EUROOPAN YHTEISÖJEN KOMISSIO 
Bryssel, 13.06.1995 
KOM(95) 247 lopull. 
KOMISSION KERTOMUS 
NAISIA KOSKEVIEN POSITIIVISTEN 
TOIMENPITEIDEN EDISTÄMISESTÄ 
13 PÄIVÄNÄ JOULUKUUTA 1984 ANNETUN 
NEUVOSTON SUOSITUKSEN TÄYTÄNTÖÖNPANOSTA 
(84/635/EEG) 

KOMISSION KERTOMUS 
NAISIA KOSKEVIEN POSITIIVISTEN 
TOIMENPITEIDEN EDISTÄMISESTÄ 
13 PÄIVÄNÄ JOULUKUUTA 1984 ANNETUN 
NEUVOSTON SUOSITUKSEN TÄYTÄNTÖÖNPANOSTA 
(84/635/EEG) 
YHTEENVETO 
Kymmenen vuotta suosituksen antamisesta positiivisista toimenpiteistä on tullut 
kansallisten tasa-arvoisia mahdollisuuksia koskevien politiikkojen tärkeä väline. Tässä 
kertomuksessa ilmaistaan kansallisten lainsäädäntöjen tai politiikkojen, 
täytäntöönpanomenettelyiden, niiden työmarkkinaosapuolissa herättämän mielenkiinnon, 
niiden omaksumien muotojen moninaisuus. Tämä moninaisuus on tosiaan lisännyt 
huomattavasti niiden positiivisia toimenpiteitä koskevien aloitteiden määrää ja muotoa, 
jotka on tehty sen jälkeen, kun komissio antoi neuvostolle vuonna 1988 ensimmäisen 
suosituksen täytäntöönpanoa koskevan kertomuksen, mutta vielä on kuitenkin tehtävä 
paljon täytäntöönpanoa koskevaan dynaamisempaan ja järjestelmällisempään 
lähestymistapaan päätymiseksi. 
Suosituksen toimivuus välineenä, jolla voidaan havaittavasti parantaa naisten tilannetta 
työmarkkinoilla on tämän vuoksi aihe, jota komissio edelleenkin tulee tarkasti pitämään 
silmällä ja ehdottamaan toisen kertomuksen antamista sen täytäntöönpanosta neuvostolle-
viiden vuoden kuluttua. Jäsenvaltioiden toimittamien tietojen perusteella positiivisten 
toimenpiteiden alalla tulevaisuudessa tehtävien aloitteiden pitäisi, ainakin näyttäisi siltä, 
edetä sekä oikeusteitse että urakehityksen viitoittamaa tietä . Käytännössä nämä kaksi 
lähestymistapaa ovat toisiaan täydentäviä ja vahvistavia. 
REPORT FROM THE COMMISSION 
ON THE IMPLEMENTATION OF THE COUNCIL RECOMMENDATION 
OF 13 DECEMBER 1984 ON THE PROMOTION OF POSITIVE ACTION 
FOR WOMEN (84/635/EEC) 
l INTRODUCTION 
On 13 December 1984 the Council adopted a Recommendation on the promotion of 
positive action for women. The Commission undertook to submit a report on its 
application, which it did in 19881. The report stated that the Member States were slowly 
beginning to promote positive action in different forms, in different contexts and with a 
varying degree of involvement of the social partners and national agencies responsible 
for equality of opportunity. But at the time - four years after adoption of the 
recommendation - it was too early to draw conclusions or even to identify the broad 
outlines of the policies adopted by the Member States in a domain in which none of them 
had any real experience. 
The Commission is aware that progress towards equality is linked to the development of 
mindsets and is thus a long and difficult process. Ten years after adoption of the 
recommendation, now that the Commission has entered the final phase of the third 
Community action programme on equal opportunities for women and men2, the time is 
ripe for an overview - albeit provisional - of how positive action is faring in the Membei 
States. This report was drafted on the basis of replies by the Member States to the 
questionnaire sent to them by the Commission. With a view to being as comprehensive 
and precise as possible, additional sources of information, mainly derived from 
Commission reports or studies on various aspects of equal opportunities, have been used. 
In "unfolding" the main strands of the Recommendation - viz. (i) the status of positive 
action in the legislation and policies of the Member States, (ii) context of implementation, 
(iii) the differences between the public and private sectors and finally (iv) diversity of 
positive actions - the objective of this report is to identify the state of play and the shape 
of positive action in the countries of the European Union. Finally, the Commission will 
highlight good practices in the domain of positive action implemented in various Member 
States constituting models from which other countries could draw inspiration. 
1 Doc. COM (88) 370 final. 
"Equal opportunities for women and men - the third medium-term Community action programme 1901-
1995", COM(90) 449 final of 6 November 1990. 
2 PROMOTION OF POSITIVE ACTION POLICY 
The Council recommends the Member States 
- to adopt a positive action policy designed to eliminate existing inequalities 
protecting women in working life and to promote a better balance between the sexes 
in employment, comprising appropriate general and specific measures, in the 
framework of national policies and practices, while fully respecting the spheres of 
competence of the two sides of industry, in order: 
a) to eliminate or counteract the prejudicial effects on women in 
employment or seeking employment which arise from existing attitudes, behaviour 
and structures based on the idea of a traditional division of roles in society between 
men and women; 
b) to encourage the participation of women in various occupations in those 
sectors of working life where they are at present under-represented, particularly in 
the sectors of the future and at higher levels of responsibility in order to achieve 
better use of all human resources (Article 1). 
