WRITTEN QUESTION E-1382/00

by Michl Ebner (PPE-DE) to the Commission

(4 May 2000)

Subject: Positive discrimination in favour of women as a means of promoting equality

Positive discrimination must be used in order to increase the representation of women in all sectors of society. Measures of this kind have proved successful in various countries such as Sweden where the principle of the preferential treatment of women in the case of persons with the same qualifications has been applied in the public sector. However there seems to be some difference of opinion about initiatives of this kind at European level, as the European Court of Justice's Kalanke judgment shows: the Land of Bremen was found to be in breach of EU law because it gave preference to a woman in a case where a man and a woman were equally well qualified. Furthermore, the Treaty of Amsterdam avoids mentioning positive discrimination as such: Article 141 merely refers to specific advantages in the framework of the equality of women and men.

Will the Commission say whether it intends in future to make positive discrimination in favour of women a general principle underpinning all policies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 July 2000)

Article 2 of the EC Treaty states that one of the tasks of the Community shall be the promotion of equality between men and women, while Article 3(2) states that the Community shall aim to eliminate inequalities, and promote equality, between men and women in all the activities of the Community listed in Article 3(1).

The principle of gender mainstreaming, which may include positive action if policy analysis deems it necessary, has been adopted as a means of analysing all Community policies with regard to their effect on equality of the sexes.

A Group of Members of the Commission on equal opportunities monitors Community policies with regard to their gender impact, and the fifth action programme on gender equality adopted by the Commission on 7 June 2000 proposes to deepen this approach(1).

As regards its internal reform the Commission has underlined in the white paper of 1 March 2000(2) (Part II p. 37) that the principle of mainstreaming, that is the systematic consideration of gender issues in all policies and actions, must be a basic parameter for the reform of the human resources policy. The measures necessary to promote equal opportunities will be taken by creating an environment which is favourable to the recruitment of women, to their promotion and career development within the institution. The Commission already decided in December 1999 that in making appointments to senior management posts, the appointing authority will, in principle, give priority to women where it finds, after conducting an assessment, that candidates are of equal merit. This policy will not be followed automatically, but it will be one of the important means used by the appointing authority to reach the objective of the Commission to double the present number of women at director general and director level during its mandate.

In addition, for the last five years, the Commission has adopted annual objectives for recruitment to the Commission and appointments of women to middle management posts.

(1) COM(2000) 335 final.

(2) COM(2000) 200 final.