ANNUAL REPORT FROM THE COMMISSION - Equal Opportunities for Women and Men in the European Union - 1996 -
Date: 1997-02-12
Institutions: European Commission
Subjects: equal treatment, female work, gender equality, report, women's rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.02.1997 
COM(96) 650 final 

ANNUAL REPORT FROM THE COMMISSION 

Equal Opportunities for Women and Men 
in the European Union 
-  1996 -

« 

m 

CONTENTS 

FOREWORD 

SUMMARY 

PARTI 

CHAPTER I  BUILDING  PARTNERSHIP IN A  CHANGING SOCIETY 

1.1  Mainstreaming and integration 
1.2 
1.3 

Structural  funds  and equal opportunities 
Social dialogue and social partners 

CHAPTER 2  WOMEN AND MEN IN A  CHANGING ECONOMY 

2.1 
2.2 

2.3 

Equality and economy 
The European employment  strategy and 
national  multiannual  programmes 
Business and women entrepreneurs 

CHAPTER 3  COMBINING  WORK  WITH HOUSEHOLD  LIFE 

3.1 
3.2 
3.3 

The effect  of children on parents employment 
Parental leave 
The  individualisation of rights 

CHAPTER4  PROMOTING  A  GENDER BALANCE IN DECISION MAKING 

The  current situation of women in decision-making 

4.1 
4.2  Why the need for a balanced participation  of women 

4.3 

and  men? 
Strategies for bringing more women  into political 
decision-making positions 
Legislation and  initiatives at European  level 
4.4 
4.5  Women  in decision-making  in European  trade unions 

4  ^ 

4 

c 

9 

9 
15 
22 

23 

23 

36 
48 

51 

51 
57 
64 

71 

71 

74 

76 
79 
84 

•A 

CHAPTER 5  ENABLING  WOMEN  TO EXERCISE THEIR RIGHTS 

5.1 
5.2 
5.3 

Exercising rights 
Enforcement  and remedies 
Current state of community law remedies 

PART 2 

CHAPTER  6  THE ADVANCES OF BEIJING 

6.1 
6.2 
6.3 
6.4 

The Beijing preparatory process 
The conference  itself 
The contribution  of non-governmental  organisations 
After  the conference  itself implementing the platform  for action 

LIST OF TABLES 

LIST OF  CHARTS 

LIST OF  SOURCES 

89 

89 
97 
100 

107 

107 
114 
115 
117 

123 

124 

125 

4  cv 

FOREWORD 

Equal  opportunities  for  women  and  men  is  a  subject  which  has  been  addressed  from  many 
different  perspectives  and  in  many  different  formats. This  report  however  is the first  to  cover 
Community  policy  in  equal  opportunities  as  a whole.  It  is  aimed  at  a  broad  audience,  which 
includes not only those with reponsibility for equal opportunities policy, but also those in charge 
of  employment,  social  affairs,  industrial  relations,  training  and  education  policies  whether,  at 
European,  national  and/or  regional  levels.  This  report  will  also  be  an  interesting  tool  forv 
members of the European  Parliament, the social partners, for academic and research centres, ; 
and all those who are involved in the current debate on equal opportunities. 

The  Commission  intends  to  publish  this  as  the  first  in  a  series  of  annual  reports  on  equal 
opportunities  in the EU. Its aim is to respond to three main goals: to give visible expression to 
community  policy  on equal  opportunities for women and men (visibility), to encourage  debate 
on the progress to be achieved and the policies to develop (strategy), and to act as a reference 
point for the Commission, the Member States of the EU and countries applying for membership 
(convergence). 

This report reviews the advances which have been achieved at the level of Member States and 
the Union, and thereby serves as a monitoring instrument for equal opportunities.  It offers you, 
the reader,  information concerning several subjects related to equal opportunities.  Its structure 
broadly reflects the Fourth Community Action Programme on equal opportunities (first part) and 
deals with five  main themes: building partnership  in a changing  society, women and men in a 
changing  economy,  reconciling  work  and  family  life,  promoting  balanced  participation  in 
decision making and enabling women to exercise their rights. The second part of these annual 
Reports  is  intended to tackle  a specific  and topical  subject  in the  equal  opportunities  debate. 
This  year  the  selected  subject  is  the  United  Nations  World  Conference  on  Women  (Beijing, 
September 1995). 

Substantial  emphasis  is  given  to  Community  and  national  level  trends.  A  balance  between 
these  two  aspects  was  sought.  Information  on  national  (and  regional)  events  was  gathered 
with,  amongst  others, the  help  of  the Advisory  Committee  on  Equal  opportunities  for  women 
and men. I would like to warmly thank the members of the Committee for their co-operation. 

Further  information  on the  integration  of equal  opportunities  into  other  community  or  national 
policies can be found in other annual reports, published by the Commission, such as the report 
"Employment  in  Europe", the  activity  report  of  the  SOCRATES  programme,  the  LEONARDO 
DA VINCI programme or 'Youth for Europe III". 

This  report  will  be  discussed,  at  Community  level,  by  many  actors  involved  in  equal 
opportunities  policies.  I  hope  that  this  report  and  those  which  follow,  will  contribute  fully  to 
progress in equal opportunities for women and men. 

Padraig Flynn 

±1 

SUMMARY 

Equality  between  women  and  men  is  indis 
putably recognised as a basic principle of democ 
racy  and  respect  for  humankind.  Since  its  cre 
ation, the Community has recognised  the princi 
ple of equal pay and, on this basis, has developed 
a consistent set of legal provisions aimed at guar 
anteeing  equal  rights  for  access  to  employment, 
vocational  training, working conditions  and  to a 
large extent, social protection. 

In  order  to  promote  equality  in  practice,  the 
Community  has  implemented  specific  action 
programmes since the 1980s, which, though hav 
ing limited  budgetary resources, have had  a sub 
stantial knock-on effect,  particularly by stimulat 
ing  further  action  in  the  individual  Member 
States.  Furthermore,  the  European  Council 
meeting in Essen (December  1994), declared that 
the promotion of equal opportunities for women 
and  men  was  a  key  priority  of  the  European 
Union and the Member States, on a par with  the 
struggle against  unemployment. 

Indeed, the Commission  has cited the achieve 
ment of equal opportunities  as one of the  major 
considerations  in the development  of all its poli 
cies.  By so  doing,  equal  opportunities  has  now 
become a policy which should  intersect  all other 
policies  -  a  mainstream  policy  which  is  to  be 
applied by all. 

This ambitious approach  was presented  in  the 
Commission  Communication  proposing  the 
Fourth Action Programme on Equal Opportunities 
for  Women  and  Men  (1996-2000),  and  was 
endorsed  by  a  subsequent  Council  Decision.1 
The  adoption  of  the action  programme  was  fol-

1 Council  Decision of 22.12.1995, OJ  L 335 of 30.12.1995. 

ic 

SUMMARY 

aWMMfflMWII 

lowed  in  February  1996  by  a  Communication 
from  the  Commission  on  'Incorporating  equal 
opportunities  for  women  and  men  into  all 
Community policies and activities'.2 

This  annual  Report  on  equal  opportunities  for 
women  and  men  in  the  European  Union  was 
announced in the  1994 Commission White Paper 
'European Social Policy - A Way Forward for the 
Union'.3  It  offers  a  review  of  developments  in 
equality  at  both  Member  State  and  European 
level. As such it may be used as an instrument for 
monitoring  equality  policies  -  an  essential 
requirement of mainstreaming. 

CHAPTER 1 

BUILDING 
PARTNERSHIP 
IN A  CHANGING 
SOCIETY 

Efforts  to  promote  equal  opportunities  are 
being  strengthened  in  many  aspects  of  the 
European  Unions policies and programmes. The 
key  to  this  developing  strategy  can  be  summed 
up  as 'mainstreaming', a concept  that was men 
tioned  in  the  Third  Action  Programme  and  is 
considerably  developed  in  the  Fourth  Action 
Programme. This more global approach to equal 
ity calls for the development of a gender perspec 
tive  and  gender  analysis  of  all  policies,  pro 
grammes and actions. 'Mainstreaming  is defined 
as the systematic consideration of the  differences 
between  the  conditions,  situations  and  needs of 
women  and  men  in  all  Community  policies, at 
the point of planning, implementing and evalua 
tion,  as  applied  to  Europe,  the  industrialised 
countries and the developing countries. 

An application of mainstreaming policy in, for 
example, transport policy means that it takes into 
account  the fact  that women are much more fre 
quent users of public transport and less frequent 
ly  own  or  have  access  to  a  car,  as compared  to 

men. Women also frequently  travel with children 
and use prams and pushchairs. The  development 
of good, efficient  and qualitative public passenger 
transport systems which  take into account acces 
sibility  for  passengers  with  specific  needs  would 
contribute to equal opportunities. 

Over  time, one can  see a greater  emphasis  on 
mainstreaming which does not  imply the end of 
positive  action  policy.  Both  are  complementary 
and  they should  be applied  together. This process 
can be seen not only in the three Community action 
programmes,  but  also  in  development  cooperation 
policy  and 
individual  Member  States. 
Mainstreaming  was also a  key issue at  the  Beijing 
conference  to which  the  Union  made  a  significant 
contribution (see Chapter 6). 

in 

The  implementation  of  a  strategy  of  main-
streaming  is  a  complex  and  long-term  process, 
which  requires  a  diversity  of  approaches.  It 
demands, for example, analysis of the current sit 
uation to establish the differential  impact of pol 
icy on  women  and  on  men,  disaggregated  data, 
funding,  and a gender balance of those who take 
the necessary decisions. 

It demands the mobilisation  of all policies and 
the  improvement  of consultation  and  coordina 
tion  between  all  those involved  in  these policies. 
To  this  end,  the  Commission  has  set  up  a 
Commissioners'  group  under  the  chairmanship 
of  the  President,  to  take  an  overview  of  equal 
rights and  opportunities  for  women  and  men  at 
Union and Commission level. 

The Structural  Funds 

There  has  been  an  overt  equal  opportunities 
dimension  in  the  European  Social  Fund  (ESF), 
the oldest  of the Structural  Funds,  since at  least 
1976  and,  as  for  the  other  funds,  with  each 
review, the equality element has grown. However, 
both  the statements  of policy on  equal  opportu 
nities and the actual delivery of funding  to equal 
ity programmes and actions have remained a very 
small part of the overall picture. Whilst there has 
been  an  undeniable  increase  in  the  number  of 
women  benefiting  from  the  ESF,  most  of  the 

1 COM  (96) 67 final of 21.2.1996. 

' C OM  (94)  333of27.7.1994. 

SUMMARY 

wxxvmv?&m;mtm$m 

training that it provides for women are for tradi 
tional 'women's jobs'. Moreover, lack of  sufficient 
childcare is an obstacle to women's access to these 
training schemes. 

some  measures  to  increase  the  visibility  and 
involvement  of  women  in  agricultural  develop 
ment  are  in  place,  and  others  are  under  discus 
sion. 

With  regard  to  equal  opportunities,  the  most 
visible female element  of the  Funds until  recent 
ly  was  the  NOW  (New  Opportunities  for 
Women) programme, launched during the Third 
Action Programme. Designed to be more flexible 
in criteria and funding,  it had an indirect effect of 
mainstreaming  in  that  it  brought  more  women 
into  the  funding  process,  while  simultaneously 
informing  those who  delivered  the  Funds  in  the 
Member  States about  the  needs, demands, skills 
and capacities of women with whom  they might 
not normally have come into contact. 

From  the  equality  perspective,  perhaps,  the 
most  significant  development  in  the  Structural 
Funds  was  the  1993  revision.  Equal  opportuni 
ties  became  a  principle  running  through  all  the 
three  funds,  the  ESF,  ERDF  and  EAGGF.  The 
1993  revision  also  introduced  specific  reference 
to equality under  Objective 3. 

In  practice,  the  implementation  of  equal 
opportunities  principles  by  the  Member  States 
varies widely. However, all have made efforts;  for 
example, by aiming to benefit  women in propor 
tion  to  their  numbers  among  the  unemployed 
and/or  creating  a  special  budget  for  actions  in 
favour of women. Special actions for women may 
involve support  for  childcare  or dependent  care, 
or measures to make women more competitive in 
the labour  market. 

A seminar  in  Brussels in  March  1996 brought 
together  representatives  from  the  Commission, 
the  Member  States  and  interested  groups  and 
bodies  to  consider  the  Structural  Funds  in  the 
context  of  mainstreaming.  The  Commission 
clearly indicated  that, whilst  the ESF would con 
tinue  to  be  a  major  tool  for  supporting  equal 
opportunities,  the  other  funds  could  provide  a 
significant  input by, for example, providing com 
plementary  infrastructure  such  as  buildings  for 
childcare  services  and  transport.  Women  have 
not  figured  greatly  in  the  specific  use  of  the 
ERDF, and it was made clear that they could and 
should  be  much  more  involved  in  the  planning 
and  delivery  of  regional  development.  Similarly, 

The  effective  use  of  the  Funds  requires  full 
integration  of  equal  opportunities  issues  at  the 
planning stage and also in the measurement  and 
evaluation of the programmes and projects  fund 
ed by them. This will require the involvement of 
those who are familiar with equality issues as well 
as the use of systems which will make it possible 
to evaluate the benefits to women. As a follow-up 
to  this  seminar,  the  Irish  Presidency  proposed  a 
Council  Resolution  on Equal Opportunities  and 
the Structural  Funds. It was adopted  by Council 
on 2 December  1996. 

Social partners  in  the  Fourth 
Action  Programme 

Partnership is a key element of the Fourth Action 
Programme.  The  social  partners  are  specifically 
mentioned  in  the  objectives  of  the  Programme, 
which includes a call for  the 'equality dimension 
to be integrated  into the Social Dialogue both at 
local  and  regional  level,  and  an  undertaking  to 
support  efforts  by the social  partners  to  develop 
Europe-wide  networking.  The  Fourth  Action 
Programme also cites the social partners as actors 
in  the  promotion  of  women's  participation  in 
decision-making. 

A  significant  increase  in  the  influence  of  the 
social  partners  came with  the agreement  on  the 
Social Protocol of the Treaty on European  Union 
in  1992.  The  social  partners  may  negotiate 
'framework agreements' which may ultimately be 
transposed as binding legal instruments. The first 
example of the process was in the production of a 
framework  agreement  on parental  leave (see also 
Chapter  3 and  Chapter  5). ETUC, UN ICE and 
CEEP have now decided to negotiate on another 
issue which is of key importance to equal  oppor 
tunities: flexibility in working  time and  security 
for employees. 

Women  are  under-represented  in  decision 
making in social partner organisations. There is a 
lack of precise statistics, but  it  is clear  that  there 
are very few female general secretaries, presidents, 
or  members  of  executive  committees.  On  the 
employer  side,  women  are  even  less  visible  at 

SUMMARY 

organisations,  there  is a better  representation  of 
women  in  paid  positions  than  in  repHsentative 
bodies. 

Furthermore, both employers and trade unions 
are in  favour  of equal  treatment  for women  and 
men. Some trade unions have instituted  positive 
action measures to address the imbalance between 
women  and  men  in  their  own  structures.  The 
employers'  organisations  recognise  that  there  is 
inequality  and  are  overtly  opposed  to  sex  dis 
crimination, but they doubt the necessity for pos 
itive action. 

The value of increased female representation in 
the  social  dialogue  is  not  just  numerical,  but  is 
also  about  bringing  a  wider  perspective  to  the 
debate and  making sure that  issues which have a 
gender dimension and which may even disadvan 
tage one sex are not  treated as though  they were 
gender-neutral.  This  would  also  contribute  to 
bringing  issues of direct  and  obvious concern  to 
women, like childcare, onto the agenda. 

CHAPTER 2 

WOMEN AND  MEN 
IN A  CHANGING 
ECONOMY 

Gender  differences  are  very  strong  in  the 
labour market and are reflected  in the segregation 
of women  and  men  into different  kinds of work 
and  in the concentration  of women  in  part-time 
and other forms of atypical employment. Women 
and  men  occupy  distinct  positions  in  terms  of 
sectors  of  employment,  occupations  and  also 
employment  status.  A  growing  majority  of 
women  are  employees.  Few  women,  except  in 
agriculture, are employers or  self-employed. 

Educational  qualifications  and  training  are  of 
increasing importance in all countries, as compe 
tition for jobs has intensified  and economic activ 
ity  has  been  restructured.  Securing  skills  and 
qualifications  provides women  with  the basis for 

continuous  employment  in jobs which  are more 
secure, better  paid  and  have prospects  for  career 
development. Their absence exacerbates the mar 
ginalisation  of  women  from  paid  employment. 
Despite  the  growth  of  employment  and  the 
improved  skill  and  qualifications  base  which 
women  bring  to  employment,  women  continue 
to earn significantly  less than  men. The  concen 
tration  of  women  in  low  paid  work,  combined 
with  strong gender  segregation  on  the jobs  mar 
ket has meant  that  the gender  pay gap  has been 
highly resistant to change. 

An  extended  period  of change  has  resulted  in 
inter-generational  differences  between  different 
groups  of  women;  a  process  which  is  likely  to 
continue  for  some time.  But,  generally,  women's 
demand  for  employment  has  been  very  strong 
and  consistent,  even  through  periods,  and 
regions,  of  severe  economic  recession,  as  more 
women  seek  integration  into  the  formal  labour 
force.  Where  employment  growth  has  occurred, 
it  has  predominantly  involved  an  increased  rate 
of employment  among women  in the middle age 
groups. For women, the key sectors for  increased 
employment opportunities are professional,  tech 
nical and  general  service jobs. This  means  that a 
minority of well-qualified  women have secured a 
strong position  in  the labour  market  while other 
women are confined  to lower paid and casualised 
jobs. 

The Essen employment  process has opened  up 
new opportunities for the inclusion of equal oppor 
tunities  in  the  multiannual  employment  pro 
grammes  of  the  Member  States.  A  preliminary 
analysis of the programmes or the Member States 
suggests that  implementation  of equal  opportu 
nities in  the multiannual  programmes  has posed 
a  number  of  initial  difficulties  for  several 
Member  States. Despite  this, there are signs that 
a  number  of programmes  are  beginning  to  take 
account  of  the  differences  between  women  and 
men in the labour  market. 

Increasing proportions  of women  interested  in 
improving  their  labour  market  status  are attract 
ed  by  enterprise  creation,  self-employment  and 
independent  economic  activity.  These  are  some 
of the areas contributing  to employment  growth 
in  Europe. These  programmes  of  local  employ-

SUMMARY 

ment initiatives for women are among the incen 
tives  developed  at  European  level  to  enable 
women to contribute to enterprise creation. 

CHAPTER 3 

COMBINING 
WORK WITH 
HOUSEHOLD LIFE 

With  the care of children  often  seen mainly as 
the responsibility of the mother,  difficulties  with 
childcare  can  be  a  serious  obstacle  to  women 
achieving equality in employment. There are sig 
nificant  variations  in  the  economic  activity  of 
mothers in the different  Member States although 
the level is rising in  all Member  States.  In  a few 
countries,  the  presence  of  children  makes  little 
difference  to women's participation  in  the work 
force; in others participation  rates vary according 
to  the  number  of  children.  Mothers  are  much 
more likely  to work  part-time  than  fathers  (par 
ticularly  in  countries  where  part-time  work  for 
women in general is not  uncommon). 

Variation among Member States is also evident 
in  childcare  services.  Article  3  of  the  1992 
Childcare  Recommendation4  identifies  key  ele 
ments of good childcare services. However,  there 
is a significant  lack  of comprehensive  and  com 
parable data as well as difficulties  in  interpreting 
the  data  that  result  from 
the  very  different 
approaches  to  care  in  the  different  Member 
States. The need for comparative monitoring sys 
tems is a recurrent  demand  within  the  childcare 
debate. 

The  social  partners,  ETUC,  UNICE  and 
CEEP,  made  a  major  contribution  with  their 
Framework  Agreement  on  Parental  Leave,  of 
December  1995, which  was subsequently  trans 
posed into a Council  Directive in June  1996. 

This Directive (see also Chapters 3 and  5) enti 
tles  women  and  men  to  three  months'  parental 
leave after  the birth or adoption  of a child. Much 

of the implementation  of the  Directive  is left  to 
the  discretion  of  the  individual  Member  States. 
Current  provision  of  parental 
leave  varies 
between Member States. 

The  current  Action  Programme  includes  the 
individualisation  of  tax  and  social  security  sys 
tems as another  area  that  might  help  the  recon 
ciliation  of work and  family  life. There  is debate 
and research ongoing into how best these systems 
should  be designed  to  avoid  discrimination  and 
promote equality. 

CHAPTER 4 

PROMOTING 
A  GENDER 
BALANCE IN 
DECISION-MAKING 

Women  remain  under-represented  at  national, 
regional  and  local levels in  all  Member  States  of 
the  European  Union.  There  are  wide  variations 
between  individual  countries,  but  the  average 
representation  in national  parliaments  is only  15 
per cent  (though  this  is an  improvement  on  the 
11 per cent recorded in  1980). The  Commission 
has  recognised  the  problem  and  acknowledged 
that  the under-representation  of women  in deci 
sion-making  constitutes  a  loss  for  society  as  a 
whole and does not allow the interests and  needs 
of the whole population  to be catered  for  in  full. 
The  Fourth  Action  Programme  also  makes  the 
attainment  of a gender  balance in  decision-mak 
ing  one  of  its  main  objectives,  whilst 
the 
European  Parliament  passed  a  resolution  on 
women  and  decision-making  in  1994.  The 
Beijing  Platform  for Action  (see also Chapter  6) 
also included a call for women's full  participation 
in power structures and  decision-making. 

It  seems,  therefore,  that  the  problem  is  well 
understood. Women's under-representation  results 
in a democratic deficit, a serious loss of talent and 

4 Recommendation  on Childcare, OJ  L 123 of  8.5.92. 

SUMMARY 

expertise  and  a  failure  to  engage  with  women's 
particular  concerns and  needs. The current posi 
tion  shows a steadily upward  trend  in  the  num 
bers  of  women  involved  in  political  and  public 
life  -  in  parliaments  (including  the  European 
Parliament), governments  and  regional and local 
politics. 