The point made in 1988 still applies today - only in a few countries have specific national 
policies been designed in the field of positive action. In most Member States, positive 
actions are just one of a number of measures in the context of equal opportunities 
policies. To date only Belgium and Italy seem to have taken decisive steps towards an 
active policy of positive action. 
On 14 July 1987, Belgium adopted a Royal Decree on measures designed to promote 
equality of opportunity between women and men in the private sector. Hence equal 
opportunity plans may be implemented (on a voluntary basis) either within an individual 
branch of activity or within individual companies in consultation with the workers' 
representatives. In 1990 these measures were extended to the civil service, where they are 
mandatory. Belgian legislation also mandates firms to collect data on the existing 
situation with a view to preparing a detailed report which may be followed by the 
creation of positive action plans. 
On 10 April 1991 the Italian Parliament adopted a law on positive action designed to 
ensure equality between men and women at work. Hence Italy transposed into its 
domestic legal order the Community recommendation of 1984, while introducing certain 
innovative mechanisms. "The right to effective legal protection implies that the courts 
must have the right to monitor compliance with the provisions of Community law and 
national legislation implementing these provisions. In large measure, the possibility of 
such monitoring depends on the allocation of the burden of proof"1 Thus, in line with 
Michel Verwilghcn (editor), "L'accès à l'égalité entre femmes et hommes dans lu communauté", Presses 
Universitaires de Louvain, Louvain-la-Neuvc, 1993, p. 140. 
the Court of Justice's ruling in Danfoss*, Italian law introduced a partial reversal of the 
burden of proof5. 
Moreover, in the case of "collective discrimination" (concerning women workers as a 
group, even if they are not directly and immediately identifiable), the court may require 
the employer to establish a plan designed to eliminate discrimination. Finally, Italian law 
also mandates public and private firms (with more than 100 workers) to submit, at least 
every two years, a report concerning the situation of women and men in relation to 
employment, recruitment, pay and training. 
On 25 February 1992 the Italian Parliament adopted a new law ("Azioni positive per 
l'impreditoria femminile"), whose objective is to achieve equality of opportunity in 
economic activity and in the business community through provisions designed to promote 
management training, to encourage the creation and development of women-headed firms, 
to provide better credit facilities for such firms and for firms in which women form a 
majority in the most innovatory strands of the different economic sectors. 
All the Member States, barring Germany and Spain, have laws concerning equal treatment 
that contain provisions relating to positive action, or which consider such provisions as 
derogations from the general equality principle. In France, the 1983 Law on occupational 
equality ordains, as in Italy and Belgium, the preparation of an annual report-on the 
comparative situation of men and women in firms with more than 50 workers. This report 
must include tables of figures making it possible to determine for each of the 
occupational categories the respective situation of women and men in relation to 
recruitment, training, vocational training, qualification and classification, working 
conditions and pay. This is an indispensable analytical step in preparing an "occupational 
equality plan" designed to encourage the diversification of women's jobs and women's 
migration to qualifications and trades in which they are under-represented. 
To date, 25 plans have been adopted, mainly by large companies. In 1987 the Contrats 
de Mixité - with the same objective - were introduced for firms with less than 200 
workers. These contracts are more flexible and less cumbersome to implement. They 
consist of specific measures, taken on a case by case basis, in the form of a contract 
signed by the employer, the state and the interested female party. To date 250 contracts 
have been concluded, mainly in the secondary sector, indicating that these measures 
genuinely contribute to diversifying female employment, since they mainly relate to 
industrial workers and technicians6. However, it seems that both as regards the Contrats 
de Mixité and the occupational equality plans, France has not yet gone beyond the 
experimental stage. 
C JEC, 17 October 1989, Case 109/88, Handels- og Kontorrunktionaemes Forbund i Danmark v. Dansk 
Arbedjdsgiverforening (Danfoss), ECR 1989, p. 3199. 
On 27 May 1988, the Commission submitted a proposal for a Council Directive on the burden of proof 
in the area of equal pay and equal treatment for women and men, OJ No C 176, 5.7.1988, page 5. 
Indeed it is in working-class jobs that women are least represented - cf. "Women in the European 
Community" Eurostat 1992, pp. 147-148. 
In Germany, the Basic Law is still the point of reference for equality legislation, pending 
the entry into effect of the 1994 Law on equality of opportunity. However, in certain 
Laender (Berlin, North Rhine-Westphalia, Hesse, Bremen), a number of positive actions 
have been adopted. 
In Spain, an initial action plan for equality of opportunity 1988 - 1990 was implemented 
and comprised 120 measures. Given that the principle of equality between men and 
women is enshrined in the Spanish Constitution rather than a particular law, this action 
plan led to the reform of certain discriminatory aspects which persisted in legislation in 
the Spanish system. Discriminatory advertising for vacancies and infringements 
committed by employers in regard to access to employment are now regarded as "very 
serious offences", with very severe penalties. Finally, in 1989 an article was introduced 
into the Labour Code authorising reversal of the burden of proof in sex discrimination 
cases. A second plan was adopted for 1993-1995 which envisages positive actions in 
education, training, access to employment and health. The declared objective is the 
integration of such actions into institutional, political and social programmes, as well as 
the creation of services designed specifically for women. 
