a changing society

2.1.1. The Committee welcomes the Commission's emphasis on building partnership between women and men, institutions, the Member States, the social partners and the non-governmental sector. One of the key aspects for the promotion of such partnerships is the new Advisory Committee on Equal Opportunities. The Committee welcomes the new role of the social partners in the context of this Advisory Committee.

2.1.2. The Committee also notes with satisfaction that the Commission emphasizes the role of the Social Partners in promoting the equality dimension in the social dialogue.

2.1.3. The Commission's objective to involve the social partners through national, transregional and transnational information exchange should be more clearly integrated with the 'regional partnership' strategy also proposed. The involvement of regional and national Economic and Social Councils, where they exist, should also be envisaged within the overall integrated 'animation' plan. The involvement of the social partners and socio-professional associations in supporting integrated equality projects is welcome.

2.1.4. The programme stresses the need to promote a change of attitudes which will reflect a new gender contract based on partnership between women and men. In this context, the Committee welcomes the Council's Resolution on the portrayal of women in the media. The Committee, however, regrets that the Commission appears to focus almost exclusively on changing the perception of women's roles in society. The Committee feels it important that the programme addresses also the stereotypical roles that men are assigned with a view of changing male attitudes. More attention should have been focused on, for example, the care tasks for men. In this context, the Committee deplores the lack of reference to families and the important role they can play in bringing about 'attitudinal' changes.

2.2. Objective 2: Promoting equality in a changing economy

2.2.1. The Committee welcomes the Commission's emphasis on promoting equality in a changing economy by encouraging women's entrepreneurship and through mechanisms of mainstreaming, studies, and greater information dissemination. At the same time, however, the Committee believes that effective action should not be confined to these mechanisms only. The Committee regrets the fact that there is very little in this chapter on encouraging good equal opportunity practices at work other than through studies and research, and possibly, via a planned Communication on contract compliance. While the Commission rightfully points to the problems of segregation, low pay, and unemployment, the programme falls short in proposing specific measures in regard to these. The Committee notes with regret that no measures and actions have been proposed in the programme which focus on health and safety issues at work or the problems associated with all forms of a-typical work. Here the Commission only recalls the fact that it will finalize its consultation with the Social Partners, under the Social Protocol, in regard to part-time and other forms of a-typical work. The Committee, referring to a possible ILO Convention on Homeworking, regrets that no specific measures are included in the programme which address the issues associated with homeworking. The Committee regrets that the Commission does not emphasize sufficiently how important it is for women and men to have an equal right to work and to earn their living. A job of one's own is a prerequisite for equality. The Committee also regrets the lack of an appraisal of future trends in the labour market for women.

2.2.2. The Committee welcomes the Commission's intention, as stated in the programme, to propose a revision of Council Directive 86/613/EEC after an assessment of the impact of the current directive on women and after wide consultation. The Committee would also urge the Commission to propose a revision of the Council Directive 76/207/EEC.

2.2.3. Lastly, the Commission states that it will further encourage the application of the equal opportunities criteria in relation to the European Structural Funds. Here, the Committee, regrets the fact that the Commission has not yet developed guidelines and other procedures which could help monitor the impact of the mainstreaming.

2.3. Objective 3: Women and men combining work with household-family life

2.3.1. The Committee, especially with regard to the number of unemployed mothers with young children, fully supports the Commission's proposal to follow-up on a Directive on Reconciliation between Family and Professional Life. The Committee also is in favour of the Commission's proposal for a Framework Directive for the Care of Children and Other Dependents. The Committee would remind the Commission that such legislative initiatives need to be accompanied by appropriate financial commitments. In this context, the Committee would like to see specific reference to the care of elderly dependents. While the Committee approves of the emphasis on studies, exchanges, and dissemination of information as a basis for future policy initiatives, it deplores the lack of specific measures aimed at involving men in caring activities.

2.3.2. The Committee welcomes the specific reference to the role of the Social Partners in developing, promoting and evaluating an appropriate range of care options, care time packages and reconciliation measures suited and adapted to the employment environment of both women and men.

2.3.3. The Committee considers the issue of work organization and working time as central to any debate on equal opportunities. In this context, the Committee very much regrets that the fourth programme does not propose more specific initiatives, i.e. the development of guidelines in partnership with the Unions and the Employers' associations.

2.3.4. Referring to its Opinion on the first action programme, the Committee reiterates its support for the individualization of rights in a collectively negotiated framework. However, the Committee feels it important that a link be made between part-time work and other forms of a-typical work (increasingly dominated by women) and the individualization of rights. There is no mention made of this in the fourth action programmes. The Committee would like to remind the Commission that consideration needs to be given to the fact that women tend to work more and more in part-time positions. In addition to this, a majority of women continue to suffer from unequal pay. All of the above render women particularly vulnerable in old age.

2.3.5. The Committee has consistently supported the Parental Leave Directive and EU measures on child-care. The aforementioned Opinion on 'Working Time' again drew attention to the assignment of leaves and the individualization of working time rights with equal pro-rata treatment within collective agreements.

2.4. Objective 4: Promoting a gender balance in decision-making

2.4.1. The Committee fully supports the principle of gender balance in decision-making, both in qualitative as well as in quantitative terms, as outlined in the fourth action programme. In addition, the Committee urges the Council to pass a recommendation with clear targets on gender balance as proposed by the European Commission.

2.4.2. The Committee also greets the Commission's intent to increase cooperation on this issue between the Social Partners, non-governmental organizations, and institutions.

2.5. Objective 5: Enabling women to exercise their rights

2.5.1. The Committee considers that rights should be the number one priority and the first objective of the programme, that it should be highlighted more and that more effort should be made to achieve comprehensive equal opportunity decisions applicable to all Member States. While the issue of rights is fundamental the Committee recognizes that at the same time it is necessary to work towards changes in attitudes. It is a question of striking a healthy balance between legislative initiatives and other accompanying measures. The Committee feels that women's access to the courts must be improved, especially on matters relating to sexual harassment.

2.5.2. In particular, the Committee stresses the need for better information about the rights women have under European law.

2.5.3. The Committee wholeheartedly supports the Commission's intention to involve the Social Partners in developing a proposal for a binding Community instrument on sexual harassment at work. The Committee feels that the Social Partners have an important role to play in developing such an instrument.

2.5.4. The Committee also welcomes the Commission's intention to examine the impact on women of illegal employment, cross-border trafficking in human beings and other forms of exploitation.

2.5.5. The Committee supports the programme's intention to promote information exchange on good practice in the Member States.

2.6. Objective 6: Implementing, monitoring and evaluating the programme

2.6.1. The Committee regards this aspect of the fourth action programme as crucial in particular since this was one element missing from the third action programme.

2.6.2. The Committee supports the idea of an annual equality report. However, the Committee again stresses the need for developing clear targets, timetables and other indicators which can serve to measure real progress. The Committee stresses the need to involve the Social Partners in the development of such criteria. The Committee stresses the need to involve both the Social Partners and the Advisory Committee in the development of such criteria.

Done at Brussels, 22 November 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 18, 22. 1. 1996, point 5.12.