There is debate on the type and extent of posi 
tive action  which  should  be  taken  to  rectify  the 
situation.  The  notion  of  parity  democracy  has 
not attracted a consensus. Quotas, although used 
selectively  in  some  Member  States,  are  also  the 
subject  of  much  debate.  Targets  and  timetables 
are  not  binding,  but  they  do  raise  awareness  of 
the problem and may help to change attitudes. 

Within  the  framework  of  the  Third  Action 
Programme, the Commission supported data col 
lections  and  analysis  on  women  in  politics  and 
other aspects of decision-making and contributed 
to  the  development  of  suitable  strategies.  The 
'Athens  Declaration' in  1992  marked  the  begin 
ning  of  a  comprehensive  policy  approach  to 
women  in  decision-making.  There  was  Europe-
wide  impetus  in  the  run-up  to  the  European 
Parliamentary  elections  of  1994  to  raise aware 
ness and  support  women's organisations  in  their 
campaigns for greater participation  from  women. 

A range of strategies to achieve gender balance 
in  decision-making  is  being  developed  in  the 
majority of Member States. Research into the sec 
toral  representation  of women  in  industrial  and 
administrative bodies across Europe is being sup 
ported  by the  Commission. There  remains  con 
cern,  however,  at  the  under-representation  of 
women  in  many fields of  social,  economic  and 
political  life,  a  concern  expressed  in  the  Rome 
Charter  of  1996 which was signed  by a number 
of women ministers in European countries. 

There  are other  players in  the development  of 
social policy. Efforts  to attract the attention of the 
social partners to equal opportunities are present 
ed  in  Chapter  1.  Measures  to  improve  the 
involvement  of  the  voluntary  sector  have  been 
developed  as  part  of  a  continuous  process  and 
have  included  the  convening  of  a  European 
Social  Policy  Forum,  which  met  in  Brussels  in 
March  1996.  A  Platform  of  European  Social 
Non-Governmental  Organisations 
(NGOs) 
includes  the  European  Women's  Lobby (see also 

Chapter  5).  The  process  of  civil  dialogue  also 
includes issues of human  rights and  development 
cooperation. 

CHAPTER 5 

ENABLING  WOMEN 
TO EXERCISE 
THEIR RIGHTS 

a 

element 

Equal  treatment  between  women  and  men 
constitutes 
of 
fundamental 
Community  Law. It has developed  from  the iso 
lated  provision  of equal pay for  equal work  con 
tained  in Article  119 of the Treaty of Rome  to a 
fully-fledged  programme  of  equality  measures. 
The  legislative  programme  has  been  interpreted 
and  clarified  by  the  European  Court  of Justice, 
largely  through  references  made  by  the  national 
courts  under  Article  177  but  also  through 
infringement 
the 
Commission  under Article  169. In particular  the 
Court has developed a case law on the concept of 
direct and indirect discrimination in Community 
law. 

brought 

actions 

by 

The European  Union has encouraged and sup 
ported  initiatives  in  the  Member  States  to  make 
women and men more aware of their legal rights. 

The  most  recent developments  of equality law 
include  the  use  of  the  Social  Protocol  of  the 
Treaty  on  European  Union.  Within  this  frame 
work, the social partners have arrived at a frame 
work agreement on parental leave and are consid 
ering the issues of flexibility of working time and 
security for employees, as well as dignity at work. 
In July  1996,  the Commission  published  a pro 
posal for a Directive on the burden of proof in sex 
discrimination cases. 

Despite  the  relatively  comprehensive  legal 
framework  on equal  pay and  equal  treatment  for 
women and  men, there remain  a number of out 
standing  problems 
the  application  of 
in 
Community  law: time limits, the effectiveness  of 
legal remedies and sanctions, and access to justice 

are some of the  problematic  areas facing women 
and men seeking to enforce  their rights. 

CHAPTER 6 

THEADVANCES 
OF BEIJING 

The Fourth United Nations World  Conference 
on  Women  was  held  in  Beijing  in  September 
1995.  It  was  called  to  assess  the  implemen 
tation  of  Forward-looking  Strategies  for  the 
Advancement of Women  to the Year 2000, a text 
agreed at the previous UN  conference on women 
in  1985. Disappointment  at  the extent  to which 
the strategies had  been achieved was felt  interna 
tionally,  in  spite  of  many  advances  made  by 
women in all areas of life and in many parts of the 
world. 

The  European  Union  prepared  for  the  confer 
ence  by  producing  a  number  of  policy  docu 
ments,  by information-gathering,  by  supporting 
conferences  and  by  performing  a central  role  in 
the  UN's  preparatory  meetings.  Individual 
Member  States also invested  considerable  energy 
in  involving  grass-roots  women's  organisations 
and  other  NGOs  in  the  preparation  as  well  as 
government  and statutory agencies. 

At the conference itself, the Union played a sig 
nificant  and  constructive  role  in  the  negotiation 
of  the  Platform  for  Action.  Many  European 
NGOs,  concerned  both  with  women within  the 
Union and women  in developing countries, took 
part  in a NGO  Forum,  held  in parallel with  the 
main  conference.  It  was felt  that,  on  the whole, 
linkages  and  communications  between  govern 
ments and NGOs  had  improved  over the years. 

Since  the  conference,  the  European  Council 
has agreed  that  it will  review  the  Union's imple 
mentation  of  the  Platform  for  Action  each year. 
The current Action  Programme  on  equal  oppor 
tunities  gives practical  expression  to  the  Union's 
priorities  of achieving  the  goals of  the  Platform, 
emphasising  especially  the  importance  of  main-

SUMMARY 

streaming. A similar emphasis is evident in devel 
opment co-operation, with an insistence on inte 
grating a gender  dimension  into  all  policies and 
programmes and in human  rights. 

In  the  Member  States,  a wide  range  of  infor 
mation dissemination and follow-up  activities are 
being pursued. 

CONCLUSIONS 

The Report concludes that policy in the field of 
equal  opportunities  is  in  a  transitional  phase  of 
renewal. An important  acquis communautaire5 of 
the  Community  relating  to  the  subject  of  equal 
treatment  for  women  and  men  has  been  put  in 
place  both  in  the  law  and  in  practice.  A  new 
debate  has  emerged  on  the  necessity  of  going a 
step further,  by increasing the scope of the actors 
involved. This debate should  lead  to a new part 
nership  contract  between  the  sexes and  to  new 
forward thinking about the status of women at an 
international  level. This  renewal  should  be seen 
as  the  latest  phase  in  the  development  of  the 
equality heritage  in  Europe over  the  past  twenty 
years. 

Implementation  strategies  have  not  advanced 
at the same pace as awareness of the need for new 
methods and  approaches  to equal  opportunities. 
Mainstreaming  gender  into  all  policies  and  pro 
grammes is along term task which will only grad 
ually yield results. 

This  report  has  found  that  the  diversity  of 
women's  situations  is  increasing  and  that  new 
strategies  to  develop  equal  opportunities  at 
European  level  will,  in  the  future,  have  to  take 
account of the differences  between women as well 
as the disparities between women  and  men. This 
latter  factor  will  add  to  the  complexity  of  the 
challenges which must be faced  in order to devel 
op an effective  gender perspective. 

' Acquis communautaire: A French  term  relating to basic 

principles of European  law. 

nssawz&itxa 
7 

*K<&ïœ-xœœ:^v%œnrmwMmiMmmm 

CHAPTER 1 

BUILDING PARTNERSHIP 
IN A  CHANGING SOCIETY 

MAINSTREAMING 
AND INTEGRATION 

Since  its creation,  the  Community  has  recog 
nised  the principle  of equal  pay for  women  and 
men and, on this basis, has developed a consistent 
set  of  legal  provisions  aimed  at  guaranteeing 
equal rights for access to employment, vocational 
training,  working  conditions  and  to  a  large 
extent, social protection. 

In order to contribute to promoting equality in 
practice,  the  Community  has  implemented  spe 
cific action  programmes  since the  1980s, which, 
though having limited  budgetary resources, have 
had  a substantial  knock-on  effect  particularly by 
stimulating further  action  in the Member States. 
These  programmes  funded  positive  actions  and 
pilot  projects  which  extended  the  Community's 
field  of action to the reconciliation of family and 
working  life,  women's  role in  the  decision-mak 
ing  process,  the  participation  of women  in eco 
nomic life and employment. A determined  effort 
must be made to pursue and  intensify  the action 
already  taken.  The  Essen,  Cannes  and  Madrid 
European  Council  have  stressed  that  promoting 
equal  opportunities  for  women  and  men  is on a 
par with the struggle against unemployment, as a 
priority of the European  Union and the Member 
States. The Union's commitment  to this objective 
was also given a practical expression  in the active 
role it  played  at  the  United  Nations  Conference 
held in Beijing in September  1995. The Commission 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

has cited the achievement of equal opportunities as one 
of die major considerations in the development of all 
its  policies.  By so doing,  equal  opportunities  has 
now  become  a policy which  should  intersect  all 
other  policies  - a mainstream  policy which  is to 
be applied by all. 

Action  to  promote  equality  requires  an  ambi 
tious  approach.  This  involves  not  restricting 
efforts  to  the  implementation  of  specific  mea 
sures  to  help  women,  but  mobilising  all general 
measures and policies specifically  for the purpose 
of achieving equality. 

To contribute to these efforts,  the Commission 
proposed  in July  1995 a new equal opportunities 
action  programme.1  The  Council  Decision2 
establishing  this  action  programme,  reinforces 
the aim of better  integrating equal  opportunities 
into  the process of preparing, implementing and 
monitoring all policies, measures and activities of 
the European  Union  and  its Member States. 

The principle  of  mainstreaming 

This  decision  was  followed  in  February  1996 
by the adoption of a Commission Communication 
'Incorporating  equal  opportunities  for  women 
and  men into all Community policies and activi 
ties',3  which  makes  explicit  the  mainstreaming 
strategy  adopted.  It  underlines  that  the  promo 
tion  of equality does not  only require the imple 
mentation  of  positive  measures  targeted  at 
women,  but also measures aimed at adapting the 
organisation  of society  to  a fairer  distribution  of 
men's and women's roles. It states that 'the princi 
ple  of  "mainstreaming"  does  not  mean  simply 
making  Community  programmes  or  resources 
more accessible for women, but rather the simul 
taneous  mobilisation  of legal instruments, finan 
cial  resources  and  the  Community's  analytical 
and  organisational  capacities'. This should  act as 
an  impetus  to  take  the  possible  effects  on  the 
respective  situation  of women  and  men  (gender 
perspective)  into  account  in  all  policies,  right 
from  their  planning  stage.  In  this  respect,  it  is 
both  necessary and  important  to  base the policy 
of equality between women and men on a sound 
statistical  analysis of the situation  of women and 
men  in various areas of life and  in the context of 
the changes taking place in societies. 

The  Commission  has  defined  mainstreaming 
of equality as the systematic consideration  of the 
respective  priorities  and  needs  of  women  and 
men  in  all policies and  measures.  Differences  in 
the  conditions,  needs  and  situations  of  women 
and  men  involve  differences  in  status,  access  to 
resources  and  development,  control  of  assets, 
decision-making  powers  and  differences  in  how 
women  and  men  are perceived. Ascertaining  the 
existence  and  extent  of  such  differences  is 
described as gender analysis. The development of 
an  understanding  of  such  differences  and  their 
policy implications  can  be described  as a gender 
perspective. 

The strategy to promote this approach  consists 
of ensuring  that  equal  opportunities  are  applied 
horizontally  across  the  widest  possible  range  of 
fields.  The  strategy  simultaneously  implies  that 
equality concerns figure at each point  of the pol 
icy cycle in those same  fields. 

Mainstreaming  is,  in  this  sense,  complemen 
tary to positive actions which  have an  important 
function  in  promoting  the  visibility  of  women 
and  in  tackling  the  gaps  between  women  and 
men in areas such as access to vocational training, 
and  employment.  Mainstreaming  has  a  role  in 
promoting women's  involvement  in fields which 
were  previously  thought  to  be  neutral  in  out 
come, but which  in effect  have different  impacts 
for women and  for  men. 

The concept  and  practice of mainstreaming  in 
relation  to  equal  opportunities  has  developed 
gradually.  This  development  was  built  on  the 
work  carried  out  both  within  the  framework  of 
the Third Equal Opportunities Action Programme, 
and  also from  the lessons of Commission  action 
in development  cooperation. 

It  also  echoes  the  introduction  of  the  main-
streaming principle in respect of other Community 
policies, such as environment policies. 

The  move  to  such  a  global  and  integrated 
approach  to  equal  opportunities  is  reflected  in 
international  organisations  concerned  with  the 
status  of  women.  The  United  Nations  Fourth 

1 COM(95)  381 final of  19.7.1995. 
1 Council Decision of 22.12.1995. OJ L 335 of 30.12.1995. p.37. 
JCOM(96)  67 final of 21.2.1996. 

10 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

BRINGING EMANCIPATION INTO  THE MAINSTREAM: 

THE NETHERLANDS 

Gender  equality in the Netherlands is discussed in reference  to the concept of emancipation.  Emancipation  in the 

Netherlands has always been seen as a multi-faceted  policy. A multi-faceted  policy is one which involves viewing all 

government  activities  from  one single perspective. The  underlying  reason  for  choosing a multi-factorial  policy is 

that emancipation does not merely concern women. It is a process which involves a change in society motivated by 

a critique  of the  relationship  between  the sexes. As early as  1976, the  Emancipation  Council  of the  Netherlands 

stated  in  its  memorandum  that  the  issue of women  is a question  which  is relevant  to  all policies. Therefore,  an 

emancipation policy had to have a place in all sectors and not be housed in a separate sector of society or in a sep 

arate Ministry. A coordinating management committee was set up and a member of Government was appointed  to 

ensure the necessary coordination  and  adjustment. 

As well as a multi-faceted  policy, a sectoral policy was also required. This is a policy which was especially designed 

to support the emancipation process in the community as well as among specific groups of women. This 'twin track' 

policy is still maintained.  In  1985 it was stated explicitly that the aim of the multi-sectorial policy was to integrate 

emancipation  into  everyday policies. The  emancipation  policy should  thus  ultimately become  superfluous.  Until 

this is the case, the coordinating management committee and the designated member of Government will contin 

ue to operate. Their  task is to stimulate, develop and advise. 

The  1992 policy programme continued  along these lines, stressing the need for an integrated emancipation policy. 

All members of Government involved are responsible for the integration of the emancipation policy in their respec 

tive sectors. Each  Ministry  issues a report  for  the policy programme,  dealing with  emancipation  plans  and  infra 

structure for each sector. It is clear that the process of integration is a difficult  one. The ministerial aims and  thrust 

of the emancipation  policy do not  always tie in with  the proposals of the  coordinating  management  committee. 

Existing  resources  such  as  information,  research,  departmental  memoranda  and  contracts,  an  interdepartmental 

emancipation  commission  are clearly not always sufficient  to implement  the policy of integration. 

In  1994, a body was set up  to evaluate the effect  of other policies on women. This body was called  Emancipatie 

Effect  Rapportage (EER). The EER makes it possible to influence other policies and obliges politicians to take into 

consideration the effect  these policies have on both women and the emancipation process itself. On a national level, 

the  recommendations  of  the  EER  have already been  implemented  by  the  Ministry  of  the  Interior  in  relation  to 

reform  of the electoral system. In the Ministry of Education they brought about the modification  of previous poli 

cies in order to avoid their estimated negative  effect. 

In  1996,  the  infrastructure  of all the emancipation  policies has been  undergoing  significant  changes. The  aim  of 

these changes is a stronger  integration  of emancipation.  Up until  now, the official  Emancipation  Council was the 

Government's only advisory body on issues concerning emancipation. The Emancipation Council, like many other 

advisory bodies, was discontinued  in order  to increase the Government's efficiency.  It is still not  clear how aspects 

of emancipation will be integrated  into new advisory boards. The entire support  system for  emancipation  is being 

thoroughly revised. The  new system is intended  to work both  on specialisation  and  integration  for every policy. It 

is also intended  to support  general emancipation policy. The future  role of the coordinating management  commit 

tee for emancipation  should involve even more monitoring, stimulation  and adjustment  of the main policy objec 

tives. 

11 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

FOUR  EU 

PROGRAMMES 

From  legal  measures  to  mainstreaming 

The First Community Programme on the  Promotion 
of Equal Opportunities for Women (1982-1985) was a 
recognition  that  while  legal  measures  were  important, 
there was a need for additional and complementary mea 
sures in the form  of  positive action  in various fields. 

The  Second  Medium-term  Community  Programme 
for Women (1986-1990) continued to develop the imple 
mentation of Directives in a now enlarged Community of 
12 Member States. It widened  the scope of equal oppor 
tunities  to  new spheres  of positive  action  in training,  in 
new  technology,  in  the  reconciliation  of  working  and 
family life and in local development. 

The  Third  Medium-term  Community  Action 
Programme  on  Equal  Opportunities  for Women  and 
Men (1991-1995)  declared itself at a  new stage  in equal 
opportunities  policies  by proposing  a  more  comprehen 
sive strategy' for  action. 

The  Fourth  Medium-term  Community  Action 
Programme  on  Equal  Opportunities  for Women and 
Men (1996-2000)  advances and focuses on the principle 
of  mainstreaming.  It  proposes  that  methods,  strategies, 
models and studies aimed at integrating the equal oppor 
tunities  dimension  into  policies  and  activities  be devel 
oped and promoted  in the Member States. 

The three first programmes were implemented on the ini 
tiative of the Commission. The current  programme was 
proposed  by the Commission  to  the Council  and estab 
lished by a Council  Decision. 

These  programmes  were  supported  by  other  interven 
tions,  such  as  the  creation  of  a  complex  series  of  net 
works, which encouraged  the work of organisations pro 
moting equal opportunities  and  helped  to  identify  good 
practices. 

The Community has also continued  to further  the cause 
of women  and  remove  inequalities  between  women  and 
men through its dialogue with non-member countries, in 
particular  through  its  policies  on  development  coopera 
tion and  the promotion  and protection of human  rights. 

12 

World Conference in Beijing in  1995 adopted a 
position on the integration of a gender perspec 
tive  in  legislation,  public  policies,  programmes 
and projects (see Chapter 6 of the Report). This 
proposal was developed  and  strongly supported 
by  the  European  Union.  The  application  of a 
gender perspective to both development coopera 
tion  and  dialogue  with  non-Member  countries 
has  continued  since  the  UN  Conference  with 
analytical  studies  of  particular  policies.  These 
have included human rights (1995),4 emergency 
and humanitarian assistance (1995) and structur 
al  adjustment  policies  (1995). The  Council  of 
Europe convened a group of specialists on main-
streaming in February 1996 in the context of the 
activities  of  their  Steering  Committee  for 
Equality Between Women and Men. 

Applying 
of  mainstreaming 

the  principle 

Implementing  the  mainstreaming  approach 
requires mobilisation, which is why in  1995 the 
Commission set up a Commissioners' group on 
equal opportunities  for  women  and  men under 
the auspices of its President. The function  of this 
group is to stimulate debate and ensure that the 
concern for equal opportunities  for women and 
men is built  into all  Community  activities in a 
coherent  and  systematic  way.  An  inter-depart 
mental group has been appointed to prepare and 
monitor  this  work,  taking  note  of  initiatives 
planned or in progress, with a view to identifying 
possible  synergies  and  cooperation  between 
them. 

In  the  above  mentioned  Communication, 
which  results  from  this  work,  the  Commission 
has identified  seven areas for  strategic mobilisa 
tion  of  Community  policies  to  foster  equal 
opportunities: employment and the labour mar 
ket; the status of women entrepreneurs; assisting 
spouses  in SMEs; education  and  training; peo 
ple's rights; external  relations;  information;  and 
the Commission's personnel policy. 

The application of the strategy of mainstream 
ing to general policies, programmes and projects 

4 Commission Communication on the external dimension of 

human rights policy. COM(95) 567 final of  12.11.1995. 

BUILDING  PARTNERSHIP  IN A CHANGING  SOCIETY 

FROMWOMEN 

IN  DEVELOPMENT 

TO  GENDER 

AND 

DEVELOPMENT 

The Women  in Development  (WID)  approach, developed in the 70s, concentrated on identifying  the sit 

uation of women, providing information  about women's lives and mobilising women's groups at field level 

all over the world. In its initial phase, the Women in Development  (WID) analysis led to a proliferation  of 

women only projects' or  women's components' in sectoral, sub-sectoral or multi-purpose  projects. 

'Equal-but-outside  characterised these strategies. The initiated projects often  neglected men's crucial posi 

tion  in the control of assets and in decision-making; beside, they were too often  small size, marginal, wel 

fare-oriented  and  linked  to  ministries  and  executing  agencies  that  lacked  the  financial  and  technical 

resources to enable self-sustaining  development  beyond the project context. The inadvertent  result of such 

projects was largely to perpetuate women's isolation on the periphery of main development  efforts. 

Analysis  tools  have  been  gradually  refined,  leading  to  the  Gender  and  Development  (GAD)  approach. 

GAD focuses on the interdependent  relations between women and men  (gender relations), rather  than on 

women per se. The term  gender' refers to socially acquired and culturally specific attributes  distinguishing 

women  and men, while the term  'sex' refers only to physical distinctions. As gender differences  are histor 

ically determined  and culturally specific,  they vary across countries and regions and change over time. 

Gender analysis in programme/project  planning seeks to distinguish the resources, activities, potentials and 

constraints of women  relative to men in a given socio-economic group. The aim is not only to address dis 

tortions and disparities between women and men but also to ensure maximum efficiency  in pursuing devel 

opment goals. 

Following the further  marginalisation of women deriving from  the strict women-only project  strategy, the 

need  was  recognised  for  a  more  global  approach.  Mainstreaming  was thus  developed  as a new  strategy, 

which  aimed at integrating a gender perspective in all mainstream development policies, programmes and 

projects. 

Mainstreaming does not exclude the need for positive action measures, programmes and projects  oriented 

to  the disadvantaged  party  (generally women)  in areas where gender gaps are particularly strong, such as, 

for  example, education  and  training,  access to  credit,  or  areas which,  by their  nature,  especially  concern 

women. These  differ  from  the  earlier  women-only'  approach  in  being  designed  for  maximum  strategic 

effect,  implemented  on  an  appropriately  large  scale  and  intended  as  important  temporary  measures  to 

bridge major  gender  gaps and  bring the disadvantaged  party to a threshold  level from  which  it can  enter 

into  mainstream  tendencies. 