3 ADOPTION OF FRAMEWORK FOR IMPLEMENTATION 
The Council recommends to the Member States: 
- to establish a framework containing appropriate provisions designed to 
promote and facilitate the introduction and extension of such measures (Article 2); 
- to enable national equal opportunities committees and organisations to make 
a significant contribution to the promotion of such measures, which presupposes that 
these committees and organisations are provided with appropriate means of action 
(Article 6). 
The context within which the legal or administrative basis of equal opportunities is 
located is more favourable to the development of positive actions in some countries than 
in others. Thus, although all the Member States have agencies responsible for equal 
opportunities, their powers vary considerably from one country to another. 
In most cases, the agencies have a consultative role or are entitled to submit 
recommendations to the Ministry of Labour, Social Affairs or Women's Rights. They also 
coordinate policies implemented by organisations or persons responsible for equal 
opportunity affairs at regional and local level (Germany, Denmark, Spain, France, 
Greece, Italy, Portugal) and collect and disseminate information relating to employment 
and women's working conditions. Such information is often accompanied by statistical 
analyses, sometimes in the form of annual reports, as in the Netherlands and the United 
Kingdom (in the case of the civil service). In Belgium, until 1992, the Commission du 
travail des femmes (Women's Employment Committee) organised, in conjunction with its 
secretariat and the State Secretariat for social emancipation, ongoing assistance to persons 
responsible for drawing up and implementing plans. It also regularly organises theme-
specific working meetings, where ideas and experience can be pooled and strategies 
refined. All positive action policy in both the public and private sectors is at the initiative 
of the Secretary of State for Social Emancipation, subsequently the Minister for 
Employment with responsibility for equal opportunities. Measures to accompany the plans 
are the responsibility of the Ministry's positive action unit for the private sector and of 
a network of provincial coordinators for the public sector. 
In Italy the 1991 positive action law enhanced the powers of the National Equal 
Opportunities Committee. This Committee is responsible for implementing positive action 
plans financed by the state. It is also responsible for monitoring proper application of the 
legislation and is authorised to consult the Labour Inspectorate to obtain any information 
it requires on women's working conditions and employment. The Equal Opportunities 
Commission in the United Kingdom may provide assistance to plaintiffs, by giving them 
legal advice or even appointing a lawyer to represent them in court. These various bodies 
are also entitled to propose programmes or new laws in the field of equal opportunities 
and sometimes help draft bills concerning equality between men and women 
(Luxembourg, Portugal). In Spain, the action plan for equal opportunities has also 
triggered the creation of a joint congress-senate committee for the protection of women's 
rights. 
In order to promote a policy of equal opportunities, these organisations often publish 
codes of good practice and practical guides, as well as reports, newsletters and other 
publications intended for both the public and private sectors (Germany, Denmark, 
Netherlands, Portugal, United Kingdom). Often they organise forums or conferences to 
enable employers and experts to articulate their aspirations and proposals (United 
Kingdom). Another way of promoting equal opportunities is the award of national prizes 
for model firms (Germany, Ireland, Luxembourg, Portugal). The idea here is to encourage 
other employers to develop positive action programmes. 
4 POSITIVE ACTIONS IN THE PUBLIC AND PRIVATE SECTORS 
The Council recommends: 
- to take, continue or promote positive action measures in the public and 
private sectors (Article 3); 
- to ensure that the actions and measures described in points 1 to 4 are made 
known to the public and the working world - especially to potential beneficiaries -
by all appropriate means and as extensively as possible (Article 5); 
- to encourage both sides of industry, where possible, to promote positive 
action within their own organisations and the workplace, for example by suggesting 
guidelines, principles, codes of conduct or good practice or any other appropriate 
formula for the implementation of such action (Article 7) 
- to make efforts also in the public sector to promote equal opportunities 
which might serve as an example, particularly in those fields where new information 
technologies are being used or developed (Article 8); 
4.1 • Action by the Member State (as an employer) may, in all the Member States, be 
a way of triggering a learning process for the private sector, which they cannot 
influence directly (because adoption of positive actions is a voluntary matter). 
From this perspective, the implementation of positive actions in the public sector 
takes on the role of a catalyst in triggering awareness, and as a model for the 
development of positive actions in the private sector,sometimes with the 
encouragement of financial assistance. In Germany, the Law on equal 
opportunities hence envisages a higher proportion of women in all grades and 
functions where they are under-represented. 
The implementation of positive action in the public sector may, as in Belgium or 
Italy, take the form of an obligation on the government and the "ordinamento 
autonomo" at central and local levels, and also on the "enti pubblici non 
economici" to adopt positive actions plans. In Belgium the law says that decisions 
taken in regard to promotion must be accompanied by an official justification. In 
France, adoption of the plans d'égalité professionnelle in certain public sector 
enterprises is part of a wide strategy, which see in it a "laboratory for social 
experimentation". Again, the state bankrolls the implementation of positive action 
programmes in the private sector in Italy and in France (in the form of 
"exemplary models" in the plans d'égalité professionnelle) and in Spain (in regard 
to one-off measures). 
