WRITTEN QUESTION E-3188/97 by Hiltrud Breyer (V) to the Commission (16 October 1997)

Subject: Charter on the rights of women in childbirth

1. What action has been taken on the Charter on the rights of women in childbirth since the adoption of Parliament's resolution on this subject?

2. Was Parliament's resolution forwarded as instructed to the Commision, the Council, the WHO, [the Council of Europe] and the governments of the Member States? If so, when did this happen?

3. Have the Council of Europe, the WHO and the Member States expressed an opinion on it? If not, why not?

4. Has the Commission complied with the calls made on it in the resolution:

- to take new steps towards drawing up a directive designed to bring all national regulations and provisions regarding pregnancy, childbirth and parenthood into line with the regulations and provisions in force in the most advanced Member States?

- to draw up without delay a proposal for a charter on the rights of women in childbirth and new mothers?

Answer given by Mr Flynn on behalf of the Commission (3 December 1997)

1. and 4. On 27 July 1992 the Council adopted a recommendation on the convergence of social protection objectives and policies ((OJ L 245, 26.8.1992. )). This recommendation establishes certain convergence objectives intended to serve as a guide for Member States in implementing their social protection policies.

The recommendation deals, among other things, with maternity. Article 1.B.2, 'Maternity', stipulates that Member States should:

a) organise for all women legally resident within the territory of the Member State coverage of the costs of treatment necessary due to pregnancy, childbirth and their consequences, subject to participation by the women concerned in appropriate social security schemes and/or subject to cover by social assistance;

b) ensure that employed women who interrupt their work due to maternity enjoy appropriate social protection.

In the intervening years the Commission has strengthened this convergence policy and provided a forum for debating the future of social protection with all parties concerned (Member States, social partners, social security bodies). To this end, the Commission recently presented a communication on modernisation and improvement of social protection in the European Union, and the social protection of women is one of the themes covered.

Furthermore, the Council has adopted, on a proposal by the Commission, Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding ((OJ L 348, 28.11.1992. )). To the extent that the EC Treaty provides for Community powers in this domain, some of the requests made in the resolution were taken into account in the preparation of that proposal.

2. Parliament's resolution was to be forwarded to the Council, the World Health Organisation (WHO), the Council of Europe, and the Member States by the President of the Parliament. The Resolution was published in the Official Journal ((OJ L 235, 12.9.1988. )).

3. The Commission is not aware of any opinion of the Council of Europe, the WHO or the Member States on this resolution.