The  Directorate-General  for  Development  (DG  VIII)  considers  these  new  approaches  to  have  major 

importance  for  its policies and actions. 

Source:  Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  on  Integrating  Gender  Issues  in 

Development  Cooperation, COM(95) 423 final of 18.9.1995. 

13 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

CHART  1: LEVELS  OF  APPLICATION 
OF MAINSTREAMING  STRATEGIES 

Policy level 

Methodology 

Design of Policy 

• The development of impact analysis systems 

Revision 

•  Organisation of gender sensitive consultation  mechanisms 

•  Prepare gender-disaggregated data 

•  Risk assessment analysis 

Implementation 

• Awareness plans 

Administration 

• Staff/personnel  information,  distribution 

Monitoring 

• Agreement on appropriate monitoring indicators 

Evaluation and Follow-up 

• New criteria 

•  Collection of gender-disaggregated data 

• Analysis of interaction and coherence with other goals 

•  Use of monitoring data 

Chart  1 illustrates  the levels of policy-making 
at which a mainstreaming strategy can be applied 
and the implications for each level. 

is  a  complex  process,  posing  new questions  at 
each  stage  in  the  cycle  of  policy,  from  policy 
design,  through  implementation  to  evaluation 
and  review.  It  is all  the  more  complex  in  that 
many policies appear gender-neutral at first sight. 
Evidence of the differential  impact of policies on 
women and men may only come to light gradu 
ally, as a consequence of studies which reveal dif 
ferential  access or usage. The relative ease or dif 
ficulty of applying a strategy to implement main-
streaming  depends  on a  range  of factors.  These 
may  include  the  depth  of  inequality  to  be 
addressed  between  women  and men in the field 
of application; the range of methods available to 
apply the strategy; the structures and funds avail 
able for its implementation  and the links estab 
lished  with  women  in  decision-making  bodies. 
Other factors which may have a bearing on appli 
cation  are the gender  balance  between  decision 
makers;  the availability  of  gender-disaggregated 
data for analysis and the historical  investment in 
awareness-raising of the issues, to mention just a 
few. 

14 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

STRUCTURAL  FUNDS  AND 
EQUAL  OPPORTUNITIES 

Structural  policies  constitute 

the  main 
Community  instrument  for  promoting cohesion 
and  solidarity  and  for  improving  employment 
and  integration  prospects.  Increasing the contri 
bution  of  the  Structural  Funds  (European 
Regional  Development  Fund,  European  Social 
Fund  and  European  Agricultural  Guidance  and 
Guarantee Fund) to promote equal opportunities 
is  therefore  of  great  political  significance.  The 
incorporation  of equality  into  structural  policies 
is,  firstly,  a  response  to  the  need  to  reduce  the 
inequalities which exist between women and men 
with  regard  to the  rate of employment,  the level 
of  training,  access  to  the  labour  market  and 
involvement  in the decision-making process. But 
it  is also part  of a desire  to  promote  sustainable 
development,  by combining  job  and wealth cre 
ation with  quality of life  and  preservation  of the 
cultural and natural heritage. 

The European Social Fund was the first fund  to 
take the issue of equal opportunities into consid 
eration.  All  Structural  Funds  have  become  pro 
gressively  involved  in  the  promotion  of  equal 
opportunities. 

All  actions  supported  by  the  funds  can  con 
tribute - at least indirectly  - to  the promotion  of 
equality and most of these actions are designed to 
be of equal benefit  to women and men. However, 
general  measures are not  necessarily gender  neu 
tral. 

The 1989-1993 programming 
period 

The Single  European  Act  led  to  reform  of the 
Structural  Funds  to  make  them  more  efficient 
and  better  coordinated.  The  1988  reform 
brought  new  definitions-  for  the  remit  of  the 
funds.  Five objectives were fixed: 

• Promoting development  and  structural  adjust 
ment of the regions whose development  is lag 
ging behind  (Objective  1); 

• Providing support for regions seriously  affected 

by industrial decline (Objective 2); 

• Combating  long  term  unemployment  (Objec 

tive 3); 

• Facilitating  the  occupational  integration  of 

young people (Objective 4); 

• Adapting agricultural  structures  (Objective  5a) 

and rural development  (Objective 5b). 

The  equal  opportunities  dimension  was  not 
referred  to  in  the  definition  of  these  objectives. 
However,  all  objectives  did  potentially  concern 
women,  as  they  are  numerous  among  the  con 
cerned  target groups and areas. 

This  reform  strengthened  the  intervention  of 
the ESF with  regard  to equal opportunities. The 
ESF  had  been  funding  specific  measures  for 
women  since  1978,  in  particular 
training 
schemes. The  guidelines  adopted  for  the  imple 
mentation  of  the  1988  regulation  introduced  a 
specific reference to women as being among those 
encountering  special  difficulties  on  the  labour 
market. 

Actions implemented  as part of all ESF gener 
al measures  to  train  and  help young  people  and 
the  long-term  unemployed  find  employment 
made  it  possible  to  improve  the  situation  of 
women with regard to employment.  In  addition, 
it  should  be  noted  that  five  per  cent  of  ESF 
appropriations  under  Objective  3  and  4  (that  is 
ECU  380  million)  were  earmarked  specifically 
for operations to help women. 

The  other  Funds  (ERDF,  EAGGF)  have  con 
tributed  in  an  indirect  and  less  concentrated 
manner  to  the  promotion  of  equality, firstly by 
their  general  support  for  development  and  sec 
ondly,  where  appropriate,  by  funding  training 
infrastructures  of complementary social  facilities. 

From  1991 onwards, the persistent segregation 
between  women  and  men  on  the  labour  market 
and the will to give more visibility to the promo 
tion  of equal  opportunities  led  the  Commission 
to  launch  a  specific  initiative  -  NOW  (New 
Opportunities for Women)  - with a Community 
budget  of  ECU  156  million.5  The  innovative 
measures taken under this initiative, as well as its 

sO JC  327 of 29.12.1990. 

?&$$$&$&&&&&&» 

15 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

<$WSfSS8&lfSM8fiSSl9lSIS&&8$SR<S$ 

transnational nature, complemented  those imple 
mented  in  the  Member  States  under  the  CSF 
(Community  Support  Frameworks).  They 
emphasized  certain  types  of  measure  for  which 
the participation rates of women were particular 
ly low: measures involving the setting up of com 
panies, for example. Through NOW, the European 
Regional  Development  Fund  (ERDF)  became 
involved  in  the  question  through  its  funding  of 
childcare facilities. 

Within  the  Member  States  themselves,  NOW 
contributed  to the desegregation of interventions 
in favour of women by mobilising a wide range of 
operators  including  ministries,  local  govern 
ments, professional  associations, women's organi 
sations,  local  development  agencies,  universities 
and  others.  Eight  hundred  projects  were  backed 
by  the  NOW  initiative  and  all  of  them  had  a 
transnational  dimension. 

The  1994-1999  programming 
period 

The  reform  of the Structural  Funds enacted in 
1993 was of crucial  importance  for  equal  oppor 
tunities.  It  marked  a step  forward  in  the level of 
awareness  of  the  issue  by  the  ESF,  but  more 
importantly,  it  positioned  equality  as one  of the 
central themes running through all the European 
Funds, including the ERDF and the EAGGF. 

In its provisions concerning the necessary com 
patibility between the measures financed through 
Structural  Funds and other Community policies, 
the  new  standard  regulation  introduced  for  the 
first time  an explicit  reference  to  equal  opportu 
nities. 

Article 7 of the new Regulations stated:  actions 
funded  by the Structural Funds  or the EIB or any 
other existing financial mechanism must conform to 
the content of the treaties and acts and rulings relat 
ing to them, as well as Community policies,  includ 
ing those relating to rules governing competition,  the 
according of public contracts and the protection  of 
the environment, along with the respect of the prin 
ciple of  equal opportunities  between women and 
men !" 

In  addition,  the  reference  to  equal  opportuni 
ties was reinforced  by the  Regulation  relating  to 
all  operations  implemented  with  ESF assistance. 

For  the  application  of  Objective  3  measures  in 
particular,  the  Regulation  required  a  priority 
intervention, 'to promote equal opportunities  for 
women and men on the labour market, in partic 
ular  in  those employment  sectors  where  women 
are  under-represented,  and  for  those  women 
without professional  qualifications  or who are re 
entering  the  labour  market  after  a  period  of 
absence'. 

Finally,  the principle  of equal  opportunities  is 
mentioned in documents which serve as the basis 
for  different  Community  initiatives  such  as  the 
three  strands  within  the  'EMPLOYMENT'  ini 
tiative  (NOW,  HORIZON,  Youthstart);  the 
ADAPT  programme,  within  which  particular 
attention  is to be paid to measures which seek to 
promote  equal  opportunities 
in  favour  of 
women;  and  through  the  URBAN  programme, 
one of whose objectives  is to set  up  actions  pro 
moting equal  opportunities in problem  areas. In 
the small and  medium  sized  companies  initiative 
(SMEs),  one  objective  is  'to  promote  employ 
ment  for  women  in  small  and  medium  sized 
companies and  to take into account  their  special 
training needs'. 

Objectives 3  and  4 

During  the  present  programming  period 
(1994-1999), the promotion  of equal opportuni 
ties between women and men is referred  to in all 
ESF programming documents, especially those of 
Objective  3. They all include the equality princi 
ple  as  a  transversal  guideline  for  all  actions  put 
forward. 

In  most  countries,  this concern  has also given 
rise to the definition  of a specific policy .axis iden 
tifying  priorities  for  the  use  of  funds  available 
within  the  framework  of Objective  3  (Germany, 
Belgium,  Spain,  Greece,  France, 
Italy, 
Luxembourg,  Denmark,  the UK) and within  the 
'human  resources'  component  of  Objective  1 
(Ireland,  Portugal,  Italy,  Greece,  the  UK  and 
Denmark).  This  transversal  approach  often 
results in aims such as ensuring that women's par 
ticipation  in  the  measures  proposed  will  reach a 
proportion  that is at least equal to their represen 
tation  amongst  the ranks of the unemployed  (51 

•Regulation  2081/93 of 20.7.1993. OJ  L 193 of 31.7.1993. 

16 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

per  cent  in  Denmark,  50  per  cent  in  Finland, 
Sweden and  the Netherlands and  57 per cent  for 
Flevoland  in  East  Netherlands).  Such  quantified 
objectives  have  not,  however,  been  fixed  in  all 
countries and for  all objectives. 

Those  countries  that  have  set  a  specific  axis 
have, for  the most part, dedicated  a limited  bud 
get to it, thus demonstrating that this specific axis 
is considered  a complement  to  transversal  orien 
tation,  presenting  the  advantage  of  visibility  at 
least.  The  choice  of  the  transversal  approach, 
however,  can  in  some  cases  be  accompanied  by 
special measures providing childcare facilities (the 
Netherlands,  Belgium  and  the UK). 

The  introduction  of  the  concept  of  pathways 
to integration  as a result of the experience gained 
under  the  NOW  initiative  and  the  relaxation  of 
the criteria  for  programme  eligibility,  have made 
it possible to formulate  'packages' of personalised 
measures  aimed  at  integration  or  reintegration 
into  the labour  market. 

Specific  measures  aimed  at  women  have  been 
developed  through  the  provision  of  care  for 
dependants and  to develop their level of compet 
itiveness and  employability. These measures have 
included:  the  establishment  of  specific  training 
measures;  business  start-up  training;  dissemina 
tion  of  information;  and,  in  certain  cases, 
through  actions  which  aim  to  change  the  atti 
tudes  of  parents  and  daughters  in  schools,  by 
encouraging  them  to pursue  subject  areas which 
are not traditionally reserved for women. Specific 
training modules for teacher training should play 
a decisive role in this type of change. 

Objectives  1,  2  and  5b 

There are no documents  monitoring  the equal 
opportunities  situation  within  the  framework  of 
Objective  1 or  Objective  5b.  In  Objective  2, a 
questionnaire  was sent  out  to  Member  States at 
the end of  1995. It is concerned with all the pri 
orities  put  together  for  this  Objective,  but  one 
specific series of questions concerns equal oppor 
tunities. The  answers  demonstrate  a  number  of 
diverse trends. 

Many  Member  States  made  no  explicit  refer 
ence  to  equal  opportunities  within  the  frame 
work  of  the  Objective.  Whilst  other  Member 
States did  not  specifically  include  the  promotion 

of  equal  opportunities  amongst  their  stated 
objectives,  they  do  ensure  that  it  is  taken  into 
account through some of the actions they under 
take. 

Denmark and Sweden take equal opportunities 
as a transversal  principle  common  to  all  actions 
funded  within  the framework  of Objective  2. In 
Denmark,  reference  to this principle  is explicitly 
written  into  the  different  programmes  imple 
mented. On the basis that women are more often 
affected  by lack of skills and unemployment, ESF 
funding  is  presumed  to  be  of  more  immediate 
interest to them  and  this, most especially, within 
the framework  of Objective 3. 

For the new programming period  of  interven 
tions in regions undergoing industrial  restructur 
ing  (1997-1999)  the  Commission  has  made  an 
explicit reference to equal opportunities in an ori 
entation  note addressed  to the Member  States in 
April  1996. On  the occasion of the  negotiations 
aimed  at  the  adoption  of  the  programmes,  the 
Commission will strive to ensure that, besides an 
agreement in principle, it will be given real  effect. 

In  Sweden,  the  promotion  of the  principle  of 
equal  opportunities  between  women  and  men 
(and  between  the  young  and  the  old)  is  taken 
into  consideration  for  Objective  2 programmes, 
in the identification  of selection  criteria  for  pro 
jects or through the inclusion of specific measures 
aimed at women. Measures encouraging business 
start-ups, vocational training and the provision of 
counselling  adapted  to  the  needs  of women  are 
part of the programme. 

Furthermore, Sweden has included  the  princi 
ple of equal opportunities  in all its objectives. In 
this  way,  Objective  6,  which  covers  the  very 
sparsely-populated  regions  of  the  north,  is 
designed  to  maintain  the  presence  of women  in 
the area. One of the two strategic objectives  is to 
'preserve the viability of local communities with a 
special  emphasis  on  the  need  to  re-train  women 
and  young  people  in  the  area'.  Other  examples 
also  exist  under  Objectives  4  and  5b.  Some 
approved  actions  include  specific  component 
activities, but  all of them  must  include  quantifi 
able objectives  in terms of equal opportunities. 

17 

BUILDING  PARTNERSHIP  IN A CHANGING  SOCIETY 

BELGIUM  -WOMEN 

IN  THE  ANTWERP 

COMMUNITY 

DEVELOPMENT 

ASSOCIATION 

The  Community  Development  Association  in Antwerp  is for  the  local residents:  the  education  and 
employment projects, the business centre, the rent-a-tool service for building equipment, the job cen 
tre,  the  community  newsletter,  the  technology  centre...  they're  all  there  for  everyone,  for  the  entire 
neighbourhood.  The  CDA  has  no  special  projects  for  women.  However,  ATEC,  the  Antwerp 
Technology Centre  and one of many CDA initiatives, does have programmes  especially designed  for 
women, which are co-financed  by the ESF. 

Technology is fun for women 

One  of  the  most  successful  ATEC  programmes'  is  the  PC  technician  course. Whoever  attends  this 
course, finds  a job afterwards,  but very few women sign up. That  is why ATEC makes a special  effort 
to persuade women  to do so. Staff members address women directly, ATEC publishes  advertisements 
and  articles in magazines - and it appears to be working: in every group of  12 students,  two or  three 
are now women. And these women  immediately find jobs on  finishing. 

Hence  a long  term  initiative  to  attract  young girls' and young women's  attention  in  technology was 
developed. ATEC organises Technical Ten Projects'  for  the  10 to  14 year old age group, in  coopera 
tion with  'Youth and  City'. Teenage girls learn  to dismantle  and  reassemble computers,  or  they con 
struct an automatic watering device for plants. In short, young girls learn that technology can be  fun. 
This approach will, perhaps, only bear fruit  in the long term, but one has got to start somewhere. 

Apart  from  all  this,  there  are of course  the  programmes  that  are traditionally  popular  with  women: 
retraining and further  training for  those who wish to be employed as a secretary, telemarketing cours 
es, administrative clerk courses. 

ATEC created a technician's administration  clerk training programme, especially designed for women 
of ethnic  minorities. Not  only Turkish  and  Moroccan  women,  but  also women  from  Asia, Africa  or 
Eastern Europe attend this course, says Leen Verbist, who is responsible for  the programme. 

The training programme, which  is co-financed  by the ESF has been in operation  for  three years now 
and the results are beginning to show: 50 per cent of the trainees have since found  a job or are taking 
part in further job training. The group consists partly of very young women (18-21 years old) and part 
ly of somewhat older women  (from  27 years old onwards). 

18 

It should be noted that a determined  effort  is 
being made to obtain  a greater  coordination of 
the various Funds' interventions. Particular atten 
tion has to be paid in this respect, for example to 
combined  operations  by  the  ESF,  ERDF  and 
EAGGF, which can help in carrying out measures 
and  providing  facilities  which  make  it possible 
for women to reconcile their working and family 
life  better  (crèches,  kindergartens,  after-school 
activities, adaptation of transport in sparsely pop 
ulated areas). Measures which are directly linked 
to  the  provision  of  infrastructure  for  business 
areas and the creation or maintaining of jobs may 
be of direct benefit  to women entrepreneurs and 
assisting spouses, as well as to the female employ 
ees of the enterprises supported. Generally speak 
ing, operations relating to the adaptation of pro 
local  development  and 
duction  activities, 
improvement of the quality of life do not concern 
solely women but may have a more direct impact 
on promoting equality on account of their prox 
imity effects. 

Besides  addressing  equal  opportunities  at  a 
transversal level in the regionalised programmes, 
which is a matter primarily for Member States in 
the framework  of follow-up of interventions and 
selection  of  projects,  the  conduct  of  specific 
actions remains essential. 

This  is  why  the  Structural  Funds,  through 
community  intiatives  and  pilot  projects  con 
tribute to the development of such actions. 

Community 
and  Pilot  Projects 

Initiatives 

The  new  EMPLOYMENT  Initiative  was 
launched  in  1995 with  a specific  strand  on the 
basis  of  the  experiences  derived  from  NOW. 
Employment NOW will involve 700 projects in 
its first phase. All projects  have a transnational 
dimension and promote exchange of information 
and  often 
transnational  contacts  between 
women. 

initiatives, 

Other  community 

including 
URBAN, LEADER and INTERREG, or pilot pro 
jects funded within the framework of Article 10 of 
the ERDF, are also tools to be used to move things 
along and launch new practices. 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

LEADER  PROGRAMME 

CREATES 

JOBS  FOR  G REEK  WOMEN 
AREAS 
IN  AGRICULTURAL 

The  participation  of  Greek  women  in  'local  action 
groups'  which  implement  programmes  of  agricultural 
development is significant. 

With  the  LEADER  programme,  26  local  development 
companies were created  by which  women's  cooperatives 
could  be  active  in  the  sectors  of  agricultural  tourism, 
small and  medium  size enterprises,  the  improvement  of 
agricultural products, traditional handicraft  and the pro 
tection of the environment. 

In the village of Velvendos in Greece, the women's coop 
eratives  produce  traditional  cakes. This  cooperative  was 
established in  1985 and today has developed  noteworthy 
activities.  It  produces  jams,  marmalades  and  compotes 
and  distributes  them  under  their  own  name  to  food 
stores throughout  the country. The  products  have a tra 
ditional  character,  in  line  with  modern  dietary  require 
ments and are competitive with regard to their  industrial 
counterparts. The  cooperative  has  its  own  facilities  and 
employs 20 women of the village. 

The cooperative has been involved in the following activ 
ities  supported  by  the  LEADER  programme:  market 
research,  participation  in  fairs,  study  of  identity-logo, 
study and designing of packing. 

The  training  seminar  for  members  for  the  Women's 
Handicraft  Cooperative  of  Velvendos  was  part  of  the 
LEADER programme. It concerned the creation of com 
petitive products, the importation  of innovative produc 
tion practices and the increase of sales. 

Another  women's  cooperative  operates  in  the  village  of 
Agios Georgios. In  this small community,  more  than  20 
women  make 
foods,  mainly  noodles 
(petoura).  These  foods  are  produced  with  modern 
mechanical  equipment. 

traditional 

The  community  allotted  the  cooperative  a  deserted 
building which  was restored  for  them. The  project  con 
stitutes  an  important  economic  and  social  factor  in  the 
village. 

19 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

The Commission  has requested  that  particular 
emphasis be placed on the theme of equal oppor 
tunities in  the URBAN  II programme. 

The  LEADER  II  initiative  should  also  bring 
new opportunities, taking into account the expe 
rience  of  LEADER  I  initiative  which  had  given 
women  opportunities  to undertake local projects 
aimed at rural development: tourism, production 
and  marketing  of local  specialities,  the develop 
ment  of small and medium  sized companies and 
the growth of craft  and artisanal activities. 

Among  the  pilot  projects  financed  under 
Article  10  of  the  ERDF  Regulations, 
the 
RECITE  IF  programme,  in  relation  to  the 
encouragement  of  inter-regional  cooperation 
projects,  has  a  budget  which  amounts  to  ECU 
110  million.  The  programme  has,  among  its 
other  objectives,  the  aim  of  'the  creation  and 
development  of  resource  centres  to  increase  the 
value of the work and  the integration  of women 
into economic life'. 

The  orientation  section  of  the  EAGGF  pro 
vides  for  Community  co-funding  of  pilot  pro 
jects.  A  special  programme  for  pilot  projects 
aimed  to  encourage  a  greater  degree  of  female 
participation  in rural development is being set up 
under Article 8 of EAGGF. The programme is to 
receive  ECU  20  million  of funding  for  the peri 
od  1997-1999, and  each year will include a spe 
cial priority area. 

A  seminar  on  Structural  Funds 
and  Equal  Opportunities 

In  its  Communication  on  mainstreaming  of 
1996,  the  Commission  stated  clearly  that  'the 
Structural  Funds may have an effective  contribu 
tion  towards  implementing  the  Union's  and  its 
Member  States'  priorities  of  combating  unem 
ployment  and  promoting equal opportunities  for 
women  and  men'. 