In Denmark, after adoption of the Act on equality when appointing members of 
public committees (1985) the government in 1986 adopted an action plan for 
equality between the sexes designed to motivate all the public authorities to 
survey the situation of women and to suggest ways of encouraging equality and 
equal pay. All ministries and administrations had to draw up action plans on equal 
opportunity with numerical objectives and deadlines for implementing them, under 
the supervision of the Equal Opportunities Council. These arrangements were also 
extended to the municipalities7. This programme proved to be very effective, the 
percentage of women on administrative boards and other committees rising from 
13% in 1985 to 27% in 1992. In 1990 the Danish government adopted a new law, 
entitled the Act on Equal Opportunities between men and women in the 
occupation of certain executive board positions in the public administration, which 
was evaluated in 1994. 
In the Netherlands, the government since 1987 has been promoting an active 
policy throughout the public sector. This also comprises numerical objectives and 
has been extended to 1991-1995. The aim is to ensure that women occupy at least 
30% of jobs in the civil service and at least 20% of senior posts. At local level, 
approximately 35% of the local authorities were implementing positive action 
programmes in 1990. 
"Occupational segregation of men and women in the European Community", Social Europe, supplement 
3/93, p. 126. 
The Irish government encourages public sector employers to take the initiative and 
the Employment Equality Agency helps draw up positive action programmes. To 
this end it has published a guide indicating how to encourage equality in regard 
to recruitment, training (for women only when they are under-represented) and 
promotion, as well as measures allowing the employee to combine family life and 
work or aiming at the elimination of discriminatory language and sexual 
harassment. However, a freeze on recruitment in the Irish public sector means that 
currently the policy is on hold. 
4.2 The social partners' interest in regard to equal opportunities including positive 
actions varies from one Member State to another. Many trade unions now seem 
to be taking greater interest in positive actions than in the past, and are trying to 
integrate positive actions in collective agreements (Germany, Spain, Greece, Italy, 
Portugal). In Belgium, since the inter-occupational agreement of 1988-1990, 
positive actions have been integrated in the social concertation system and to date 
19 collective agreements have been adopted which make mention of positive 
actions. Other inter-occupational agreements have been signed for 1991-1992. In 
the United Kingdom the trade Unions are mainly interested in questions relating 
to "work of equal value" and on the other hand, their effectiveness is limited by 
the weak role of collective agreements in that country. In Germany, however, 
collective agreements are centre-stage, but it seems that the upgrading of female 
labour does not attract much interest*. 
In Portugal, the employers do not generally take the initiative in regard to new 
positive action plans and the trade unions have mainly focused on vocational 
training as a way of desegregating the labour market. In 1991 an agreement was 
made by the social partners envisaging intensified measures to train women and 
the explicit inclusion of equal opportunities in various training programmes for 
apprentices and persons being retrained. In France, however, the plans d'égalité 
professionnelle have largely been initiated and driven by employers. The positive 
actions consisted of training measures accompanying technical and organisational 
changes which the firms had to introduce at the time. The social partners' 
agreement regarding training of women was conditioned both by the fact that 
equal opportunity at work is a domain where their awareness needs to be 
developed and because it requires operational adaptations both on the part of 
business and trade unions. 
In Denmark, the social partners' approach is different because as far back as 1988 
they had agreed to increase the number of women. Employers set themselves the 
objective of ensuring a more equitable sex ratio in jobs in which training and 
recruitment have a gender bias. Since 1992 the trade union federation has been 
recommending fairer representation of men and women in all the functions of its 
own organisation, giving priority to the under-represented sex when both 
candidates are equally qualified. In Germany the Betriebsverfassungsgesetz 
concerning works councils stipulates that their composition must take into account 
the ratio of men to women; this is a way of vouchsafing representation of 
Ibid. p. 130. 
v women's interests. In the same perspective the Bundespersonalvertretungsgesetz 
stipulates that both sexes must be represented on the works councils in proportion 
to their numbers on the payroll. 
4.3 The implementation of positive action programmes in the private sector relies on 
voluntary cooperation in all the Member States. The responses from Member 
States show that the scope for government action in the private sector would be 
limited to informing and persuading the social partners. This persuasion varies in 
intensity depending on the country. In order to encourage firms to commit 
themselves to equal opportunities, certain Member States make it mandatory for 
private firms to report on the comparative situation of men and women, the first 
step towards preparing a positive action programme. However, as we have already 
said, the legal framework and financial support do not have much of an effect. 
Hence, although some advances have been made in the public sector, positive 
actions have been slow to take root in the private sector in most countries. Hence 
initiatives by firms in the field of positive action mainly take place in domains in 
which companies already have a certain know-how and, notably, in the field of 
vocational training. * 
5 THE DIFFERENT ASPECTS OF THE POSITIVE ACTION PROGRAMMES 
The recommendation does not so much define a "positive action" as identify it on 
the basis of the - multiple - objectives associated with it. Hence the Council 
"recommends to the Member States to take steps to ensure that positive action 
includes as far as possible actions having a bearing on the following aspects: 
- informing and increasing the awareness of both the general public and the 
working world of the need to promote equality of opportunity for working women; 
- respect for the dignity of women at the workplace; 
- qualitative and quantitative studies and analyses of the position of women 
on the labour market; 
- diversification of vocational choice, and more relevant vocational skills, 
particularly through appropriate vocational training, including the implementation 
of supporting measures and suitable teaching methods; 
- measures necessary to ensure that placement, guidance and counselling 
services have sufficient skilled personnel to provide a service based on the necessary 
expertise and the special problems of unemployed women; 
- encouraging women candidates and the recruitment and promotion of 
women in sectors and professions and at levels where they are under-represented, 
particularly as regards positions of responsibility; 
- adapting working conditions; adjusting the organisation of work and 
working time; 
8 
- encouraging supporting measures such as those designed to foster greater 
sharing of occupational and social responsibilities; 
- active participation by women in decision-making bodies, including those 
representing workers, employers and the self-employed. (Article 4). 
5.1 Vocational training. Vocational training is the most widespread form of positive 
action and is provided for in all the Member States - indeed in some countries it 
is the only measure. Training of women is a kind of across the board measure 
embracing a large number of the multiple objectives assigned to the positive 
actions. 
Hence in France the equality plans focus virtually exclusively on the vocational 
training of women. Such training is provided for by 21 out of the 25 signatory 
firms and in seven firms is seen as a prerequisite for promotion measures. 
Likewise, in the United Kingdom, positive actions mainly consist in training 
measures for men or women in the event of under-representation in a given 
employment sector. As in Greece and in Portugal, their objective is also to 
provide specialisation designed to facilitate integration or reintegration of women 
in the labour market. In Spain, there is a fund for recruiting women aged over 25 
returning to work after an interruption of at least five years. 
In Denmark, training programmes are being implemented to ensure the 
requalification of women "blocked" at a certain level of responsibility or 
competence. In Ireland, training is seen as a way of securing the penetration of 
women into traditionally male preserves, such as electronics, aircraft maintenance, 
welding, etc. Where, as in Greece, women make up a large proportion of the 
agricultural population, the objective of training measures is to facilitate the 
creation - by the women themselves - of their own cooperatives with the aid of 
management courses. 
If the emphasis on training is helping to bridge the gap between men and women 
as regards access to vocational training programmes, focusing on women's 
qualifications does not necessarily lead to desegregation. Hence in France there 
are real "overqualification policies" in the public and private sectors in that - in 
practice - women need better credentials than men, notably in the higher 
echelons.9 
In Belgium, sectoral agreements establishing a fund to finance vocational training 
and integration projects give priority to long-term unemployed (who are mainly 
female) and allow the financing of positive action projects. 
In addition, it must be pointed out that an important step forward has been made 
by means of measures jointly financed by the Member States under the 
Community NOW initiative to promote training and employment for women. This 
Structural Fund initiative (Community joint financing of ECU 153 million for 
Ibidp 131. 
1991-1994) has highlighted three important measures proposed in the 
recommendation: diversification of occupational choices, employment for women 
in sectors with potential for the future and the promotion of accompanying 
measures. 
5.2 Women candidates, and the recruitment and promotion of women. We know that 
women encounter great resistance both in entering male-dominated sectors and in 
breaking the "glass ceiling", the invisible barrier which prevents them from 
accessing senior posts even in sectors where women are highly concentrated. 
To break this "glass ceiling", the effects of which are so profoundly felt by 
women, measures have been taken in the public sectors in Belgium, Ireland and 
the United Kingdom in order to ensure female representation on recruitment and 
promotion committees. In Denmark, an agreement was made in 1991 by which 
the partners commit themselves to encouraging a more equitable sex ratio in 
trades and jobs in which training and recruitment have a gender bias. 
In Germany a similar measure was adopted in the context of the Land of Bremen's 
Law on equality which stipulates inter alia that in the event of appointment to a 
higher grade, women have to be given priority if they have equal qualifications 
and if they are under-represented; women are considered to be under-represented 
if they do not represent at least half of the staff in the different grades in the 
category of personnel employed by a service, and the same applies to the 
operational levels as described in the organisation chart10. 
The fight against the concentration of women in certain sectors or jobs11 and its 
corollary, diversification in their career choices, is particularly critical in a context 
characterised by the introduction and spread of new technologies. In Germany, 
where women are concentrated in sectors which are highly sensitive to 
technological innovation (insurance companies, trade, banks, etc.) more than 70% 
of their tasks are capable of being automated and consequently they are liable to 
be made redundant. It has often been noted that jobs generated by new 
information and communication technologies may undermine work organisation 
rigidities and the occupational segregation under which women suffer. Indeed, the 
skills required by these technologies are not sex-specific. 
A request for a preliminary ruling on the conformity of this provision with Article 2 (4) of Council 
Directive 76/207 of 9 February 1976 on the implementation of the principle of equal treatment for men 
and women as regards access to employment, vocational training and promotion, and working 
conditions is currently before the Court of Justice - Case C-450/93, Dipl.-Ing. Eckhard Kalande v. Freie 
Hansestadt Bremen. (Advocate-General Tesauro is expected to present his conclusions on 16 February 
1995.) 
The sectors with most women are administrative personnel and services: both include a large number 
of occupations in which the proportion of women exceeds 40% - see "Women in the European 
Community", 1992, op.cit., p. 147. 
10 
Hence one might expect that computer jobs would be free of occupational 
segregation. However, the fact is that women are also under-represented in these 
jobs in all the Member States12, even within organisations using new 
technologies13. As we can see, gender is a powerful organising principle of work 
for men and women which withstands technological revolutions. 
In Spain, in the context of a first action programme, there was a specific project 
whose objective was to facilitate access of women to the labour market through 
vocational trainingr The approach was oriented to target groups, viz. women 
returning to work after an absence of at least five years, women seeking work in 
occupations in which women are under-represented and, finally, women in need 
of vocational retraining. In Denmark, the focus was on long-term unemployed 
women who are given individual assistance in order to direct them to stable jobs. 