On  7  and  8  March  1996,  a  seminar  on 
'Structural  Funds  and  Equal  Opportunities' 
jointly organised by the Belgian government and 
the Commission  was held  in Brussels: it brought 
together  representatives  of  the  different  depart 
ments  responsible  for  the management  of  funds, 
along with  representatives  of the Member  States 
and  local  authorities,  as  well  as  various  experts 

and  practitioners. The  meeting  revolved  around 
the general theme of 'mainstreaming'. 

The  general  conclusion  of  the  seminar  on 
'Structural  Funds and  Equal Opportunities'  (7-8 
March  1996)  offers  a  summary  of  Community 
possibilities for  the  future. 

The  sharing  of  good  practices  is  one  of  the 
fundamental  components  of the added value the 
Community  has  to  offer.  'The  dissemination  of 
experiences has to be pushed  to the forefront,  as 
has  their  transfer  between  the  Member  States, 
better  coordination  between  pilot  projects, 
Community initiatives and the actions undertak 
en  within  the  framework  of  the  CSFs...  and  an 
enhanced  level  of interaction  between  the  funds 
and for actions involving more than one  fund...' 

The  combination  of Article  10 of the ERDF, 
Article 6 of the ESF and Article 8 of the EAGGF 
was  encouraged  in  order  to  promote  new  ideas 
for  the  launching  of  pilot  actions  along  with 
awareness and information  operations. 

The  participation  in  the  Monitoring  com 
mittees  for  actors  involved  in  the  promotion  of 
equal  opportunities  has  been  emphasised:  an 
active  partnership  arrangement  is  necessary  for 
the  training  and  awareness-building  of  actors 
involved  in  equal  opportunities,  to  ensure  the 
transmission  of  information  concerning  experi 
ences on the ground to the decision-making bod 
ies. The  Monitoring  committees  have a strategic 
role to play in the way these funds  are allocated. 

Evaluation is an essential condition  in provid 
ing quality follow-up. The Commission  wants to 
set up a work group to look into the issue of eval 
uation so as to develop methodological  proposals 
with  the  help  of  experts  which  will  serve  actors 
involved  in  Structural  Fund  initiatives  in  their 
evaluation  approach. 

Following  this  seminar  the  Irish  Presidency 
proposed  to  the  Council  a  Resolution  on  Equal 
Opportunities  and  Structural  Funds.  It  was 
adopted  by Council on 2 December  1996. 

7 OJC 326/9 of 31.10.1996. 

20 

BUILDING  PARTNERSHIP  IN A CHANGING  SOCIETY 

PRIORITY  AREAS  IN 

EMPLOYMENT-NOW 

An  initial  analysis  was carried  out  on  the  basis  of  information  provided  in  the  EMPLOY 
MENT-NOW  Project  Directory (March  1995). 

Business start-ups: 

Nearly  half  of  the  projects  concern  one  or  other  of  the  facets  of  setting  up  in  business. 
Promotion  of  access  to  business  start-ups,  support  services,  training  and  follow-up  can  be 
included in this section. More than 60 per cent of projects in Austria, Greece, Italy, Spain and 
Sweden are involved in this activity. 

Vertical desegregation: 

46  projects  are concerned  specifically  with  the promotion  of equal opportunities  at  the level 
of company directorship. 22 projects target women who are seeking to occupy a higher posi 
tion  within  their  company, and seven projects  develop positive action  programmes.  In  addi 
tion, 44 projects refer to equal opportunities training where target groups include trade union 
representatives, company managers and personnel training managers from  the public and pri 
vate sectors. 

Horizontal desegregation: 

Particular  attention  is paid  to  sectors  which  are expected  to  remain  stable  or  which  present 
growth potential, such as the construction sector, transport or technologies. Many EMPLOY 
MENT-NOW projects take into consideration the use of telecommunications technology and 
computer  technology (73) or the creation of teleserVices (21). 

Validation of women^s skills: 

The projects  tackle this question  from  differing  standpoints. Some of them  develop  method 
ologies which recognise the skills acquired by women outside their basic training or their jobs 
(validation of previous skills-learning). Within  this section, we should include those skills that 
are inherent in responsibilities within the family, such as the handling of multiple tasks, super 
vision and budget management. Certain projects seek to revalue women's work by developing 
training  programmes  which  recognise  women's  skills  and  operate  recognised  qualification 
training in the appropriate sectors (27 projects). Other projects identify new employment sec 
tors and develop professional  profiles which also serve to improve the status of the woman  (39 
projects). 

21 

BUILDING PARTNERSHIP IN A CHANGING SOCIETY 

mitted  itself to providing  technical  and  financial 
support  to  the social  partners, should  they agree 
to  develop  European  networking  and  exchanges 
on equality, which may involve the  appointment 
of new officers  for the purpose. The Commission 
also  undertook  to  monitor  equal  opportunities 
initiatives  in  the  framework  of  the  social  dia 
logue. Numerous Joint  Opinions  have been pro 
duced  by  the  social  partners,  including  one  on 
'Women and Training'. 

The  social  partners  can  contribute  to  the 
Commission's  integrated  policy  for  the  promo 
tion  of  a gender  balance  in  decision-making  by 
improving  women's  participation  both  in  terms 
of quantity  (increasing  the  number)  and  quality 
(increasing women's  influence)  in  policy-making 
at European level (see Chapter 4 ). 

Besides  these,  the  social  partners  at  European 
level have been invited to sit as full members on the 
new Advisory Committee for Equal  Opportunities 
for Women and Men. It is therefore of real impor 
tance  that  women  and  women's  concerns  be 
thoroughly  represented 
in  social  partner 
organisations and social dialogue processes. 

SOCIAL DIALOGUE AND 
SOCIAL PARTNERS 

The  social  dialogue  at  European  level  brings 
together the social partners in a regular and struc 
tured  way.  At  inter-professional  level,  the  three 
major  European  organisations  involved  in  the 
Social  dialogue  are:  the  European  Trade  Union 
Confederation  (ETUC), the Union  of Industrial 
and  Employers'  Confederations  of  Europe 
(UNICE)  and 
for  European 
the  Centre 
Enterprises  with  Public  Participation  (CEEP). 
The  social  dialogue  is also developed  at  sectoral 
level.  The  Commission  also  consults  these  and 
other  organisations  concerned  with  European 
Union  social  policies.  Social  dialogue was legiti 
mated  by  the  Single  European  Act  which  states 
that: 'the Commission shall endeavour to develop 
the dialogue between management and labour at 
European level which could, if the two sides con 
sider it desirable, lead to relations based on agree-
ment'(artll8B). 

The  Social Protocol bears witness to the grow 
ing  importance  of  the  role  being  played  by  the 
social  partners.  Within  the  framework  of  the 
Protocol, UNICE, CEEP and ETUC reached an 
agreement  on  parental  leave  on  14  December 
1995, which led to a Council Directive on 3 June 
1996.* Other  dossiers are being or will be debat 
ed: the flexibility in working time and security for 
employees, the reversal of the burden  of proof in 
equality cases and sexual harassment. 

The  social dialogue is becoming a new area of 
mainstreaming.  In  the  Fourth  Medium-Term 
Community Action  Programme,  the social  part 
ners  are  cited  as  actors  who  can  contribute  to 
equal  opportunities  policies. The  social  partners 
feature  centrally 
the 
Programme which stress the importance of ensur 
ing  that  the  equality  dimension  is  adequately 
reflected  throughout  the  layers of the social  dia 
logue. 

the  objectives  of 

in 

As a measure of action,  the Commission  com 

OJL  145 of  19.6.1996, p.4. 

KBœessssîSîîassïSSSftï 

22 

CHAPTER 2 

WOMEN AND  MEN 
IN A  CHANGING 
ECONOMY 

EQUALITY AND ECONOMY 

In a context of change in both the level and the 
composition  of  employment  within 
the 
European  Union,  the  economic  situation  of 
women  has  undergone  significant  transforma 
tion. Women have increased their role in the for 
mal  labour  market.  Most  of  the  growth  in 
employment  and  unemployment  which  has 
taken place over the last decade in the  European 
Union  has  taken  place  among  women.  As  the 
labour  force  of the European  Union  has become 
increasingly  feminised,  it  has  also  continued  to 
undergo  structural  change.  Service  employment 
has  become  even  more  significant  and,  at  the 
same time, jobs have become more casualised and 
working time more  fragmented. 

Patterns of employment  and  non-employment 
vary  extensively  between  countries,  between 
women  and  men  and  also  between  different 
groups of women. Key factors, such as age, moth 
erhood and educational qualifications,  are linked 
to  significant  variations  in  patterns  of  activity 
rate,  especially  among  women.  Women  tend  to 
occupy  and  move  between  a range  of  economic 
situations  at different  stages of the life  cycle and 
according  to changing economic and  social con 
ditions.  Traditional  definitions  of  employment 
and  unemployment  are  not  in  themselves  suffi 
cient  to analyse the complex and  fluid  economic 
positions of many groups of women. 

23 

WOMEN AND MEN IN A CHANGING ECONOMY 

Underlying  new patterns  of economic  activity 
among women, as well as important  demograph 
ic and social changes, are evident. Reduced fertil 
ity rates, an  ageing population,  smaller  and  dif 
ferent  kinds  of  households  are  all  being  influ 
enced  by,  and  influence  the  way  in  which, 
women participate in economic life. As these fac 
tors  take  effect,  new  variations  emerge  between 
different  generations of women  both within and 
between Member States. 

While patterns of changes are evident, there is 
also much continuity. On  the labour market, job 
segregation  is  pervasive  and  persistent.  Women 
tend  to be crowded  into a narrow range of occu 
pations and areas of employment, primarily with 
in the services sector. 

Women are a key factor 
for growth 

During  the second  half  of  the  1980s, a rising 
employment  level  within  the  European  Union 
coincided with a further shift  in favour of the ser 
vices  sector.  This  employment  growth  was  not 
sustained  and,  in  the  early  1990s,  recession 

brought  a decline  in  the  employment  rate  from 
62 per cent in  1990 (of the working age popula 
tion of  15 to 64) to 59 per cent in  1994 - almost 
a return to the  1985 rate of 57 per cent. A period 
of recovery since  1994 has resulted in job growth 
but,  against a background  of an increased  popu 
lation of working age, the impact on the employ 
ment rate has been minimal. 

Growth in the size of the labour force has been 
a striking feature of change on the labour  market 
of the European  Union over the last fifteen  years. 
But the workforce  of the European  Union  is not 
just growing, it is also changing. A very high pro 
portion  of  the  increase  is  accounted  for  by 
women  and  has  translated  into  a  significant 
increase in women's unemployment  and employ 
ment. Women  now account for  over 40 per cent 
of the labour force of the European Union. Every 
Member State has experienced a disproportionate 
growth  in  the  numbers  of  women  within  an 
expanding workforce, but it has been an especial 
ly  strong  feature  of  those  economies  with  rela 
tively low rates of recorded  female  participation, 
for example in southern  Europe. 

Variations in the rate of employment have been 
accompanied by a continuing shift  from  industri-

TABLE  l 
ACTIVITY RATE OF WOMEN  (15-64 YEARS)  IN THE EUROPEAN  UNION  <%), î ^û  AND  m$ 

100-

80-

60-

4 0-

20-

0 

B  DK  D 

I 
SOURCE:  EUROSTAT  (LFS)  AND  ILO  (A,  FIN,  S ). 

I RL 

GR 

E 

F 

SSSMfcWSSftM&SfciSfiîj 

24 

NOTE:  D  1990  EXCLUDING  NEW  LANDER. 

1995 
1990 

NL 

F IN  S  UK  EU 

Activity  Rates  -  1994*  -  Female 

U***UX 

• ^ K ^^ 

\ 

WOMEN AND MEN IN A CHANGING ECONOMY 

<<>;»; 

t»». 

EUR15  =  4 4 . 8% 

ID  > = 50% 
ID  45-50% 
[~]  40-45% 

E3  <40% 
D  no data available 

*  I R L:  1993 
* A:  1993 

STATISTICS:  EUROSTAT 

MAPS  AND  GEOGRAPHICAL  INFORMATION: GISCO 

al and  agricultural  employment  towards services. 
The  proportion  of  jobs  in  services  has  risen  to 
almost  two-thirds  of  the  total,  while  industry 
accounts for  approximately 30 per cent and agri 
culture  for  only  five  per  cent  of  employment 
within  the  European  Union. This  concentration 
in service employment  is particularly a feature of 
women's  employment  (79  per  cent),  as  both 
industrial employment  (17 per cent) and agricul 
tural employment  (four  per cent) have fallen. 

The  employment  rate  within  the  European 
Union  is relatively low compared  to other  coun 
tries. This  arises from  a  combination  of  factors: 
lower levels of activity rate, higher rates of record 
ed  unemployment,  higher  rates  of  participation 
within  the  educational  system  and  early  retire-

10 

eurostat 

ment. Patterns of activity rates have changed sig 

nificantly over the last fifteen years. Reduced par 

ticipation  rates  amongst  younger  and  older  age 

groups  have paralleled  higher  participation  rates 

amongst women. Emphasis on educational  qual 

ifications on the job market has been reflected  in 

an extended period within the educational system 

among  younger  people.  A  more  widespread 

application of a formal  retirement age, coinciding 

with  a decrease  in  self-employment  and  agricul 

tural  employment  generally, has reduced  partici 

pation rates amongst  the older age groups. 

These overall  trends  in  employment,  however, 

often  conceal  variations  occurring  on  a  gender, 

region  and  country  basis. Against  a  background 

25 

WOMEN AND MEN IN A CHANGING ECONOMY 

fluctuating  employment,  women-  have 
of 
achieved  a  stronger  presence  in  paid  employ 
ment.  For  example,  the  period  from  1985 to 
1995  has  seen  consistent  growth  in  women's 
employment  rate.  Employment  growth  among 
women has been tied to increased rates of partic 
ipation  rather than  reduced  unemployment. 

Womens  employment 
hard  to categorise 

To varying degrees across the European  Union, 
womens  economic  activity  displays  particular 
characteristics.  Women  tend  to  move  between 
categories  of  employment,  unemployment  and 
recorded inactivity to a much greater degree than 
men.  Traditional  categories  of  employed  or 
unemployed  often  fail  to capture the underlying 
nature  of  the  situation  of  European  women. 
Unregistered  employment  and  unemployment, 
involuntary inactivity, underemployment,  irregu 
lar and precarious employment  are all features of 
women's economic position. And these character 
istics are particularly  marked  in those economies 
which  record a low female activity rate. 

Activity  rates  in  the  European  Union  show 
strong  variations  between  women  and  men, 
between  countries  and between  different  groups 
of  women.  Inter-country  variations  are  less 
marked among men. 

A  concentration  of  womens  employment  in 
the  services  sector  is a  feature  of all  European 
Union Member States, with the highest concentra 
tions  evident  in  Luxembourg,  the  Netherlands, 
Sweden, the UK, Belgium and Denmark - almost 
all countries with  relatively high  rates of partici 
pation  generally  among women.  Where  agricul 
tural employment  represents a higher  proportion 
of  employment,  for  example  in  Greece  and 
Portugal,  the concentration  in services  is corre 
spondingly  lower.  Employment  in  industry 
accounts  for  20  per  cent  or  more  of  women's 
employment  in  only  three  Member  States: 
Germany, Italy and Portugal. 

The generation  difference 
among  women 

Strong variations between  different  age groups 
can be seen in activity rates generally, but they are 

nv^v-:;:-:-r  TABLE 2 

:-r-

POPULATION  OF THE MEMBER STATES  Of  THE  EUROPEAN  UNION,  1995 

;  W O M EN 

IH  MEN 

TOTAL 

UNITS:  MILLIONS 

100 

80-

60-

40-

20-

o - Q -: 
B 

DK 

D 

GR 

E 

F 

I RL 

I 

SOURCE:  EUROSTAT 

26 

_ _ D _ D _. I  j:m  J.I  . 
P 
L 

F IN  S  UK 

NL 

A 

WOMEN AND MEN IN A CHANGING ECONOMY 

particularly  marked  amongst  women.  Inter-gen 
erational  shifts  in  the  economic  situation  of 
women  in  the  European  Union  have  intensified 
within  the last decade. A core age group (15-64), 
characterised  by higher  activity  rates, has always 
been  a  feature  of womens  labour  market  repre 
sentation. Nearly 70 per cent of women of prime 
working age, (20-60) are now in the labour force. 

All  Member  States  have  recorded  a  rise  in 
female  activity  rates  in  the  core  or  prime  age 
group and  this has accounted  for over two-thirds 
of  recent  labour  force  growth  in  the  European 
Union.  In  contrast,  male  activity  rates  declined 
through  most  of the  1980s, although  the rate of 
decline has slowed over the last five years. 

Women  over-represented 
in  unemployment 

The  rise  in  employment  within  the  European 
Union  has  been  taking  place  in  parallel  with  a 
high  rate of  unemployment.  The  level of  unem 
ployment  among  women  since  the  early  1980s 
has  been  high  and  rising.  Unemployment  rates 
among women  in  the Community  continue  at a 

level significantly  above that of men,  despite  the 
fact  that  women  have  dominated  new  employ 
ment  growth.  High  unemployment  rates  among 
women  have  occurred  in  Member  States  where 
participation  rates  of  women  are  relatively  low 
(such  as  Spain,  Italy  and  Ireland),  reflecting 
womens  strong  demand  for  greater  integration 
into paid employment.  But high  unemployment 
is  not  confined  to  low  participation  economies. 
France and Finland, for example, also record high 
rates of female  unemployment. 

Long-term  unemployment,  as a proportion  of 
all  female  unemployment,  has  risen  over  recent 
years. In  1990, 41  per cent  of women  who were 
unemployed  had  been  unemployed  for  over one 
year. By 1995, nearly 50 per cent of unemployed 
women  in the European  Union had  been  unem 
ployed  for  over  one year.  Long-term  unemploy 
ment  is  rising  among  both  women  and  men. 
Comparing  long-term  unemployment  between 
women  and  men,  a higher  proportion  of  unem 
ployed women (50 per cent) are long-term unem 
ployed compared with men  (48 per cent). 

Measures  of  unemployment  tend  to  under-
the  level  of  unemployment  among 

record 

TABLE 3 
ACTIVITY RATE OF WOMEN AND MEN (t^H  YEARS)  IN THE EUROPEAN UNION  (%),  W5 

100-

WOMEN 
MEN 

27 

WOMEN AND MEN IN A CHANGING ECONOMY 

women. Under a system of self-categorisation,  as 
is used  in  the  Labour  Force Survey, there  is evi 
dence  that  a  significant  proportion  of  women 
who desire paid employment,  classify  themselves 
as engaged  in 'home duties'. Low levels of regis 
tration of unemployed women also contribute to 
an underestimation  of the level of female  unem 
ployment. 

Non-employment 
a  labour  market  challenge 

A significant  proportion  of women outside the 
formal  labour force may be seen as constituting a 
hidden  labour  supply.  Flows of women  between 
categories,  such  as  unemployed,  engaged  in 
'home  duties', partially  employed  and  employed 
reveal  a  fluid  and  changing  picture  of  women's 
economic position. To get a better picture of the 
economic situation  of women, different  kinds of 
non-employment  (inactivity and unemployment) 
can be explored. 

Patterns of non-employment  differ  significant 
ly  between  women  and  men,  between  Member 
States  and  between  age  groups.  Within  the 
younger  age group,  15 to  24  years, female  non-
employment  (65 per  cent)  is significantly  higher 
than  male  non-employment  (56  per  cent). Less 
than  ten per cent of these are recorded/registered 
as unemployed. Full-time participation  in educa 
tion  accounts for  between  30-40 per cent of the 
non-employed  in  this  age  group,  but  this  still 
leaves  a  significant  level  of  recorded  inactivity 
among young people. Young women account  for 
the  majority  of  those  young  people  recorded  as 
'fully  inactive'. 

Ineligibility  for  unemployment  payments, 
linked  to under-registration  as unemployed, may 
account  for  varying  amounts  of  this 'inactivity'. 
In other instances, unregistered or illegal employ 
ment  may  be  taking  place.  It  is also  likely  that 
discouragement  from  the  labour  market  and 
from  the  educational  and  training  system  has 
resulted  in long-term  inactivity. 

In  the  middle  age  groups,  non-employment 
levels are lower,  but  gender  differences  are more 
marked. 

It  is likely  however,  that  unpaid,  unregistered 
and illegal paid work is being carried out by some 
women who are statistically recorded as 'inactive. 
The level and extent of this is impossible  to esti 
mate. Irregular  paid  work for  varying hours  and 
time periods  carried  out  by women  and  also by 
young people, frequently  lies outside the scope of 
statistical  data.  In  addition,  significant  numbers 
of women are engaged in unpaid community and 
voluntary work,  as well as unrecorded  participa 
tion  in  homeworking,  family-based  enterprises 
and extended family and community support sys 
tems. 

Younger women 
seize educational  advantages 

A  marked  fall  in  economic  activity  rates  has 
taken  place  in  the younger  age group  (under  25 
years)  as  educational  participation  has  risen. 
Among young men a clear fall  in activity  rates is 
evident,  while  among  young  women  a  rise  in 
both  education/training  participation  and  activi 
ty  rates  have  taken  place  at  the  same  time. 
Reflecting a rising activity rate among women of 
all ages, this dual tendency is particularly evident 
in Member States where activity rates have tradi 
tionally been low. 

The  influence 
of the demographic  factor 

A pronounced feature of labour force change in 
the  European  Union  over  the  period  1980  to 
1995 has been the decline in activity rates among 
the  older  age  group.  The  rate  of  decline  has 
decreased  significantly  in  the  latter  part  of  the 
1980s  and  early  1990s,  to  the  point  that  small 
increases have begun to occur in individual coun 
tries, such as Italy. The greater part of this decline 
is  accounted  for  by  the  fall  in  the  numbers  of 
men who made up the large majority  of those in 
the workforce  aged over 65 years. 

Among  the  group  between  50-64  years,  non-
employment  rates  are generally  higher. Two  out 
of every three women and one out  of every three 
men in this age group are recorded  as not  in paid 
employment.  Inter-country  variations  are  very 
pronounced. 