With regard to the active participation of women in decision-making bodies, while 
the replies to the questionnaire sent out by the Commission unfortunately give 
insufficient information to determine the level of development in the Member 
States of the European Union, It can be pointed out that in the White Paper on 
Social Policy the Commission stresses the need for a careful analysis of the 
institutional obstacles impeding or preventing proportional representation of 
women in public and political organisations, including those of the social 
partners14. 
5.3 Adapting working conditions; adjusting the organisation of work and working time 
Endeavours to adjust working conditions and organisation of work and working 
time have mainly taken the form of more flexible use of human resources. It 
seems that most of the Member States have begun to systematically deregulate the 
labour market in order to reduce fixed labour costs. However, the upshot has 
rather been to reinforce segregation (mainly vertical) of women in the labour 
market. 
In the United Kingdom the proliferation of flexible forms of work (part-time, 
temporary, job-sharing, home working, school time working, flexitime) is claimed 
to foster better reconciliation of women's family life and work and is supported 
by the government. In Ireland, job sharing or flexitime arrangements between two 
persons for a single job (for half salary) are permitted for a maximum of one year. 
Although these possibilities are offered both to men and women, it is mainly 
women who opt for them, hence abandoning part of their income (and thus their 
financial independence), a certain degree of job security and promotion 
opportunities. 
"Occupational segregation of men and women in the European Community", op. cit., p. 77. 
"Skill shortages, women and the new information technologies", Commission of the European 
Communities, 1992, p.8. 
COM (94) 333 of 27 July 1994, Chapter V. 
11 
With a view to rendering the organisation of working time more compatible with 
family life, part-time work has become remarkably popular in Germany. This form 
of flexible employment is encouraged in particular by the government, both in its 
capacity as civil - service employer and also by amending labour and social 
legislation on part-time workers. In most Member States, part-time workers have 
the same rights as full-time workers. Belgium, France, Spain, Greece, Italy and 
Luxembourg have adopted statutes extending to part-time workers the same degree 
of social protection as full-time workers. However, although part-time work 
encourages women to go out to work (particularly because such arrangements 
make it easier to combine private life and work), it has not been accompanied by 
a reduction in sexual segregation in the labour market. 
In Italy, initiatives have been taken at local level (in Emilia Romagna) with a 
view to coordinating the planning of opening hours for certain services - in the 
public and private sector - including services in the social, educational, health and 
cultural fields, as well as shops, to meet users' needs, taking into account their 
work responsibilities. This is a response to the failure of services and institutions 
to accommodate the needs of certain citizens, notably women. Here the 
reorganisation of working time did not take the usual form of part-time work, but 
rather a redistribution of working time and reorganisation of municipal life. The 
idea is to provide inhabitants with more time and opportunities by reconciling 
"individual" time and "social" time so that services are better attuned to the needs 
of all citizens. 
Reorganisation of working time and reconciliation of the public and private 
spheres are intimately linked. And in the light of the possibilities offered by part-
time work or job sharing, the Member States have also adopted a whole new 
range of leave arrangements. 
5.4 Reconciliation of work and family responsibilities 
Luxembourg is currently developing a network of infrastructures for childcare and 
for supervising adolescents (traditional day care centres, open-door day care 
centres, nurseries, etc, ). In the Netherlands, the government emphasises the 
priority of this infrastructure and sees it as the joint responsibility of government, 
parents and the social partners. 
At the moment few men take leaves "for family reasons" whether for relatively 
short periods (2 to 3 days in Spain and France), for longer periods (10 days 
during the 14 weeks following birth in Denmark - 10 days, two, three or four of 
which are paid depending on the sector concerned in Belgium) or in the form of 
parental leave (all Member States save Ireland, Luxembourg and the United 
Kingdom). It seems that a certain number of conditions must be met before men 
will be tempted to take "leave" in significant numbers - notably as regards pay 
(since women on average earn less than men), duration of leave, and flexibility 
(for example the possibility of working part-time) and non-transferability15. 
See the network for child-care and other measures designed to reconcile occupational and family 
12 
The proposal for a Council Directive on parental leave and leave for family 
reasons16 lists the criteria for according parental leave, including the mention that 
this right of the worker to parental leave should not be transferable. This is an 
essential guarantee if the objective of a better sharing of family responsibilities 
is not to stymie the objective of equal opportunities. Greece and the Netherlands 
are the only Member States in which parental leave is an individual right (each 
parent has the right to take the full period of leave), and hence cannot be 
transferred from one spouse to another. In Italy, however, this right is granted 
only to mothers who may, if they wish, transfer all or part of it to the father. 
Likewise in Spain, maternity leave was extended to 16 weeks in 1989, of which 
only the last four may be taken by the father. In Denmark, the initial period of 10 
weeks is a right accorded to the family, and since 1992 it may be extended in the 
form of non-transferable individual leave. 
Hence parental leave is mainly used by women and has unintended effects on 
their employment and remuneration, by blocking their career perspectives more 
than it fosters equality of opportunity at the workplace. It has to be recognised 
that most of the Member States seem satisfied with the situation. 