28 

WOMEN AND MEN IN A CHANGING ECONOMY 

NON  EMPLOYMENT AND  INACTIVITY  RATES OF WOMEN AND MEN 
IN  THE EUROPEAN  UNION  (%),  1994 

TABLE 4 
AGED (15-24 YEARS) 

TABLE5 
AGED (50-64 YEARS) 

I 

DK  D  GR  E  F  IRL I  L. NL  A  P  FIN S  UK EU12 

B  DK  D  GR  E  F  IRL I  L  NL  A  P  Fin S  UK EU12 

SOURCE:  EUROSTAT  (LFS) 

NOTE:  N ON  EMPLOYMENT:  UNEMPLOYMENT  A ND  INACTIVITY  AS  SHARE  OF  W O R K I NG 

AGE  P O P U L A T I O N. 

W O M EN  N O N - E MP 

M EN  N O N - E MP 

W O M EN 

INACTIVE 

M EN 

INACTIVE 

AOWHY  RATE OF WOMEN AND  M 

TABLE 6 
AGED  (15-24  YEARS) 

TABLE 7 
AGED (50-64  YEARS) 

DK 

D 

GR 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

SOURCE:  EUROSTAT  (LFS) 

' 

II 

M H M M M M M M N M N M m M M M M M a M HM 

1 

• 

:•.•.•.:>. 

mmmmmmmmmmmmmmÊmmmmmmmmm 

« • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •I 

A 

' 

UK 

; 

EU15 

W O M EN 

M EN 

?9 

WOMEN AND MEN IN A  CHANGING ECONOMY 
<wiw—nrwnn—nnniiiinfinnnn-nTir- r 

" 

Importance  of  educational 
attainment 

Variations  in  employment  and  non-employ 
ment  rates within countries and  among  different 
groups  of  women  are  linked  to  other  factors  as 
well as age. Different  levels of educational attain 
ment  are  often  reflected  in  different  patterns  of 
activity  rates  among  women  in  the  European 
Union.  Higher  rates  of  educational  attainment 
are  generally  matched  with  higher  rates  of eco 
nomic activity. In all Member States women who 
left  school after  completion  of the lower cycle of 
secondary  education  have below average activity 
rates.  At  the  other  end  of  the  spectrum,  above 
average  activity  rates  occur  among  women  with 
university education  in all Member States. 

Taking  the  critical  age  group,  25  to  64 years, 
the  pronounced  impact  of  educational  attain 
ment  among women  may be discerned. 

Women  returning  to the workforce 

Prolonged  absence  from  the  formal  labour 
market,  during  a  period  of  profound  economic 

change and high unemployment,  may discourage 
or  make  it  difficult  for  women  to  re-enter  the 
paid  registered  workforce.  For women  with spe 
cific skills and higher levels of educational  attain 
ment, this transition is more easily accomplished. 
Low grade service employment  is the more likely 
option for women without  such qualifications  or 
alternatively  further  involuntary  inactivity,  per 
haps combined  with  some  unregistered  employ 
ment. 

Structural economic change has had a negative 
effect  on  the  employment  rate  of  the  50-64  age 
group.  High  unemployment  levels  linked  to 
widespread  redundancies  have  been  a  feature  of 
employment change over the last  ten years. Early 
retirement  schemes  may  also  have  encouraged 
older workers  to leave the  labour  market  prema 
turely. Difficulties  of re-entering  the labour  mar 
ket  are  particularly  acute  among  older  workers 
who  have fewer  opportunities  for  retraining  and 
tend  to  be  less  mobile.  In  this  respect,  older 
workers (both male and female)  share some com 
mon  problems  with  women  in  re-entering  fast 
changing labour markets. 

'  •. 

:."•.:.':••:': 

"• :-:";'TABLE Ô•';••:. 
ACTIVITY R£TE OF WOMEN  BY LEVEL OF EDUCATIONAL ACHIEVEMENT 
IN THE EUROPEAN UNION  (%),  1095 

I 

I 

I 

' 
I 

I 

' 
I 

I 

B 

DK 

D 

GR 

E 

P 

I RL 

I 

L 

NL 

A 

P 

F IN 

I 

S 

UK 

EU 15 

0 

20 

40 

60 

80 

100 

SOURCE:  EUROSTAT  (LFS) 

WëÂ  UNIVERSITY 

; 

:  UPPER  SECONDARY 

LOWER  SECONDARY 

30 

WOMEN AND MEN IN A CHANGING  ECONOMY 

&x&si&?,-zM','msm 

The gender  influence 
on  employment  status 

The vast majority  (over 86 per cent) of women 
in  employment  in  the  European  Union  are 
employees.  Just  under  ten  per  cent  are  self-
employed, around  four per cent are family work 
ers.  A  significant  agricultural  sector  is  the  key 
variant in differences  between Member States. 

An  emphasis  on  labour  market  flexibility  has 
brought with it an increase in atypical jobs with 
in  the  European  Union,  a trend which has been 
particularly  evident  since 
the  mid-1980s. 
Atypical  employment  has  been  a  feature  of 
employment growth within  the services sector, in 
particular  where  women  account  for  a  large 
majority  of part-time and  casual workers. 83 per 
cent  of part-time workers,  70  per cent  of  family 
workers and  50 per cent of temporary workers in 
the European Union are women.  By contrast, 75 
per  cent  of  self-employed  workers  are  men  (see 
Chapter 3). 

Highest  rates  of  part-time  employment  occur 
in  the  Netherlands  and  the  UK,  where  67  per 
cent and 44 per cent respectively of women work 

part-time.  Lower rates of part-time  employment 
are found in Belgium, France and Ireland and the 
lowest  rates  in  southern  countries.  Part-time 
work is most prevalent in female-dominated  and 
lower-paid  jobs.  Women  part-timers  are  fre 
quently also on fixed term contracts, an employ 
ment status which is also on  the increase among 
women workers.  15 per cent of women  employ 
ees were on fixed term  contracts  in  1995, com 
pared  to  ten  per cent in  1985. The  incidence of 
fixed term  contract  employment  is  particularly 
high  in  Spain  and  low  in  Luxembourg  and 
Belgium. 

Persistent occupational segregation 

Occupational  segregation  on  the  job  market 
continues to be very pronounced despite changes 
in the structure and level of employment. Gender 
divisions  on  the  labour  market  persist,  and  in 
some  instances  intensify,  in  parallel  with  the 
increasingly service-dominated nature of employ 
ment  in  the  European  Union.  Manufacturing 
employment  traditionally  separated  women  and 
men into distinct sub-sectors and this has tended 
to combine with gender division in the job struc-

TABLE  9 
ACTIVITY  RATE OF WOMEN AND  MEN  (25-64 YEARS), HAVING ATTAINED 
UNIVERSITY  EDUCATION  IN  EUROPE (%), 1995 

. 

100-

80 

60 — 

20—  it—  :.i—;•;• 

0 — B  DK  D  GR  E  F 

IRL 

I 

L  NL  A 

P  FIN  S  UK  N 

SOURCE:  EUROSTAT (LFS) 

N:  NORWAY 

1 11  WOMEN 

MEN 

ÏAWœAa&WS*»* 

31 

WOMEN AND MEN IN A CHANGING ECONOMY 

ture itself. The growing services sector also reveals 
both  new  and  traditional  gender  demarcation 
lines between different  occupations. 

The key occupations for women workers with 

in  the  European  Union  as  a  whole  are:  service 

workers,  clerical  (and  related)  workers,  sales 

workers and  professional,  technical  (and  related) 

workers. All of these are service occupations and 

women account for at least half of the workers in 

these categories, ranging from  50 per cent of pro 

fessional  and technical workers to 66 per cent of 

service  workers.  Other  occupations  are  strongly 

male  dominated;  84  per  cent  of  production, 

transport, labourers (and related) workers, 77 per 

cent  of  administrative  and  managerial  workers 

and 66 per cent of agricultural and related work 

ers. 

Statistical  data  for  southern  Member  States 

reveal a strong gender mix in agricultural employ 

ment,  although  men  are  more  likely  to  be  self-

employed  compared  to  women.  Women  are  far 

more  likely to be family workers, for  example in 

Greece, where  two-thirds  of women  agricultural 

workers are family  workers  (compared  to  15 per 

cent of men). A large portion of these are likely to 
be  unpaid.  A  different  picture  is  apparent  in 
Ireland, where women  hold  only  ten  per  cent of 
agricultural jobs. Yet some common  patterns are 
evident:  over 40  per  cent  of women  agricultural 
workers in  Ireland  are family workers, compared 
to only ten  per cent  of men.  It is also likely that 
unrecorded  economic  activity  as  family  workers 
occurs in  Ireland  and  in  all countries with  a sig 
nificant  agricultural base. 

Female  job  growth  has  been  concentrated  in 
two  occupational  areas:  professional  jobs  and 
clerical jobs.  Increases in  female  production  jobs 
took  place  in  those  countries  in  which  women 
increased  their  representation  in  the  industrial 
sector: Portugal, Spain and Greece. Female shares 
of  clerical  work  have  been  rising  in  southern 
Member  States  while  women's  representation  in 
professional  jobs has risen in a range of  different 
countries.  Improved  qualification  and  skill levels 
have  opened  up  new  opportunities  for  some 
women in professional  employment  but manage 
rial  and  administrative  jobs  remain  overwhelm 
ingly  male.  Public  sector  employment  is  a  key 
source  of  professional  job  opportunities  for 

UNEMPLOYMENT RATE OF &OMEN AND MEN  IN THE EUROPEAN U 

\ WOMEN 

MEN 

100-

80 

60 

40 

32 

WOMEN AND MEN IN A CHANGING  ECONOMY 

women,  although  gender-based  patterns  of 
employment occur here also. For example, teach 
ing  jobs  are  largely  female  in  all  countries, 
accounting for as much as 70 per cent of the total 
in Italy and  Portugal. 

Continued  growth  in services 

increased 

The service industry is the most important  and 
growing  sector  of  female  employment  in the 
European  Union.  As  women  across  the 
Community  have 
their  share  of 
employment  over  the last  decade,  their  employ 
ment has become even more strongly concentrat 
ed  in services. Job  losses in agriculture,  together 
with only marginal job growth in manufacturing, 
have  resulted  in a greater  reliance on opportuni 
ties  in services  among  the growing  numbers of 
women seeking access to paid employment.  Over 
70  per cent  of women's  jobs  are in the services 
sector,  ranging  from  just  over  50  per  cent  in 
Greece to nearly 90 per cent in Luxembourg and 
the Netherlands. Nearly half of all service jobs in 
the  European  Union  are  today  carried  out by 
women,  although  there  is considerable  variation 
between Member States. Women account for just 

over a third of service employment in Greece, but 
over half of service employment in Denmark. 

Service sector jobs have the highest rate of part-
time employment  across all occupational  groups. 
Nearly one third  of the women employed  in ser 
vice jobs in the European  Union  are  part-timers 
and in certain countries the picture is even  more 
marked. For example, in the Netherlands  68 per 
cent  of all  service  jobs  are  filled by  part-time 
women  workers.  But not all  female-dominated 
jobs  have  such  high  rates  of part-time  employ 
ment.  Clerical  work has a much  lower  percent 
age (28 per cent) of part-time jobs although  it is 
the  most  feminised  of  all  the  occupational 
groups. 

The  changing  composition  of female  employ 
ment  reflects  the wider  process  of  employment 
restructuring  within 
the  European  Union. 
Agricultural  employment  has declined,  more or 
less consistently,  since the early  1970s.  Over the 
last  ten  years,  the  fall  in  women's  agricultural 
employment  has been  most  marked  in  Finland, 
Spain  and  Portugal.  But it  is  those  economies 
with an above average proportion of women agri 
cultural workers, for example the southern States, 

mm-m^,:-- 
WOMEN  IN  EMPLOYMENT  BY  PROFESSIONAL  STATUS  IN  THE  EUROPEAN  UNION  (%),  1995 

"  TABLE2*' 

:- 

100-

80 

6 0-

4 0-

2 0-

o

l

-
B  DK  D  GR 

l

l

i

l

E 

F 

l

l
I RL 

l

I 

l
i
l
L  NL  A 

i
P 

l
F IN 

ii 
S  UK  EU 

SOURCE:  EUROSTAT 

(LFS) 

FAMILY  WORKERS 

EMPLOYEES 

SELF  EMPLOYED 

33 

WOMEN AND MEN IN A CHANGING ECONOMY 
"•"—""""" 
jwiiinwiiMfiMnnMiMiifiniriiTvr 

where  the  impact  of  agricultural  job  loss  is  the 
most  significant.  For  example,  agricultural  jobs 
account  for  one  in  four  women  workers  in 
Greece, one in eight in Portugal and one in  14 in 
Spain and  Italy. In  Greece and  Portugal, agricul 
ture is more important as a source of female than 
of male employment.  In Spain and  Ireland, agri 
culture  is  a  more  significant  employer  of  men 
than of women. 

Recent  changes  in  female  industrial  employ 
ment  show great variation,  as well as contrasting 
trends,  between  Member  States. In  a number  of 
countries,  female  industrial  employment  has 
grown  over  the  last  decade,  notably  Spain, 
Ireland,  Belgium,  . Denmark,  Germany, 
the 
Netherlands  and  Portugal.  The  rate  of  increase 
over  the  period  has  been  particularly  striking 
(over  20  per  cent)  in  Germany,  Ireland  and  the 
Netherlands.  In others, such  as France and Italy, 
it  has  declined.  Industrial  employment  growth 
among  women  has  occurred  in  Member  States 
with  a below average level of women's  industrial 
employment  as well as those with  relatively high 
industrial  employment;  in  countries  with  above 
average female activity rates as well as those with 
below average activity rates. 

Selected occupational  groups 

A greater inter-country variation occurs among 
the craft and related trades, which are 29 per cent 
female in Portugal but only four  per cent  female 
in  Luxembourg.  Ireland,  Italy  and  Greece  also 
reveal relatively high  representation  (over  15 per 
cent) of women employed among craft  and relat 
ed  trades  workers.  Most  countries  have  fairly 
similar  proportions  of  female  legislators  and 
managers, between 20 and 30 per cent, except for 
Italy where the  representation  of women  is par 
ticularly low at  15 per cent. 

Little  change 
in  the gender pay  gap 

Despite the fact that many more women are in 
paid  employment  in  the  European  Union  today 
than was the case a decade ago, there  have been 
only  slight  variations  in  the  gender  pay  gaps  in 
different  countries.  On  the  basis  of  harmonised 
but  very limited  data  provided  by EUROSTAT, 
women in Europe earn, on average, about  20 per 
cent less than  their  male counterparts. Although 
women have increased  their share of administra-

TABLE  iz 
EMPLOYMENT STATUS OF WOMEN AND  MEN  IN AGRICULTURE 
IN THE EUROPEAN UNION  (%),  1995 

WOMEN 

MEN 

TOTAL 

100 

80 

60 

40 

20 

SELF-EMPLOYED 

EMPLOYEES 

FAMILY  WORKERS 

SOURCE:  EUROSTAT  (LFS) 

34 

WOMEN AND MEN IN A CHANGING  ECONOMY 

women  workers  are recorded  as low paid  in  the 
different  Member  States.  Clothing,  textiles, 
banking and  retailing are all examples  of sectors 
which  are  important  employers  of  women,  but 
where women earn, on average, only 63 per cent 
of male earnings. 

The scale of low pay among women  is a result 
both of their concentration  in low paid jobs and 
also of the  level of low  pay in the different  coun 
tries. In those Member States where strong statu 
tory  protections  exist,  for  example  a  minimum 
wage,  the  pay  gap  between  women  and  men 
tends  to  be  narrower  (for  example  Sweden, 
France  and  Italy).  In  those  countries  without 
such  protections,  the pay gap  tends  to  be  much 
wider, for example in the UK and  Ireland.  Other 
factors  also  play  an  important  role,  such  as  the 
nature  of pay bargaining  systems  and  pay struc 
tures,  the  implementation  of  equal  pay  policies 
and different  legal and administrative structures. 

tive, technical and managerial jobs which are rel 
atively well paid, a large proportion  of the grow 
ing  numbers  of  women  in  employment  are  in 
low-paid  casualised  service  jobs.  Consequently 
womens  average  pay  levels  have  remained  low 
and  the  gap  between  male  and  female  earnings 
persists. 

Gender  pay  differentials  exist  to  different 
degrees in every Member State and in both man 
ufacturing  and service employment. They  reflect 
the  unequal  position  of women  and  men  in  the 
labour  market.  Across  the  European  Union, 
among manual workers, women earn between 65 
per  cent  and  90  per  cent  of  men's  average  pay. 
The  gender  pay  gap  is  narrowest  in  Sweden, 
Finland  and  Denmark  and  widest  in  Austria, 
Ireland,  Luxembourg  and  the  UK. Among  non-
manual workers (for which data is more limited), 
the gender  pay gap is wider. 

A  concentration  of  women  in  low  paid  jobs 
and  the  occupational  segregation  on  the  labour 
market  are  two  key  factors  which  contribute  to 
the  persistence  of  the  gender  pay  gap across  the 
European  Union.  Women  are  between  two  and 
three times more likely to be low paid than men. 
Between 20 per cent and 40 per cent of  full-time 

WOMEN AS A PROPORTION  OF OCCUPATIONAL GROUPS 
IN THE EUROPEAN  UNION (%),  *9?$ 

LEGISLATORS  AND  MANAGERS 

CLERICAL  WORKERS 

SERVICE  WORKERS 

: CRAFT  AND  RELATED  WORKERS 

100-

80-

6 0. 

40-S 

20 

B  DK  D  GR 

E 

F 

IRL 

I 

L  NL  A 

P 

F IN  S  UK  EU12 

SOURCE:  EUROSTAT 

(LFS) 

35 

WOMEN AND MEN IN A CHANGING ECONOMY 

Conclusion 

Gender lines on the labour market are reflected 
in the level of female participation, the  influence 
of factors such as age and motherhood, as well as 
the  kinds  of  jobs  women  do.  Womens  activity 
rates  vary  much  more  significantly  through  the 
life  cycle  than  male  participation.  Combining 
economic,  family  and  social  roles is a feature  of 
women's situation  to a greater or lesser degree in 
all  Member  States.  Consequently,  patterns  of 
employment are more irregular and  uneven  than 
those of men. 

Recent  trends  in  employment  show  a consis 
tent growth in the proportions of women who are 
integrated  into  the  formal  labour  market  and  a 
decline in the proportions of men. The European 
Union labour force has become concentrated into 
a narrower age range, from  25 to 60 or 65 years, 
despite  the  ageing of  the population  as a whole. 
Lack of employment  growth and job loss in agri 
culture  and  industry  have had  a negative impact 
on male employment, while the growth in service 
employment  has  resulted  in  more  opportunities 
for  women.  A  disproportionate  share  of  recent 

job growth has been accounted for by a growth in 
part-time employment, much of which has taken 
place in  the services sector  and  is carried  out  by 
women. 

THE EUROPEAN 
EMPLOYMENT STRATEGY 
AND  NATIONAL 
MULTIANNUAL 
PROGRAMMES 

The  European 
employment  strategy 

Unemployment  is the major challenge faced by 
the  Union  and  the  Member  States.  During 
recent years, progress has been  made towards the 
adoption  of  a  European  employment  strategy. 
The  Essen  process  launched  at  the  European 

THE EARNINGS GAP; WOMEN MANUAL WORKERS, AVERAGE HOURLY  EARNINGS 

AS A PERCENTAGE Of  MEN'S, EUROPEAN UNION, 4 9 9 0 - 1 9^ 

1994 

1990 

100. 

80. 

6 0J 

40J1!  _i§ 

20. 

B 

DK 

GR 
SOURCE:  EUROSTAT-  HARMONISED  STATISTICS  OF  EARNINGS 
NOTE:  DATA  FOR  FRANCE  1991,  LUXEMBOURG  1989, AUSTRIA.  FINLAND,  SWEDEN  1993. 

I RL 

NL 

D 

E 

P 

A 

F 

L 

I 

F IN  S  UK 

36 

WOMEN AND MEN IN A CHANGING ECONOMY 

KSJ8» 

TABLE  15 
ACTIVITY  RATE  BY AGE  IN  THE  EUROPEAN  UNION  (%),  1995 

ACTIVITY  RATE  BY AGE 

100. 

80 

60 

40 _ 

20 _L 

I 

'••$ 

B  DK  D  GR  E  F  IRL  I  L  NL  A  P  FIN'S  UK  EU  S  UKEU15 

ACTIVITY  RATE  OF  WOMEN  BY AGE 

100. 

80. 

6 0. 

4 0_ 

2 0_  »__' 

0 _ Ji 
B 

DK 

D  GR 

E 

F 

IRL 

I 

L 

NL  A 

P 

F IN  S 

UK  EU15 

ACTIVITY  RATE  OF  MEN  BY AGE 

100. 

80 

6 0_ 

40  _ 

0 .1 

B 

DK 

D 

GR 

E 

F  IRL  I  L  NL  A 

P  FIN  S  UK  EU15 

SOURCE:  EUROSTAT 

(LFS) 

15-19 

20-24 

55-59 

60-64 

37 

WOMEN AND MEN IN A CHANGING ECONOMY 

ESSEN  PRIORITIES 

The  extent  and  consecjuences  of  unemployment  in  Europe  gave  rise  to  the  White  Paper  'Growth, 
Competitiveness and Employment'1 which proposed measures in the fight against unemployment.  Based on 
proposals  in  this White  Paper, Heads  of State and governments  of Member  States  at  the  Council  of  Essen 

in December  1994  identified  measures  to be taken in five key areas to  improve  the employment  situation. 

THE  FIVE PRIORITIES  OF  ESSEN:2 

• Improving employment  opportunities  for the labour force  by promoting  investment  in vocational  train 

ing. To that end  a key role falls  to  the acquisition of vocational  qualifications,  particularly by young  peo 

ple. As many people as possible must receive initial and further training which enables them through  life 

long learning  to adapt  to changes  brought  about by technological  progress, in order to  reduce  the risk  of 

losing their employment. 

•  Increasing the employment-intensiveness  of growth,  in particular by: 

- more flexible  organisation of work in a way which fulfils  both the wishes of employees and  requirements 

of competition; 

- a wage policy which  encourages job-creating investments  and in the present situation  requires  moderate 

wage agreements  below increases in  productivity; 

- finally,  the  promotion  of  initiatives,  particularly  at regional  and local  level,  that  create jobs  which  take 

account of new  requirements,  for example,  in the environmental  and social services spheres. 

•  Reducing  the  non-wage  labour costs extensively enough  to  ensure  that  there  is a noticeable  effect.  Non-

wage labour costs can only be resolved through a joint effort  by the economic sector, trade unions and the 

political  sphere. 

•  Improving  the  effectiveness  of  labour-market  policy:  the  effectiveness  of  employment  policy  must  be 

increased by avoiding  practices which are detrimental  to readiness to work and by moving  from  a passive 

to an active labour  market policy. The  individual  incentive  to  continue  seeking employment  on  the  gen 

eral labour market must  remain. Particular account must be taken of this when working out  income-sup 

port measures. 

•  Improving  measures  to  help  groups which  are particularly hard hit  by unemployment.  Particular  efforts 

are necessary to help young people, especially school leavers who have virtually no qualifications,  by offer 

ing them either employment  or training. 

The fight against long-term  unemployment must be a major aspect of labour market policy. Varying labour-

market  policy  measures  are necessary  and  must  accommodate  the  very varied groups  and  requirements  of 

the  long-term  unemployed.  Special  attention  should  be  paid  to  the  difficult  situation  of  unemployed 

women  and older  employees. 

European Commission,  Office  for Official  Publications, Luxembourg,  1994, ISBN 92-826-7423-1. 
!  European  Council: Meeting of 9 and  10 December  1994 in  Essen, SN 300/64. 

38 

Council  (December  1994)  made  it  possible  to 
strengthen  cooperation  between  Member  States 
on  this  issue. To  reinforce  this  approach  and  to 
involve  all  interested  actors,  the  President  pro 
posed a Pact of Confidence  Action for Employment in 
Europe. 

The multiannual programmes 
of the Member States 

The  Essen  European  Council  urged 
the 
Member  States  to  transpose  these  recommenda 
tions  in their  individual  policies into  a multian 
nual programme having regard to the specific fea 
tures  of  their  economic  and  social  situation.  It 
requested  the  Labour  and  Social  Affairs  and 
Economic and Financial Affairs  Councils and the 
Commission  to keep close  track  of  employment 
trends,  monitor  the  relevant  policies  of  the 
Member  States  and  report  annually  to  the 
European  Council  on  further  progress  in  the 
employment  market. 

Accordingly, the Council and the Commission 
jointly  prepared  a single  report  on  employment 
which was submitted to the European Council of 
Madrid in December  1995. 

Each  Member  State  has  drawn  up  a  multian 
nual  employment  programme  in  which  each 
country  has  set  out  the  policies  which  it  has 
developed  and  implemented  within  the  frame 
work  of the  priorities  of  Essen. This joint  effort 
for fighting unemployment is a particularly inter 
esting initiative  in that  it  enables priorities  iden 
tified  by the different  countries to be singled out 
and  national  sensitivities  in the  interpretation  of 
those priorities to be better  appreciated. 

In this first round of programmes, the issue of 
equal opportunities  for women  and men has not 
been developed  as a  core  theme  and  the  accent 
has  been  clearly  placed  on  the  struggle  against 
unemployment. 

Certain  countries have not  tackled  the  subject 
of  equal  opportunities  even  though  they  have 
active  policies  in  this  area  to  which  it  would  be 
easy  to  make  reference.  This  applies  to  the 
French, Belgian, Danish  or Finnish programmes. 
Seven  countries  refer  to  policies  in  favour  of 

WOMEN AND MEN IN A CHANGING  ECONOMY 

THE CONFIDENCE PACT ACTION  FOR 
EMPLOYMENT IN EUROPE' 

The  European  Pact  of  Confidence  'Action  for  Employment  in 
Europe  was presented  to  the Florence Council  in June  1996. It 
aims  in  particular  'to  fully  mobilise all  the  actors  in  a  compre 
hensive strategy',  to make better  use  of the multiplier  European 
effect'  and  to  'incorporate  the fight against  unemployment  in a 
medium and long-term view.' 

With regard to employment systems, the Commissions proposals 
refer in particular to: 

The  reform  of  national  employment  administration  systems 
(Member States) 

- simplify  recruitment  and company-formation  support schemes: 
one-stop shops and re-employment vouchers; 

- personalised support for job-seekers by placement services. 

Mobilisation of local actors  (Commission,  Member  States,  local 
authorities) 

- decentralise employment systems; 

- promote local initiatives for development  and  employment. 

Employability of young people 

- joint initiative by social partners on integration of young people 
(social partners); 

-  development  of  scheme  based  on  Youthstart  and  Leonardo 
(Commission, Member States). 

Greater  coherence between  direct  taxation  and  replacement 
income 

- debate and  common  policy on  the  future  of  the social  protec 
tion (institutions, Member States, social partners). 

and to major  projects on the future  of work: 

New forms  of work organisation 

- commitment by social partners to establishing a European con 
tractual framework  for organisation of work and flexibility (social 
partners); 

-  structured  debate  on  organisation  of  work  and  working  time 
(institutions); 

- Green  paper on social and societal aspects of information  soci 
ety (Commission). 

Education and training as key to the door of employment 

- proposal on the lifelong access to and validation of skills; 

-  development  by  social  partners  of  a  reference  framework  for 
access to skills (social partners); 

- action plan on learning in the information  society (Commission); 

- development of an Erasmus apprenticeship scheme (Commission); 

- development of a system of European  articles of apprenticeship 
(Commission, Council, social partners). 

ssassassstss» 
39 

CHART2:  MEASURES  CONCERNING  EQUAL  OPPORTUNITIES  IN  THE MULTIANNUAL  PROGRAMMES 

Country 

P r i o r i ty  I - T r a i n i ng 

Priority II-Employment/Growth 

Priority EI-
Secondary 
costs 

Priority IV-
Active Policies 

Priority V-Target  Groups 

Belgium 
Denmark 

France 

Finland 

Ireland 

Greece 

Luxembourg 

Netherlands 

United  Kingdom 

Spain 

Germany 

Italy 

Portugal 

Austria 

Sweden 

o 

-apprenticeship  measures  favouring  the  inclu 
sion  of  women 
-women  returning  to  work 
-promoting  equality 

-training  in  office  technology  for  women 
returning  to  work 

-measures  to  assist  mothers  and  fathers; 
maternity  leave,  part-time  flexible  time 

-working  hours 
-low income linked widi part-time work 
-impact of pan-time work widi pensions 
-income 
-reduce the income gap between women and  men 

-loans  to  women  entrepreneurs 

-special  measures  for  women 
-acceptable  access  in  terms  of  timetable  and 
location 

-major  role  in  braking  sex  differentiation  in 

the  labour  market 
-public  sector:  programme  to  develop  skills  of 
women 

-grants  for  creating  2,700  jobs  for  women  aged  18/64 

-women  returnees 
-ministry  for  women's  promotion 

-combining  care  duties  and  paid  jobs 
-improve  the  position  of women  in  companies 
-participation  of women  in  technical  education  and  trades 

-flexible  work-patterns 
-training  for  women  returnees 
-lone  parents 
-EO  legislation 

-promotion  of women  in  full-time,  part-time  and  temporary  employ 
ment 
-subsidies  to  go  back  to  work  or  enter  professions  where  there  are 
few  women 

-Employment  Promotion  Law/women  must  be  supported  in  accor 
dance with  their  share  of  the  unemployed 

-Objective  III  of the  European  Social  Funds 

-training 
-incentives:  increase  of  2 0%  of  the  sum  paid  for  recruiting  women 
into  occupations  where  they  are  under-represented 
-local  development  initiatives 
-measures  in  vocational  training 
-flexible  training  measures 
-qualified  part-time  jobs 
-support  for  women  with  care  duties 
-reduce  career  breaks  taken  by  women  to  reduce  income  differences 

-equal  opportunity 
projects  to  widen 
the  labour  market 
share  available  to 
women 

. 

•  f 

1 

WOMEN AND MEN IN A CHANGING  ECONOMY 

women:  Greece,  Luxembourg,  the  UK,  the 
Netherlands,  Spain  and  Germany.  In  the  Italian 
programme, there is a big emphasis on equality in 
the  introduction. 

A third group of countries looks at the issue of 

equal  opportunities  for  women  and  men  in  the 

different  parts  of  their  submissions:  Ireland, 

Portugal,  Austria  and  Sweden.  The  long-term 

proposals of Austria and Sweden differ  markedly, 

showing a more'active concern with equal oppor 

tunities. 

In the introduction to the Swedish programme, 

the following statement is presented: 

'The  labour  market  situation "of  women  has 

improved  in  Sweden  over  the  past  three  decades 

and has become more equal with men. In partic 

ular, there has been a greater increase in women's 

participation in the labour force and in the activ 

ity  rate.  Despite  a  considerable  decrease  at  the 

beginning of the  1990s, it remains at a very high 

level compared with other countries. In  1994, the 

activity rate difference  between  women  and  men 

in  Sweden was only  1.5  per  cent. This  trend  has 

been  supported  by deliberate  policy  moves such 

as  active  labour  market  policies,  comprehensive 

child-care facilities, favourable parental  insurance 

and separate taxation  for husband  and  wife.' 

Improving  employment 
opportunities  for  the  labour  force 
by promoting 
in  vocational  training 

investment 

All  Member  States  mention  several  training 
programmes which  include  in-service training as 
well as continuous education. These are often  tar 
geted at young people. No country makes the dis 
tinction between young women and young men, 
although  the former  experience special  problems 
for which there should  be specific policies. 

Austria  and  Ireland  are  the  only  countries 
which  supply a gender  perspective  in  their voca 
tional  training  programmes.  The  Austrian  pro 
gramme states: 'Employment  training has the fol 
lowing key aims: 

• stimulating  a  shift  in  workforce  structure 
towards  'high  skills',  white collar' work,  'non-
manual employment'(particularly for women). 

•  measures  for  specific  target  groups  (women, 
older people, long-term  unemployed,  disabled 
persons)'. 

In  addition,  steps are required  to create  train 
ing opportunities with acceptable access (in terms 
of timetables and locations). 

In  Ireland,  the  programme  for  investment  in 
vocational  training  includes  special  initiatives  to 
support  increased  participation  of  women  in 
apprenticeship,  it also deals with women  return 
ing to work and the promotion of specific equal 
ity measures. 

Increasing the employment  -
intensiveness of growth 

In this section, one finds  two approaches,  that 
of the UK on  the one hand  and Luxembourg on 
the other. 

In  the  UK  programme,  the  approach  high 
lighted is one of getting rid of'unnecessary barri 
ers to job creation'. The approach of Luxembourg 
is  more  cautious,  not  confusing  flexibility  and 
deregulation and reads as follows: 

'The  notion  of flexibility cannot  be  used  as a 
pretext  to  challenge  social  protection.  In  the 
spheres where the unions and management agree, 
however, on elements of flexibility, without at the 
same  time,  undermining  social  protection,  the 
Government  will  not  oppose  such  collective 
agreements'.3 

In  the Austrian  programme,  the same reserva 
tions  can  be  found:  'Experience  in  Austria  sug 
gests that  the  employment  effect  of  measures  to 
increase  the flexibility of working  time  is uncer 
tain,  given  that flexible employment  of  labour 
can  also  reduce  employment  opportunities  for 
other workers. The current  discussion  in Austria 
on expanding the opportunities for choice in leg 
islation  governing  working  time  will,  in  any 
event,  need  to  balance  worker  and  employer 
interests.' 

1 Avis du comité de coordination  triparrirc du  8 mars  1994. 

41 

WOMEN AND MEN IN A CHANGING ECONOMY 

NEW  JOB 

OPPORTUNITIES 

In 1995 the Commission published a Communication 
on  a  European  Strategy  for  Encouraging  Local 
Development and Employment Initiatives (LEI).4 

Seventeen  areas  of  employment  were  listed,  the 
development  of  which  is  linked  to  contemporary 
factors  examined  by a working party set up to con 
sider  these  questions. The  principal  areas are sum 
marised below: 

Services at home 

Childcare 

New information and communication technologies 

Assistance for youth with problems  needing to 

be reintegrated into society 

Housing improvements 

Security 

Local public transport 

Redevelopment of public urban spaces 

Local shops 

Tourism 

Audiovisual  techniques 

Cultural heritage 

Local cultural  development 

Waste management 

Water management 

Protection and maintenance of green areas 

Pollution regulations and controls and related 

equipment. 

4OJC265ofl2.10.1995. 

42 

A  more flexible 
of  work 

organisation 

Policies regarding working time vary little from 
one  country  to  another.  They  are  based  on  the 
need  to  develop  part-time  work.  Certain  coun 
tries  mention  progressive  early  retirement  and 
reduction  of  overtime  as  possible  strategies. 
Uniform  reductions  of  the  working  day  are less 
prominent.  Certain  innovations  with  regard  to 
job sharing appear in the Belgian and French pro 
grammes. 

Several  countries  are  embarking  on  deregula 
tion  of  part-time  work.  This  is  happening  in 
Spain  where  '...notable  amongst  the  measures 
adopted  in  the  reform  to  improve  market flexi 
bility are the modifications  made to the part-time 
contracts so as to promote its use ... greater  flexi 
bility  in  the  working  day,  reduction  in  social 
security  in  activities  not  exceeding  12 hours  per 
week or 48 hours per month.' 

Austria  makes  a  special  point  of  emphasising 
the  risks  to  which  workers  who  engage  in  part-
time  work  are  exposed:  'In  the  Austrian  view, 
although  further  encouragement  may  bring 
about' a  statistical  reduction  in  unemployment, 
this is at the cost of an increasing number of jobs 
that  do not  provide sufficient  income  to  live on. 
The  labour  law  legislation  accompanying  the 
pension  reform  introduced  statutory  protection 
for part-time employees to guarantee equivalence 
with  full-time  employees.' 

A  wage policy  which  encourages 
jo b~creating  in vestm en ts 

In  Luxembourg,  generalised  measures  are  not 
proposed.  There  is  confidence  that  unions  and 
management  will  exercise restraint  in  the sphere 
of salaries where this is found  to be necessary. The 
UK  advances  ideas  concerning  the  removal  of 
centralised collective bargaining and the idea that 
wage levels should  reflect  economic conditions. 

In  Sweden,  'measures  have  been  adopted  to 
make  life  easier  for  new  companies'  which 
include special loans for women  entrepreneurs. 

The promotion  of 

initiatives 

These  are  sparsely  covered  by  the proposals, 
except for Belgium and France where there is pro 
vision. In Luxembourg, a working party is look 
ing into  the possible effects  of teleworking and 
working from  home on work creation as well as 
the more negative social aspects. 

In Germany many measures were taken to pro 
mote local employment initiatives in the fields of 
environmental  protection,  social  services  and 
child and youth welfare activities. Since January 
1993, there has been the opportunity to support 
the employment of jobless persons in the above 
mentioned  fields  by  means  of  lump-sum wage 
subsidies in the new Lander. Since January 1995 
this measure has been extended  to unemployed 
persons  in  the  western  part  of  Germany.  In 
Denmark,  pool  jobs  will  be  used  to  activate 
unemployed persons in the fields of care of elder 
ly persons, sick persons, small children as well as 
for improved environmental protection activities. 
In Ireland, there is insistence on the development 
of local development initiatives on jobs. 

Environmental  protection  and  management 
without references to the creation of specific jobs 
are of major concern in the Swedish and Finnish 
programmes. 

Other  Member  States  consider  support  for 
enterprise  creation  and  independent  and  self-
employment under this heading. 

Reducing  non-wage 

labour  costs 

Under this heading, the burden of taxation and 
contributions which fall on the individual are dis 
cussed. Sweden maintains that its individualised 
taxation  system  has  contributed  greatly  to  the 
high degree of equality between women and men 
observed in that country. Taxes levied for the pur 
pose  of  environmental  protection  are  seen  as 
measures designed to balance public finances. 

Other countries propose measures designed to 
reduce indirect employment costs: those targeted 
being  the  young,  the  older  unemployed,  long 
term unemployed or those on low wages. 

WOMEN AND MEN IN A CHANGING ECONOMY 

MUNICIPALITY OF MADRID - SPAIN 

WHEN CITIES UNITE THE FORCE OF WOMEN 

Women experience huge difficulties  in getting a job  in a 
country like Spain where the unemployment rate beats all 
records. A number of towns in the region of Madrid have 
grouped  themselves  into  a project  on  the  subject.  'Red 
Local'  (local  network)  aims  to  support  the  occupational 
integration  of women  of the  region  by a training  policy 
adapted to the needs of the different  town  partners. 
The  towns 
involved  are  Arganda  del  Rey,  Rivas 
Vaciamadrid, San Fernando de Henares, Très Cantos and 
La  MISCAM  (a  consortium  of  local  authorities  of  the 
south  east  of  Madrid).  Red  Local  is  supported  by  the 
EMPLOYMENT-NOW Initiative. 

One of the features of this project  is that it wants to posi 
tion  itself  as close as possible  to  the women  of the  area. 
The  first  stage  was  the  launch  of  a  sociological  study 
designed  to  analyse  the  situation  town-by-town  and 
detect all the barriers to hiring. 

Parallel to this, a walk-in centre was set up in every local 
authority area to enable women to come individually and 
review their job prospects. 

From this point on, training plans were developed within 
the  traditional  structures  of  INEM  (National  Employ 
ment Agency). 

'First  of all we use what  already exists and  then  comple 
ment  this with specific courses,' explains Gloria  Reguero 
of  the  Red  Local  project.  'We  adapt  what  exists  to 
women's  demands,  but  also,  and  this  is  an  important 
point, to local niche markets in employment. What is the 
point of good training if it does not help women  to get a 
job  in their own area? This  is how we have guided  some 
of  the  120  women  who  are  being  supported,  towards 
occupations linked to the environment like recycling and 
gardening, just as in the same way we support  businesses 
started up by women.' 

The  strength of the  municipal  authorities  who  make  up 
Red Local was to know how to group  themselves  togeth 
er  to  be  stronger  overall  while  at  the  same  time  staying 
close to the daily lives of women. This is why jobs in the 
future  will  try  to  take  account  of  the  family  needs  of 
women by adjusting,  for example, working hours. 

s&an&ms&tm 
43 

WOMEN AND MEN IN A CHANGING ECONOMY 

MAJOR EFFORTS IN  THE FIELD 
OF EDUCATION AND  TRAINING 
AT EUROPEAN LEVEL 

EDUCATION 

Various  actions  in  the  field  of  education  can  con 
tribute  to  the  promotion  of equal  opportunities  for 
women  and  men: public awareness, teacher  training, 
educational  and  curricular material in order  to elim 
inate  sex  stereotyping,  diversification  of  choice  in 
field  of study  and  career. 

that 

The  SOCRATES5  programme  of educational  coop 
eration  attributes  priority  to  projects 
take 
account  of equal  opportunities  for women  and  men. 
However  the  implementation  of  the  principle  of 
integrating  equal  opportunities 
term 
process  which  demands  increased  efforts  in  raising 
of  awareness  among  actors  promoting  Community 
projects,  and  at  the  same  time  it  requires  a  deeper 
understanding  of  the  principle  of  equality  in  the 
framework  of  coherence  between  Community  poli 
cies and  evaluation  in  the  sphere  of  education. 

is  a  long 

TRAINING 

imbrovement 

in  women's  qualifications 

An 
is 
important  for  equal  opportunities.  The  European 
Commission  has  decided  to  be  more  pro-active 
towards  equal  opportunities  in  the  projects  to  be 
funded  under  LEONARDO  DA  VINCI.6  The 
Commission  actively  encouraged  the  project  appli 
cants  to  develop  positive action  projects  intended  to 
encourage  women  (or  men)  to  participate  in  areas 
where  they  are  traditionally  under-represented  as 
well as in  those which  are open  to women  and  men. 

Improving  the  effectiveness 
of labour  market  policy 

In  this section  are set  out  a range  of  different 
measures. Some measures promise to amend leg 
islation  acting as a restraint  on  jobs; others sup 
port  policies which  put  in  place systems  favour 
ing  the  matching  of supply  and  demand  on  the 
job  market  by  the  setting  up  of  more  effective 
employment services. 

Regarding  amendments  to  social  protection 
measures,  the  reservations  of  the  Luxembourg 
government  are set  out:  'The  Luxembourg  gov 
ernment  rejects  the  notion  of  undifferentiated 
deregulation  as being the miracle cure for  unem 
ployment.  There  is  no  evidence  to  suggest  that 
dismantling  employment  legislation  by  means 
{inter alia)  of  a  reduction  in  the  number  of 
redundancies,  or  by  the  abolition  of legal  mini 
mum wages, would  create jobs. On  the contrary, 
the  Luxembourg  experience  shows  that  strict 
social legislation  in  no way prevents job  creation 
even during times of economic recession'.7 

Improvement in the performance of public ser 
vices is addressed  by a Luxembourg  proposal  on 
the  obligation  to  advertise  job  vacancies  and  to 
notify  lay-offs/redundancies  publicly.  This  idea 
has been  taken  up  by Greece as well  and  merits 
further  study as it  may help  to  reveal  gaps exist 
ing  on  the  job  markets.  The  fight  against  the 
irregular  or  underground  economy  and  geo 
graphical  mobility  are  other  themes  covered  in 
this section. 

Improving  measures to  target 
specific groups 

Five countries  do  not  mention  women  among 
the  groups  particularly  affected  by  unemploy 
ment. 

These initial  plans have focused  on  unemploy 
ment  and  have  left  equal  opportunities  between 
women  and  men  to  one  side  even  in  countries 
where such policies are being actively pursued. 

* Council  Decision of  14.3.1995, OJ  L 87 of 20.4.1995  p.10. 

'Council  Decision of 6.12.1994. OJ  L340of  29.12.1994  p.8. 

'La  politique de l'emploi  au  Luxembourg à l'Horizon  2000. 

Ministère de l'Emploi  et du  travail, Luxembourg,  1995. 

44 

WOMEN AND MEN IN A CHANGING  ECONOMY 

BERLIN-WOMEN 

GO  INTO 

BUSINESS 

The  biggest  business  centre  for  women  entrepreneurs  in  Europe  is being built  in  the eastern 
part  of Berlin  in  Germany. A former  cosmetics factory  of 5,500 square metres floor space on 
six floors,  plus a new building, are the foundations  for  fifty  planned business enterprises,  that 
are to be managed by women exclusively. Thirty four of these enterprises have already been set 
up, including: a school for electronic data processing, an organisation  and  business consultan 
cy, an advertising agency, a travel agency, cafés and underwear and stocking shops. 