5.5 The war on stereotypes. Stereotypes which predetermine the distinction between 
female and male employment have led certain governments (Germany, France) to 
take action in the field of education and in the form of information campaigns 
intended for teachers, parents and naturally young girls themselves with a view 
to expanding their occupational choices. This is an uphill struggle and sometimes 
involves revising training material in order to purge all sexual stereotypes 
(Denmark, France, Ireland, Luxembourg). 
In Belgium, the Secretary of State for Social Emancipation has organised 
awareness-raising campaigns in conjunction with the Ministers for Education and 
has supported pilot projects relating to the war on stereotypes in vocational 
guidance and in schools. In Denmark, the Equal Opportunities Council has issued 
a certain number of recommendations on how to encourage anti-sexist education 
both for boys and girls. This has taken the form of courses intended for young 
girls on the social construction of differentiated gender roles with a view to 
motivating girls and boys in such a way that their interests and educational and 
job choices will be not be shackled by taboos and received ideas. In the same 
context, organisations responsible for equal opportunities, in cooperation with 
training organisations, have implemented training programmes focusing on 
unemployed women in domains in which there is a demand for labour as well as 
in traditionally male jobs (bus drivers; painters ... in Greece or construction and 
transport ... in Spain). 
responsibilities, "Leave arrangements for workers with children. A review of leave arrangements in the 
Member States of the European Community and Austria, Finland, Norway and Sweden", January 1994. 
Presented by the Commission to the Council on 24 November 1983, COM (83) 686 final. This 
proposal received a favourable opinion both from Parliament and the Economic and Social Committee. 
It was discussed at Council from November 1983 to December 1985. The proposal is still before the 
Council, OJNo C 333/6, 9.12.1983. 
13 
5.6 Sexual harassment. To date only a minority of countries (Belgium, Denmark, 
Spain, France) have adopted a legal definition of sexual harassment17 as unwanted 
conduct of a sexual nature or other conduct based on sex of a verbal or physical 
nature affecting the dignity of woman and man at work. Hence they take up the 
definition formulated by the Community in its instruments adopted after the 1984 
Recommendation18. Apart from France and Belgium, which have adopted laws 
against sexual harassment (such a law is currently being drafted in Germany), in 
the other Member-States the measures have been integrated within statutes against 
sexual discrimination (Ireland, Netherlands, United Kingdom), or fall within the 
ambit of general clauses contained in the civil code (Spain, Italy, Portugal). Only 
France and the Netherlands provide a definition which includes the notion of 
"abuse of authority" and take into account the hierarchical status of the harasser. 
6 CONCLUSION 
Ten years after adoption of the recommendation, positive actions have become an 
important tool in national policies designed to ensure equal opportunities. However this 
report reveals the diversity of national legal and political frameworks, of implementation 
procedures, of the degree of involvement of the social partners, and the forms they take... 
While therefore it is evident that there has been a notable increase in the number and type 
of positive action initiatives undertaken since a first report on implementation was 
presented by the Commission to the Council in 1988, it is equally clear that much 
remains to be done to achieve both a more vigorous and a more systematic approach to 
implementation of the Recommendation. 
The effectiveness of the Recommendation as an instrument for achieving significant 
change in the situation of women on the labour market is therefore a matter which the 
Commission would wish to continue to keep under careful review and would propose, 
inter alia, to submit a further implementation report to the Council in five years' time. In 
the light of the information provided by the Member States, it would appear that future 
initiatives in the field of positive action might continue to follow both a legal and a 
promotional route. These two approaches have in practice proved to be complementary 
and, indeed, mutually reinforcing. 
6.1 The legal dimension 
The Commission has to recognise at this stage that, despite progress to date, there 
remains a degree of confusion surrounding the definition of positive action, which 
has the potential to act as a deterrent to those who might contemplate positive 
17 
IX See the report of the Committee on Women's Rights on a new post of "confidential counsellor" at the 
workplace, PE 204. 884/Fin. 
Recommendation of 27 November 1991 on the protection of the dignity of women and men at work 
(92/13 l/EEC). Council Declaration of 19 December 1991 on the implementation of the Commission 
recommendation on the protection of the dignity of women and men at work, including the code of 
practice to combat sexual harassment (92/C 27/01). Council Resolution of 29 May 1990 on the 
protection of the dignity of women and men at work (90/C 157/02). 
14 
action measures. As part of its preparations for drawing up a fourth medium-term 
Action Programme on Equal Opportunities for Women and Men, the Commission 
will therefore give consideration to seeking to clarify the meaning and scope of 
Positive Action, within the framework of this future Programme. 
If, as we have seen, all the Member States today encourage positive actions in 
favour of women workers, such a policy must be furnished with adequate 
resources and an administrative framework to develop equality of opportunity. 
More effective implementation of the Recommendation means that the Member 
States must supplement already existing legislation with standards that ensure 
adequate monitoring and penalties. 
Positive action programmes cannot be efficiently or effectively implemented 
unless companies first conduct a comparative study of the respective situations of 
their male and female workers (regarding recruitment, qualification, promotion, 
salary, access to vocational training, classification systems). Reports of this kind 
must be submitted annually by Belgian, French and Italian firms. This is an 
instrument which may serve as'inspiration for all the Member States. 