To combine working and living in a satisfactory manner, thirteen apartments were built in the 
summer  of  1996  for  the  members of the cooperative,  called Weiber Wirtschaft  eG  (Business 
Cooperative). The  project  is to  set  an  ecological  example: workplaces,  leisure  and  shopping 
facilities  have been integrated  under the same roof; cutting down on wasteful  travelling time. 

Special care facilities  for the children of working mothers have been provided for as well, since 
social issues are an integral part of the economy, according to the founders  of the co-operative. 
The-building offers  affordable  and stable rents for  business women, the joint  use of technical 
equipment, joint  advertising and a centre for conferences,  seminars and  fairs. 

One  thousand  women  of  all  ages and  social  backgrounds  from  all  over  Germany  and  from 
abroad  have already joined  up as members of this business enterprise that has been  co-funded 
by the European  Union.  One can sign  up for  the venture by investing as little as DM  200—. 
With  membership  one  also  becomes  a  co-owner  of  the  business  centre  -  even  though  one 
might  have to wait a while before  getting a share of the profit! This is because women  with a 
stake in the centre have not yet succeeded in putting up the DM 300,000 share capital required 
for securing the mixed funding of the new buildings. This is despite funds  raised through bank 
loans, through  the backing of the City of Berlin, Federal Government  subsidies and  the equi 
ty the women  have raised themselves and  despite the supports of funds  coming into  the pro 
ject  from  Brussels in the form  of support  from  the European  Social Fund. 

The  project,  which will  represent  a total  investment  of DM  34 million  - of which  DM  12.5 
million  was the purchase  price  for  the premises  to  be paid  to the Treuhandanstalt  - has been 
one of the biggest business ventures  founded  by the feminist  movement  in Europe. 

45 

WOMEN AND MEN IN A CHANGING ECONOMY 

THE INFORMATION SOCIETY 

The  adoption  and  widespread  use  of  information 
and  communication  technologies  offers  a  huge 
potential  for  wealth  creation  and  higher  standards 
of  living.  Many  people,  including  women,  are  also 
concerned  about  the  impact  of  the  Information 
Society  on  their  lives.  In  its  Green  Paper  'Living 
and  Working  in  the  Information  Society:  People 
First'8  the  Commission  mentioned  the  key  social 
challenges 
the 
Information  Society.  It  examines  how  information 
and  c o m m u n i c a t i on 
(ICT's)  are 
reshaping  production  and  work  organisation  and 
are  transforming  peoples  lives.  T he  Green  Paper 
that  people  are  worried 
acknowledges 
about  the  social  and  economic  upheaval  and  rapid 
change  which  is  taking  place  in  the  wake  of  the 
introduction  of  ICT's. 

technologies 

raised  by 

transition 

the  fact 

the 

to 

T he  ICT's  also  have  important  implications  on 
people's  need  for  more  appropriate  training  and  for 
continuing  updating  of skills. This  counts  for  both 
women  and  men.  Three  factors  are  affecting  equal 
opportunities  for  w o m en  and  men  in  particular: 
•  the  need  for  lifelong  learning; 
•  the  necessity 

those 
(including  women)  who  are  not  able  to  take  part 
in  the  Information  Society; 

to  c o m b at  exclusion  of 

for  b o th  w o m en 

•  the  importance  of  reconciliation  of  family  and 
work 
the 
Information  Society  raises  the  issue  of  time  spent 
at  work,  on  education/training  and  on  domestic 
activities.. 

and  men 

as 

T he  W h i te  Paper  'Teaching  and  Learning:  Towards 
the  Learning  Society'9  as  well  as  the  European  Year 
training  (1996)10  have 
of 
addressed  the  debates  on  these  questions. 

learning  and 

lifelong 

An examination  of the Essen  multiannual  pro 
grammes  shows  that  they  are  not  neutral  for 
women  and  equal  opportunities.  Detailed  evalu 
ations  are  undertaken  at  the  request  of  the 
Council. A more general reading allows for some 
preliminary observations. 

Some  interesting  propositions  for  women  are 

put  forward  by certain  countries: 

•  In  Greece  and  Portugal,  subsidies  are  granted 
for  the  employment  of  women  in  the  areas 
where they are  under-represented. 

•  In  Germany,  employment  law  requires  that 
women  are taken  into  account  in employment 
policies in proportion  to their  numbers  among 
the  unemployed. 

• In  Austria,  the  fixing  of  hours  and  locations 

allow women  to undertake  training. 

• Also in Austria, there is a willingness to increase 
the skills-levels for work which  is part-time. 

• In Austria,  there is a desire to reduce the  num 
ber  of  career  interruptions  in  order  to  reduce 
the differences  in earnings between women and 
men. 

•  In  Sweden,  specific  support  is  available  for 

women  entrepreneurs. 

•  In  Luxembourg,  there  are  specific  training 
measures  available  for  women  returning  to 
work. 

The  second  round  of  the  programmes  (1996) 
shows  that  Multi-Annual  Programmes  are  not 
explicit  about  the  policy  choices  undertaken  by 
Member  States with  the aim  of promoting  equal 
opportunities  on  the  labour  market.  Specifically 
targeted  measures have been  implemented  in the 
UK,  Austria,  Sweden  and  Germany  to  improve 
childcare  facilities  or  achieve  a  more  balanced 
participation  oî  women  in  training.  However, 
only a few  (eg Sweden)  make  an  effort  to  main 
stream  a  gender  perspective  in  general  policies 
throughout  the MAP. 

policies 

Active 
on  equal 

opportunities 

" COM(96) 389 of 237.1996. Supplement 3/96,  European  Union Bulletin. 

'  COM(95)  590 final  of 29.11.1995. 

"'COM(95)  124 of 31.3.1995. 

Reorientation  in  professional  and  educational 
choice  is  a  key  element  of  equal  opportunities 
policies.  It  is a necessary,  yet  insufficient,  condi 
tion  for equality. 

46 

Active policies are necessary so as to do away 
with discrimination in recruitment and personnel 
management.  Efforts  are  not  supposed  to  be 
focused  only on  training  policies which assume 
that  segregation  in employment  and unemploy 
ment  originate  from  an  unbalanced  supply  of 
women  workers.  Demand  side  policies  are also 
important, as is including equal opportunities in 
company wage agreements for the sector or sub-
sector. 

Active  policies  of  equal  opportunities, 
increased  female  participation  in  general  pro 
grammes, reorientation  of professional  and edu 
cational  choices,  removal  of  fiscal  and  material 
obstacles, and also adopting directives and mea 
sures on community, national and regional scales, 
which  ensure basic entitlements  and guarantees 
for  all workers are crucial  measures. Such mea 
sures avoid  the risk of increasing recruitment of 
women at a cost of increased inequality between 
women themselves. 

Conclusions 

The multiannual employment programmes are 
a  particularly  interesting  initiative  in  providing 
incentives  to  countries  to  develop  coordinated 
employment policies. The first programmes con 
centrated  on  unemployment;  issues  of  equal 
opportunities  are  not  specially  visible,  even  in 
those countries where active policies in relation to 
equal opportunities are being implemented. 

The principle of integrating equal opportuni 
ties policies into general  employment  and plan 
ning  policies  pose  questions  and  options  con 
cerning  implementation  and  administrative  co 
ordination  at  a high  and  complex  level  in each 
Member State. While the tendency to apply the 
principle  of  equal  opportunities  using  the 
method  of 'target  group'  is a strong  preference, 
some Member States have moved away from the 
exclusive use of this option to explore others. 

Presenting a synthesis of the multinannual pro 
grammes,  the  Single  Report  to  Madrid  already 
emphasised  the  need  for  intensifying  efforts 
regarding action  in favour  of groups particularly 
hit by unemployment: 

WOMEN AND MEN IN A CHANGING ECONOMY 

SWEDEN-  SPECIAL  LOANS 

FOR  WOMEN 

ENTREPRENEURS 

Despite the fact that Sweden is considered a country with a 
high degree of gender equality, women  as owners  of SMEs 
are less represented  than  men. Less than  20 per cent of all 
SMEs  are  owned  and  run  by women.  In  June  1994,  the 
Swedish  Parliament  agreed  a new loan  facility  in  order  to 
help potential female entrepreneurs to start their own firms 
and  also  to  stimulate  female  owners  of  existing  SMEs  to 
expand and develop their businesses. 

During  the first year  and  eight  months,  more  than  2,000 
women  started  or  expanded  their  own  business  with  the 
support  of loans  totalling  16.5 million  ECU  (139  million 
SEK). The average loan is 8,000 ECU  (67,000 SEK). Very 
small enterprises in trade and service dominate  the picture. 
Only seven per cent of the women borrowed money to start 
or develop a manufacturing  industry. 

Recent interviews with women who have borrowed  money 
within this programme show that, more than  78 per cent of 
the  participating  women  are  very  optimistic  about  the 
future  possibilities  to  develop  their  enterprises. The  inter 
views also reveal that  58 per cent of the women  concerned 
did  not have any employment when  they decided  to apply 
for a loan. Furthermore,  19 per cent of the women said that 
they  started  their  own  business  as  a  direct  alternative  to 
being dismissed from  their present jobs. 

Roughly 3,500 jobs have been created. So far  the results of 
the scheme are good, women showing increasing interest in 
starting their own business. ALMI Fôretagspartner AB is a 
group  consisting  of a parent  company  owned  by the  state 
and 22 Regional  Development  Companies  and  offers  con 
sultation, financing and information  to persons planning to 
start  a new  business.  It  is involved  in  the  programme  and 
provides  business  advice,  training,  networks  and  mentor-
ship programmes to women. 

47 

WOMEN AND MEN IN A CHANGING ECONOMY 

• Young  people:  Member  States  and  manage 
ment  and  labour  should  ensure a proper  path 
way to  their  integration  on  the labour  market. 
All young people should  be provided  with  the 
level  of  education,  training  and  work  experi 
ence needed to make them employable; 

• The  long-term  unemployed:  Membet  States 
and  management  and  labour should  engage in 
a more active policy for the prevention of long-
term  unemployment.  All  unemployed  people 
should  have  the  opportunity  of  retraining  or 
reintegration before reaching the point of long-
term  unemployment; 

•  Older  workers  should  be  given  a  chance  to 
make  full  use  of  their  work  experience  and 
potential. They should have the opportunity to 
undertake training and be encouraged to do so; 

•Women:  Through  the  promotion  of  equal 
opportunities  in  the context  of all public poli 
cies  affecting  employment,  an  active  policy of 
desegregation  of  the  labour  market  using  a 
renewed  approach  to  part-time  working  as a 
transitional  measure  and  the  reconciliation  of 
family  and working life for women and men. 

The  Single  Report  to  be  presented  to  the 
European  Council  in  Dublin  will  include  refer 
ence to the ongoing analysis of womens position 
in the labour  market. 

48 

^^ 

BUSINESS AND  WOMEN 
ENTREPRENEURS 

Fewer than  30 per cent  of small  and  medium-
sized  companies  in  Europe  are  run  by  women 
and women  are responsible for  only one third  of 
business start-ups. 

And  yet  the  business  start-up  sector  of  the 
economy  is of substantial  interest  for  the  future 
development  of  the  European  economy,  since 
small and  medium-sized  companies  are a prima 
ry  source  of  new  jobs.  Setting  up  in  business  -
even if this means creating a job just for  oneself-
is  a  positive  solution  to  unemployment.  Today, 
9.6  per  cent  of  women  in  the  European  Union 
are working as independent  operators or  running 
their own businesses, whilst the equivalent statis 
tic for  men  is  19.9 per cent. And  there are some 
striking  differences  from  one  Member  State  to 
another:  between  three per cent  and  six per cent 
of  women  in  the  north  of  Europe  are  self-
employed, whilst this figure can  be as high  as 20 
per cent in the countries of the south. 

For many women, setting up in business is the 
preferred  option  to  the job  search  problem  on a 
labour  market. 

Setting  up  in  business  can  also  be  a source of 
personal  development  in  a system  which  is still 
dominated  by men and where women's  skills are 
not recognised to the full. Many women are com 
ing up  against  the so-called  'glass ceiling', which 
is  halting  their  promotion  within  organisations 
and  preventing them  from  accessing  positions of 
highest  responsibility. 

Community  initiatives  have  been  taking  the 
issue  of  women  setting  up  in  business  seriously 
for  the past  ten  years, through  the  instigation  of 
programmes.  The  first  initiative  of  relevance  in 
this field would be Local Employment  Initiatives 
for  Women  (LEI),  which  was  set  up  in  1987 
within  the  framework  of  Community  policy  in 
favour  of employment  for women. 

WOMEN AND MEN IN A CHANGING  ECONOMY 

Two new sources of creation were targeted. The 
first was  intended  to  promote  innovatory  ideas, 
the  second  to  promote  the  creation  of  jobs  for 
women  within  companies  which  had  themselves 
been set up by women, during the first two years 
of  business.  Estimates  suggest  that  1,300  jobs 
were created  through  the programme  in  the sec 
ond phase of operations, over the period  1994 to 
1995. The LEI programme was a driving force in 
the sense  that  it  allowed  for  the development  of 
innovative  initiatives,  in particular  through busi 
ness advice and access to credit, but  also because 
it  helped  develop  an  entrepreneurial  spirit 
amongst women. 

The  NOW  Initiative,  benefiting  from  the 
experiences  of  the  LEI  programme,  was spurred 
on to support a large number of projects aimed at 
setting  up  businesses  or  working  in  support  of 
that  objective.  In  the  majority  of  cases,  this 
entailed  helping women  without  jobs for  whom 
the creation  of employment  meant an alternative 
to unemployment.  In many cases, it was simply a 
case of helping women  to  create  their  own jobs. 
To  the extent  that  these women  were very  often 
under-skilled  and  as such,  not  particularly  well-
prepared  for  entering  into  a  business  start-up 
project, some of the major  thrusts of the  different 
operational  programmes 
training 
actions,  psychological  preparation  and  entrepre 
neurial project  development  and  follow-up. 

involved 

Enterprise  creation 
by  the  European  Union 

supported 

EMPLOYMENT-NOW  has  added  some 
refinement  to this process. Initial analyses of pro 
jects show that  44  per cent  of them  are involved 
in some way in the development  of the entrepre 
neurial  spirit  and  preparation  for  setting  up  in 
business. Most projects insist on the creation of a 
business  as  the  primary  solution  to  the  current 
shortage  of  jobs,  but  some  of  the  projects  are 
aimed  at  women  who  are  already  highly  quali 
fied. This  can  include  women  graduates  from 
higher  education  backgrounds  with  substantial 
work experience who turp  to  the solution  of set 
ting  up  their  own  businesses  when  the  road 
upwards  within  their  present  organisation  seems 
to be blocked. 

Women 
in  regional  policies 

entrepreneurship 

Female entrepreneurship was on  the agenda of 
a  'Europartenariat'  in  June  1996  in  Luleâ, 
Sweden. At this event, discussions held and state 
ments  made,  reveal  a  strong  interest  in  going 
beyond  the  framework  of  experiences  from  the 
past and in moving increasingly towards business 
start-ups. Such a process would  involve bringing 
them  into  the  wider  development  context  with 
the support  of the Structural  Funds in  particular 
and  also  taking  into  account  the  concerns 
expressed  by women  setting  up  their  own  busi 
nesses through  general  policies  designed  to sup 
port and aid companies generally. 

The  discussions  *and  views  expressed  by 
women  entrepreneurs  show  a diversity  of  situa 
tions,  and  at  the  same  time  a  concentration  of 
concern  on  specific  issues.  These  latter  can  be 
broadly divided into three categories: 

•  psychological  support  designed  to  reinforce  or 
develop  the  entrepreneurial  spirit  in  women. 
This phase includes the search for specific skills, 
the setting up of a parrnership initiative and the 
process of selecting partners or employees; 

•  technical  assistance  in  the  development  of  a 
business project,  training per se, financial  man 
agement and marketing support; 

•  guidance through  the development phase. 

The first area meriting involvement at the very 
outset  would  be that  of funding.  The  search  for 
share  capital  and  the  availability  of  operating 
funds,  an  issue  for  anybody  setting  up  in  busi 
ness, can be doubly problematic for a woman, to 
the  extent  that  the  providers  of  funding,  the 
banks, are not used to dealing with women entre 
preneurs. The  provision  of  grants  and  financial 
support specifically targeted towards women, can 
provide the extra impetus that  brings the  project 
to  fruition.  Successful  examples  of this  situation 
were outlined during the meetings. The LEI pro 
gramme  itself  has  run  its  own  initiatives  in  this 
direction. The meeting in Luleâ is to be followed 
up by another event initiated by the Commission 
for  the creation  of financial  mechanisms, involv 
ing  high-street  banks  and  savings  banks,  in  a 
campaign  to help women  set  up  their  own busi-

49 

WOMEN AND MEN IN A CHANGING ECONOMY 

nesses.  In more  general  terms, it  is important  to 
help  women  enttepreneurs  to  use  the  facilities 
made available to  them  within  the framework  of 
Community actions in favour of small and medi 
um-sized  companies,  such  as  the  measures  in 
favour  of  women  entrepreneurs  and  assisting 
spouses  foreseen 
in  the  Third  Multiannual 
for  Small  and  Medium-sized 
Programme 
Enterprises  (SMEs)  in  the  European  Union 
(1997-2000)". The  creation  of  European  net 
works and enterprises by women  as well as train 
ing and information  initiatives will be among the 
priority  activities,  as  decided  by  Council  in 
November,  1996. 

Another  action  plan  involves  the  creation  of 
national  and  transnational  networks and the set 
ting  up  of  partnership  programmes  with  key 
actors,  companies,  social  partners,  local  authori 
ties and training and employment services. 

Identification  of  new  niches  is one of  the pri 
mary areas of activity: according to NOW's expe 
rience, promoters have identified  growth areas in 
personnel  services,  tourism  and  ecology-based 
markets.  Furthermore,  it  seems  that  a  research 
strategy  for  both  local  and  regional  potential 
markets  has  developed.  Agricultural  activities 
have  often  been  associated  with  environment-
protection  activities, such  as the development  of 
organic foods  and  tourism. 

11  Council  Decision  of  9.12.1996  - OJ  (to  be  completed) 

50 

CHAPTER 3 

COMBINING  WORK WITH 
HOUSEHOLD LIFE 

THE EFFECT OF CHILDREN 
ON PARENTS' EMPLOYMENT 

In  recent  decades,  European  labour  markets 
have changed  significantly.  The  European  popu 
lation  of working age is declining  and  the struc 
ture of the labour force has changed considerably. 
The  increasing  labour  market  participation  of 
women  is  one  of  the  most  important  develop 
ments.  Related  developments  are  the  growing 
number  of  dual-income  households  and  lone-
parent  families  in some countries. 

the 

However, 

increasing  participation  of 
women  in  the  labour  market  is  not  without  its 
problems.  Equal  opportunities  for  women  and 
men  are not yet within  reach. Women work pre 
dominantly  in  the  part-time  and  temporary 
labour  market,  although  not  all  do  so  out  of 
choice. Responsibility for young children is often 
seen as an important obstacle to women attaining 
equal opportunities, since the care for  children is 
predominantly  the  responsibility  of  women. 
Hence,  there  is  a  growing  awareness  that  mea 
sures  should  be  taken  to  facilitate  the  combina 
tion of paid  work and  care, for  both women  and 
men. There is an increasing demand  for  opportu 
nities to combine (paid) labour and (unpaid) care 
and  to  provide  for  more  flexibility  in  working 
arrangements.  Important  methods  to  achieve 
such  flexibility  are  childcare  services  and 
(parental)  leave  facilities.  Within  the  context  of 

51 

COMBINING WORK WITH  HOUSEHOLD LIFE 

the growing participation of women in European 
labour  markets,  the  focus  of  this  chapter  is  on 
measures taken  at different  levels to facilitate  the 
combination  of work and care for children. 

The  levels  of  mothers'  participation  in  the 
labour  force  differs  considerably  between  coun 
tries,  while  total  male labour  force  participation 
rates are very similar across the European  Union. 

However, the participation ptofiles seen in each 
Member  State can be very differently  affected  by 
the number  of children in the family. 

In some countries, regardless of the presence of 
children,  the  participation  profiles  of  mothers 
remain at a high level. This appears to be the case 
the  Scandinavian  countries,  Sweden, 
for 
Denmark and Finland. The second pattern exists 
in  countries 
the 
like  Germany, 
Netherlands,  Greece,  Spain  and  the  UK,  where 
the  participation  rate  is strongly  affected  by  the 
presence  of  children.  Here,  the  participation  of 
mothers  with  one  child  is  considerably  lower 
than  that of women without  children. Moreover, 
as the number of children increases, mothers' par 
ticipation  declines further.  A third  profile  occurs 

Ireland, 

in Italy and Portugal. In these countries, the pres 
ence of children  also affects  the  participation  of 
mothers.  But  here,  the  influence  of  the  second 
child is the key factor;  the participation  of moth 
ers with one child  being similar  to  the participa 
tion of women without children. Finally, a fourth 
pattern  is found  in  France and,  to a lesser extent 
in  Belgium.  Only  mothers  with  three  or  more 
children have very different  participation  profiles. 

Further differences  arise if we compare partici 
pation  rates of fathers and mothers with  children 
under age ten.  Besides the high levels of employ 
ment  for  fathers,  the different  share of  part-time 
work between  fathers  and  mothers is striking. In 
most  countries,  fathers  are  less  likely  to  work 
part-time, while part-time work for  mothers is of 
much  more  importance  though  not  all  women 
with part-time jobs have these by choice. 