It is also important to develop a "policing" system to ensure that firms properly 
perform their obligations. Options in this context could include the concept of 
contract compliance, insertion of enforceable social clauses into contracts and 
agreements, state aids, financial measures, public procurement... For example, one 
could draw inspiration from the Italian model where, as we have already said, the 
law provides that, if a firm fails to submit a report on the comparative situation, 
the courts are authorised to impose a fine and, in more serious cases, to suspend 
all financial aid which the company would have been entitled to. 
With a view to aiding and encouraging employers to carry out their obligations 
in regard to equal opportunities for men and women workers, one should consider 
reinforcing the role of the equal opportunity agencies, whose powers are all too 
often restricted to consultation, on the basis of measures already adopted by 
certain Member States. 
In the United Kingdom the statutory body responsible for sexual equality has been 
given the power to undertake formal investigations in cases where an employer 
appears to be in breach of the requirements of the national legislation on sex 
discrimination relating to pay. In Italy, when an employer is found guilty of 
collective discrimination, even if the employees discriminated against in this 
manner cannot be identified immediately and directly, the equal opportunities 
counsellor at regional level is empowered to file proceedings19. Applied to the 
concept of "collective discrimination" (or systematic discrimination), the role 
which French law bestows on trade unions could be extended to bodies 
responsible for equal opportunities. In France, the firm's representative trades 
unions are empowered to bring proceedings in favour of workers of either sex, 
19 Article 4 of the law of 10 April 1991 "Azioni positive per la realizzazione della parita uomo-donna nel 
lavoro". 
15 
without ä mandate from the interested party, provided he or she has been 
informed in writing and has not objected within fifteen days of the date on which 
the trade union notified its intention. 
Finally, penalties are currently too mild and heterogenous to systematically 
vouchsafe good compliance with national laws or provisions in regard to positive 
action. Thus it would be interesting if the courts could in certain cases require that 
the company implement a positive action programme, as in Italy. This is a good 
example of "a positive sanction" in regard to the existence or persistence öf 
collective of systematic discrimination. 
6.2 The promotional dimension 
Efforts to clarify the law and to reinforce the structural framework within which 
positive action measures may develop are both valuable options in seeking to 
achieve more widespread and incisive application of the Positive Action 
Recommendation. In order to contribute significantly to progress in achieving 
equality of opportunity for men and women on the labour market, however, such 
efforts must be accompanied by sustained strategies to promote positive action as 
an indispensable instrument for effective human resource management. 
This report has identified a crucial need for on-going monitoring of the 
development and implementation of the existing legal procedures in relation to 
positive action. In this perspective, awareness and information measures need to 
intensified. Therefore, the Commission will continue to encourage and support 
activities designed to raise awareness and to disseminate example of good 
practice. 
The Commission will also lend its continued support to transnational positive 
action projects and information exchanges by the Social Partners and by individual 
employers and trade unions and will reflect and consult on the strategic approach 
to positive action which might be adopted at European level during the period of 
a Fourth Action Programme on Equal Opportunities for Women and Men. 
Given the growing body of opinion which recognises that redressing inequalities 
and providing equality by means of positive action, as well as being justified on 
grounds of fairness, also makes sound economic sense, Member States may wish 
to consider the adoption of medium term positive action plans fixing qualitative 
as well as quantitative objectives adapted to the national and, where appropriate, 
regional situation. Mainstreaming equality of opportunity into relevant economic 
and social policies, including the Structural Funds, could be a major element in 
such plans. 
In order to ensure a more dynamic approach to positive action as envisaged by the 
Council Recommendation, such plans could also pay attention to the means by 
which the interest and commitment of other key players, such as local authorities, 
professional associations, representatives of the social partners, individual 
employers and trade unions might be engaged, with a view to stimulating positive 
16 
action initiatives at organisational level and, acting in partnership, at regional and 
local levels. 
For its part, the Commission reiterates its commitment to promote equality and, 
particularly, to encourage positive action measures within the Structural Funds20, 
the Social Dialogue and its own personnel policies. 
The principle of equal treatment for men and women is reinforced under the 
reorganisation of the Structural Funds. Thus not only must measures financed By 
these Funds respect this principle (among others) but, in addition, measures to be 
supported by the European Social Fund include those aimed at promoting equal 
opportunities for men and women in the labour market, particularly in those 
sectors in which women are under-represented. In consequence, and 
notwithstanding the fact that more than 50% of participants in all measures 
financed by the ESF are women, most of the different Community support 
frameworks for this objective make the promotion of equal opportunities a specific 
priority. This priority takes intp account the unfavourable position of women in 
the labour market and follows integrated training and placement routes, 
strengthening support structures, including the care of dependents, and specific 
guidance and information services. These measures will enable women to widen 
their career choices. They will guide them towards jobs in which they are "under-
represented and improve the employment prospects of the long-term unemployed 
and those returning to work. 
In addition, the new Decision establishing an action programme for the 
implementation of a vocational training policy for the European Community 
(Leonardo da Vinci) also places greater emphasis than in the past on measures of 
specific benefit to women in all categories. 
Recognising that it may be difficult to achieve measurable results when positive 
action initiatives are spread over a vast terrain, thought may need to be given at 
both European and national level to concentrating activity in certain employment 
sectors, for example those mentioned in the White Paper on Growth, 
Competitiveness and Employment as offering particularly promising employment 
prospects, and also in sectors which are undergoing or in future will face 
technological and structural change, including those in rural areas. 
20 See also the Council Recommendation of 22 June 1994 (OJ No C 231, 26.6.1994). 
17 

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