Part-time work plays a different  role for  moth 
ers and fathers.  Its importance for  mothers varies 
across Member  States,  but  in  several,  it  has con 
tributed  to  the growth  in women's  participation. 
In  the  Netherlands,  Sweden  and  the  UK,  part-
time work  is usual  for  mothers  with  young chil 
in  Belgium,  in 
dren  and  is  also  common 

EMPLOYMENT STATUS OF MOTHERS WITH CHILD AGED 0*10 YEARS, 
[H  THE EUROPEAN UMON, (%)  1993 

TABLE 16 

B 

DK 

D 

GR 

E 
F 
I RL 

" 
NL 

A 
P 

S 

UK 

EU 

12 

I 

I 

I 

I 
I 
I 

I 

I 

I 
I 
I 

I 

I 

1 
0 

I 

I 

I 
, 
I 
I 
I 
, 
I 

I 

> 
I 
I 
I 

I 
' 
i 

I 
20 

I 
I 
I 

1 
I 
I 
I 
I 

I 
40 

TOTAL 

FULL-TIME 

PART-TIME 

60 

80 

1 00 

NOTE:  AUSTRIA;  INFORMATION  IS  FOR  MOTHERS  WITH  CHILDREN  UNDER  15;  SWEDEN  INFORMATION  IS  FOR  MOTHERS 

WITH  CHILDREN  UNDER  7  YEARS 

SOURCE:  EUROPEAN  C O M M I S S I ON  NETWORK  ON  CHILDCARE  A ND  OTHER  MEASURES  TO  RECONCILE  EMPLOYMENT  A ND 

FAMILY  RESPONSIBILITIES 

52 

COMBINING  WORK  WITH  HOUSEHOLD  LIFK 

Denmark,  Austria  and  Germany.  In  contrast,  in 
the southern  Member States, Greece, Italy, Spain 
and  Portugal part-time work is less common. 

A  comparison  of  the  employment  of  mothers 
from  1985  to  1993 shows a considerable  rise of 
employment.  With  the  exception  of  Denmark, 
which has high employment  rates for mothers, in 
all  countries  the  employment  of  women  with 
young  children  rose,  with  the  growth  in  female 
employment  being  particularly  high  in  the 
Netherlands,  Ireland, the UK and  Belgium. 

Finally,  some  remarks  should  be  made  about 
the  unemployment  rates  of  parents  throughout 
the  European  countries.  In  most  countries,  the 
unemployment  rates  of  mothers  are  at  a higher 
level  than  the  unemployment  rates  of  fathers. 
However,  a  large  proportion  of  mothers  in  the 
Member  States are not  active in  the labour  mar 
ket  at  all.  In  Greece,  Spain,  Ireland,  Italy, 
Luxembourg and the Netherlands, around  50 per 
cent of mothers do not have a job. In contrast, in 
the Scandinavian  countries  and  Portugal,  25 per 
cent of mothers are unemployed. 

A  few  conclusions  emerge  from  this  analysis. 
The  most  important  conclusion  is that  children 

do  make a difference  for  women's labour  market 
participation.  Generally,  the  participation  of 
women  without  children  is  considerably  higher 
than  the  participation  of  women  with  care-
responsibilities for  children.  In contrast,  the par 
ticipation of men is unaffected  by the presence of 
children. 

However,  this  pattern  is not  consistent  across 
all Member States. In the Scandinavian countries, 
the participation  rate of mothers is hardly  affect 
ed  by  the  presence  of  children.  Also,  in  some 
countries  the  age  of  children  proves  to  be  an 
important  factor  for  the  participation  levels  of 
mothers  in  the labour  market.  In  most  Member 
States,  the  labour  force  participation  rates  of 
women  increase  with  the  age  of  their  youngest 
child. 

These  differences  between  countries  suggest 
that  the current  situation  is not fixed. Moreover, 
the  fact  that  participation  patterns  are  so  diver 
gent, suggests that labour market behaviour is not 
an  exogenous  fact,  but  sensitive  to  the  organisa 
tion  of  the  economy  and  social  system  adopted 
by countries. In the following  sections, attention 
is given to the organisation of social provision. 

PE&tEKBGE Of mRT^TIME EMPLOYMENT AMONO 

MOTHERS AND I^HEftS  IN  M 

MOTHERS 

FATHERS 

:.:•:,.:.:•:•:•:•»;•:•,:•:•:•:•;,„ 

B 

DK 

D 

GR 

E 

F 

I RL 

I 

L 

NL 

A 

P 

F IN 

S 

UK 

E U 12 

I 

0 

| 

20 

I 

40 

60 

80 

1 00 

NOTE:  LUXEMBOURG  FATHERS:  NUMBER  IN  S A M P L ES  TOO  SMALL 

SOURCE:  EUROPEAN  C O M M I S S I ON  NETWORK  ON  CHILDCARE  AND  OTHER  MEASURES  TO  RECONCILE  EMPLOYMENT  AND 

FAMILY  RESPONSIBILITIES 

53 

COMBINING  WORK  WITH  HOUSEHOLD  LIFE 

Childcare services 
in  the Member  States 

In  March  1992, the  Council  of  Ministers 
adopted a Recommendation on childcare.1 In this 
Recommendation,  Member  States  are  encour 
aged  to 'take and/or  progressively encourage ini 
tiatives  to enable  women  and men to reconcile 
their  occupational,  family  and  upbringing 
responsibilities arising from  the care of children.' 
More  specifically,  the Council  Recommendation 
identified  four  areas where  initiatives  should be 
taken:  leave  arrangements  for  parents;  making 
the workplace responsive to the needs of workers 
with children; supporting increased participation 
by men in the care and upbringing of children; 
providing  childcare  services  for parents  who are 
training,  or  seeking 
working,  undertaking 
employment  or  training.  In  Article  3  of the 
Recommendation,  which  deals  with  childcare 
services,  some  important  qualifications  of these 
services are identified. They should: 

• be accessible to children  with  special  needs; 

• be flexible and  diverse, while preserving coher 

ence between  different  services; 

• be  staffed  by  workers  whose  training  is in 
accordance with  the importance of their work. 

To what extent do these qualifications  meet the 
reality of the  childcare  services  in the European 
Member States? An initial answer to this question 
is offered  by the 1996  report2  published  by  the 
'European  Commission  Network  on  Childcare 
and  other  Measures  to  reconcile  Employment 
and  Family Responsibilities'. This  report  reviews 
all  services  providing  'safe  and reliable  care  for 
children  under  ten. The  focus  is on all childcare 
services such as nurseries or family  day care, but 
also on childcare services provided  by other insti 
tutions like schools and  kindergartens. 

Chart 3 gives an overview of some of the main 
results of the review. It shows the diversity of the 

' OJ L 123 of 8.5.1992,  p.16. 

1 A review of services for young children in the European Union 

• be  affordable  and  available  in  all  (rural and 

(1990-1995),  European  Commission  Network  on Childcare 

urban) areas; 

and  other  Measures  to  reconcile  Employment  and  Family 

• combine  reliable  care  with  a  pedagogical 

Responsibilities,  European  Commission,  DG  V,  January 

approach; 

1996. 

• TABLE W 
ftHMIME  AND PART-TIME  EMPLOYMENT OF MOTHERS WITtt CHILD AGED>t* YEARS, 
IH THE EUROPEAN UNION, (%)  1985 AN& Î993 

r' •••;]: ;-^ 

:f,; 

1985 

1993 

B 

DK 

D 

GR 

E 

F 

I RL 

I 

L 

NL 

A 

P 

F IN 

S 

UK 

EU  12 

NOTE:  A U S T R IA  INFORMATION  FOR MOTHERS  WITH  CHILDREN  UNDER  I S:  SWEDEN  INFORMATION  FOR MOTHERS  WITH  CHILDREN  UNDER  7 

20 

40 

60 

80 

1 00 

YEARS 
SOURCE:  EUROPEAN  C O M M I S S I ON  NETWORK  ON CHILDCARE  A ND OTHER  MEASURES  TO  RECONCILE  EMPLOYMENT  A ND  FAMILY 

RESPONSIBILITIES 

54 

COMBINING WORK WITH  HOUSEHOLD LIFE 

services for  young children  and  the levels of ser 
vice  provision.  For  example,  the  level  of  public 
provision  for  children  under  three  is  high  in 
Denmark, Sweden, Belgium, France and Finland, 
but  low  in  Spain,  Ireland,  the  UK  and  Greece. 
Services for  children  between  three and  six years 
old are on a more advanced level compared to the 
level  of  services  for  0-3  year-olds.  This  arises 
mainly  from  pre-primary  schooling  (kinder 
garten)  and  early  admission  to  compulsory 
schooling. In France, for example, nearly all chil 
dren  in  the  age  group  attend  l'école  maternelle 
from  the age of three. In the Netherlands pre-pri 
mary  schooling  does  not  exist,  but  children  are 
admitted  to primary schooling before  compulso 
ry school-age, at the age of four.  However,  major 
differences  remain: Portugal, Finland and Ireland 
have the lowest levels of public funded  provisions 
for  children  in  the  age  group  3-6  and  France, 
Belgium and  Italy the highest levels. 

Data  on  services  for  children  between  six and 
ten years, outside school hours, is limited and dif 
ficult  to  interpret.  Information  on  childcare  for 
school-age children  before  and  after  school,  dur 
ing lunchtime and on days off,  is difficult  to col 
lect, because of the number  of organisations  and 

groups  involved.  However,  from  Commission 
estimates  of  the  levels  of  provision  for  this  age 
group,  it  becomes  clear  that  care  for  these  chil 
dren  outside school  hours  is limited.  Most  chil 
dren  appear  to  be  provided  care  in  ways  other 
than through public funded  services. Information 
suggests that  in  most  countries such  provision  is 
available for less than ten per cent of this popula 
tion.  Exceptions 
this  are  Sweden  and 
Denmark, where nearly two-thirds of the popula 
tion  is cared  for  by such  services and  to  a lesser 
extent,  France,  where  30  per  cent  of  children 
between  6-10 are cared  for  in a childcare service 
that provides care and  recreation. 

to 

Monitoring  childcare services 

To what extent do these services meet the prin 
ciples set down by the Council  Recommendation 
on  childcare?  Is  childcare  affordable  and  avail 
able,  does  it  combine  reliable  care  and  a  peda 
gogical  approach?  And  what  about flexibility, 
diversity and coherence? It is clear from  the chart 
that  this question  cannot  be easily answered  at a 
European  level. There  are two  major  reasons  for 
this: 

RATE OF UNEMPLOYMENT AND INACTIVITY OF MOTHERS AND  FATHERS, WITH CHItO 

AGED o io  YEARS, IN THE EUROPEAN UNION, {%) 

t$n 

B 

DK 

D 

GR 

E 

F 

I RL 

I 

L 

NL 

A 

P 

F IN 

s 

UK 

'•: 
I 
':: 
I 
": 
I 

I 
EU  12  ':: 
i 
0 

MOTHERS  U>  EMPLOY. 

MOTHERS  IN  ACTIVE 

FATHERS  UN  MPLOY. 

FATHERS 

I N A : T I VE 

20 

40 

60 

80 

1 00 

NOTE:  AUSTRIA  INFORMATION  FOR  PARENTS  WITH  CHILDREN  UNDER  15;  SWEDEN  INFORMATION  FOR  MOTHERS  WITH  CHILDREN  UNDER  7 

YEARS. 

SOURCE:  EUROPEAN  C O M M I S S I ON  NETWORK  ON  CHILDCARE  A ND  OTHER  MEASURES  TO  RECONCILE  EMPLOYMENT  A ND  FAMILY 

RCSPONSIQILITICS 

55 

D 
O 
S 
z 
z 
o 

I 

H 
X 
X 
o 
c 
m 
X 
o 
r* 
a 

*T1 

es 

Wgmm^ 

CHILDREN,  SCHOOL-AGE AND  LENGTH  OF SCHOOLDAY 

Country3 

Year/data 

Publicly  funded*» services  for  children  (%) 

School-age 

0-3  years 

3-6  yearsd 

Length  of  school 
day  in  hours 

Proportions  in  publicly  funded  services  for  children 
6-10  yearsc 

Belgium 

Denmark 

Germany 

East 

West 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Netherlands 

Austria 

Portugal 

Finland 

Sweden 

1993 

1995 

1990 

1993 

1993 

1993 

1993 

1991 

1991 

1993 

1994 

1993 

1994 

1994 

United  Kingdom 

1993 

27 

48 

50 

2 

3 

2 

23 

2 

6 

6 

8 

3 

12 

21 

33 

2 

95 

82 

100 

78 

64 

84 

99 

55 

91 

91 

71 

75 

48 

53 

72 

60 

6 

7. 

6 

6 

6 

6 

6 

6 

6 

5 

6 

6 

7 

7 

5 

7 

3-5 '/>d 

4-5 

4-5d 

5 

8 

-

6 2%  + all  six year  olds  in  pre-primary  education 

8 5% 

5% 

<5%  (estimate) 

-

±  30% 

4.40-5.40d 

<5%  (estimate) 

5'/>-6 

8 

7 

4-5 

6 

4-5 

2!4-6d 

6'/i 

-

-

<5  (estimate) 

6% 

10% 

5%  +60%  of six  year  olds  in  welfare  and  education 

system  services 

64%+  some  six year  olds  in  pre-primary  schooling 

<5%  (estimate) 

Source: A review  of services  for  young  children  in  the  EU  1990-1995,  European  Commission  Network  on  Childcare  and  other  Measures  to  reconcile  Employment  and  Family  Responsibilities,  1996. 

Notes: 
a Information  on  levels of  provision  need  to be  interpreted  as follows:  places available  in  Belgium  and  France  (for  children  aged  0-3, except  for  two  year olds  in  pre-primary  schooling),  Germany,  Italy  (for  children 
aged 0-3),  the Netherlands,  Portugal  and  the  UK.  Children  attending  for  Belgium  and  France  (two year olds  in  pre-primary  schooling  and  3-6),  Denmark,  Greece, Spain,  Ireland,  Italy  (for  children  aged  3-6), 
Austria,  Finland  and  Sweden. 
b 'Publicly  funded'  means  that  more  than  half of the  total  costs  of a service  arc  paid  from  public sources, and  usually  between  75  per  cent  and  100  per  cent. 
c This  figure  does  not  include  children  in compulsory  schooling;  it  is confined  to services providing  care and  recreation. 
d  Schoolhours  increase as child  grows  older. 
- No  information. 

COMBINING  WORK  WITH  HOUSEHOLD  LIFE 

y#&)&Zii£iiSM$m 

Basic data is inadequate. There is no uniform  sys 
tem  for  collecting  standard  information  across 
Europe.  Information  on  other  arrangements, 
such as family  day care, may be covered  in occa 
sional  reports,  but  is  not  provided  on  a  regular 
basis. The most serious gaps come in statistics on 
private,  non-subsidised  services,  like  in-home 
care and care by relatives. 

Basic data needs interpretation.  Data on provisions 
need interpretation, beyond the broad aggregates, 
because there are large differences  in  the volume 
of the services offered.  Another  more  complicat 
ed  aspect  of  interpreting  cross-national  statistics 
is that differences  in quality have to be taken into 
account. 

PARENTAL LEAVE 

In  June  1996  a  Directive  on  Parental  Leave3 
was  adopted  by  the  Council  of  Ministers.  This 
Directive  rounds  off  a  discussion  ongoing  since 
1983,  when  the  Commission  put  forward  pro 
posals  for  a  legal  instrument  in  relation  to 
parental  leave.  In  December  1995,  negotiations 
between  organisations  of  trade  unions  and 
employers  led  to  a  Framework  Agreement  on 
Parental  Leave  in  which  ETUC,  UNICE  and 
CEEP  participated.  Pursuant  to Article  4  of  the 
Agreement  on Social  Policy, the signatory parties 
requested  the Commission  to put  forward  a pro 
posal4 for  a Council  act implementing  the agree 
ment. 

In  the  Directive  the  minimum  requirements 
for  a  parental  leave  provision  for  the  European 
Union  are  outlined.  According  to  Clause  2,  the 
parental leave provision entitles women and men 
to  an  individual  right  to  parental  leave  on  the 
grounds  of  the  birth  or  adoption  of  a  child  to 
enable them  to take care of that child, for at least 
three months,  until  a given  age up to eight years 
to  be  defined  by  Member  States  and/or  social 
partners'. With  the intention  of promoting equal 
treatment  between 
opportunities  and  equal 
women  and  men,  Clause  2  also  states  that  the 

right  to  parental  leave  should  in  principle  be 
granted  on  a non-transferable  basis.  In  addition 
to  parental  leave, workers  should  be  entitled  to 
time-off  from  work,  on grounds of force majeure 
for  urgent  family  reasons  in  cases of sickness  or 
accident  making  the  immediate  presence  of  the 
worker  indispensable'  (Clause  3). The  Member 
States will have two years following  adoption  to 
implement  the  Directive. There  is a 'non-regres 
sion'  clause, which  specifies  that  Member  States 
can  maintain  or  introduce  more favourable  pro 
visions. 

As long as the minimum  requirements are met, 
the character of parental leave is to be determined 
by  the  individual  Member  States  and/or  social 
partners. The Directive also states that  all matters 
relating  to  social  security'  are  for  consideration 
and  determination  by  Member  States  and 
remains silent  on  contentious  areas like the pay 
ment to workers on leave. 

Parental leave  arrangements 
in Member  States 

Chart 4 presents an overview of the provisions 
for  parental  leave in  the fifteen  European  Union 
countries.  It  appears  that,  with  the  exception  of 
the  UK,  Belgium,  Denmark,  Ireland  and 
Luxembourg,  parental  leave is a right  of workers 
in all European Union countries. For Ireland and 
Luxembourg, the Directive implies the introduc 
tion  of  parental  leave.  Belgium  does  not  have a 
parental  leave  scheme,  but  the  career  break 
scheme' can  be used  for  various  reasons,  includ 
ing the care of a child.  Originally,  Denmark had 
a parental leave scheme, but this scheme has been 
developed  for  broader  use,  in  a  similar  way  to 
Belgium. 

Parental  leave can  be organised  on  a family  or 
an individual  basis. The  former  means  that  both 
parents have a shared  right  to the leave. An indi 
vidual  based  leave  gives  parents  a  non-transfer 
able  and  reserved  right  to  (some  part  of  the) 
leave. Workers  in  most  countries  have  a  family 
right  to parental  leave. Originally,  parental  leave 
was  set  up  as  an  extended  maternity  leave,  for 

'OJ  L 145 of  19.6.1996 p.4. 
4 COM(96) 26 final  of 31.1.1996. 

57 

§l§ii§i^^ 

00 

Country 

Duration 
Maximum 

Boundaries 

Transferability 

Benefits 
Rate 

Belgium3 

None 

None 

Individual 

Flat-rate  with  higher  payment 
for  two  and  three  children 

Denmarkc 

10 weeks + 
3-9  months 

Until  child  is 
nine  years 

Family 
Individual 

Flat-rate:  80  per  cent  of 
unemployment  benefit 

Germany 

36  months 

Greece 

3  months 

Family 

Income-related 

Individual 

Unpaid 

Until  child  is 
three  years 

Until  child  is 
twoVS years 

Until  child  is 
three  years 

36  months 

36  months 

None 

Family 

Family 

Unpaid 

Flat-rate,  from  second  child 

Until  child  is 
three  years 

Period 

Weeks 

Weeks 
Weeks 

Until  child  is 
three  years 

Flexibility 
Part-time 

Fractioning 

Restrictions  in  coverage 

Conditions 

Yesb 

No 
No 

Yesb 

No 

No 

Yes 

Yes 

No 
Yes 

Yes 

Yes 

No 

No 

On  employer's  agreement 

None 

None 

12  months  of 
service 

No 

4  wks  of  service 

Companies  100  workers 
and  eight  per  cent  claims 

12  months  of 
service 

None 

None 

No 

12  months  of 
service 

n 
o 

CD 

o 
73 
7<. 
* 
H 
X 
X 
o 
c 
u~. 
m 
X 
O 

6  months 

Following  m.l.d 

Family 

Income-related  30  per  cent 
of  earnings 

Weeks 

No 

No 

Farmers/self-employed/ 
domestic  services 

No 

6  months 
part-time 

24  weeks 

Until  child  is 
four  years 

Until  child  is 
four  years 

Individual 

Unpaid 

Family 

Flat-ratee 

Weeks 

6  months 
Max:  24  months^ 

36  months 
Until  child  is 
three  years 

Following  m.l. 

Family 

Unpaid 

Following  m.l. 
Until  child  is 
three  years 

Until  child  is 
eight  years 

Family 
Family 

Family 

Income-related:  66  per  cent 
Flat  rate 

Income-related:  80  per  cent 
(ten  months)  and  90  per  cent 
(two  months);  flat-rate  (three 
months) 

Only 

Yesb 

No 

No 

No 

No 

None 

12  months  of 
service 

Prov.govern.  Workers 
and  agriculture/forestry 

No 

None 

12  months  of 
service 

No 

6  months  of 
•  h 
service 

Weeks 

Yes 

Yes 

None 

Weeks 

Yes 

Yes 

None 

. 

Source:  Leave arrangements  for  workers  with  children,  European  Commission  Network  on  Childcare  and  other  Measures  to  reconcile  Employment  and  Family  Responsibilities,  (1994,  update  1995). 

Notes 

d  M.l.=  maternity  leave. 

a  No  parental  leave,  but  career  break'  of  6  to  12  months  per  worker  subject  to  employer's  agreement. 

c  Higher  for  single  parents  or  low  income  families. 

b  Only  with  employer's  agreement. 

f  Portugal:  maximum  of  24  months  to  be  taken  in  special  circumstances. 

c  Leave  can  also  be  used  for  other  reasons,  such  as  training:  workers  taking  leave  arc  not  guaranteed  their  jobs 

g  B:  basic  parental  leave;  E: extended  'child-care'  leave.  , 

.  r 

Luxembourg 

None 

Spain 

France 

Ireland 

Italy 

Netherlands 

Austria 

Portugal 

FinlandS 

Sweden 

18  months 

United  Kingdom 

None 

mothers. A shared (family) right to parental leave, 
for  both  fathers  and  mothers,  was  developed 
later.  In  many  countries,  the  right  to  parental 
leave for fathers is still a derived right: the father 
is only entitled if the  mother is also entitled and 
waives  her  right  to  leave.  Individual  rights  to 
parental  leave  have  only  recently  been  imple 
mented  (Greece, the Netherlands). Some coun 
tries have made changes in  their legislation and 
split the leave in two parts with both an individ 
ual and a family right to parental leave (Sweden, 
Denmark). 

There are wide variations across Member States 
in  the duration  of leave.  In  some countries the 
leave is limited  to three  months  (Greece) or six 
months (Italy, the Netherlands), while in others 
the maximum  leave period  is set at 36 months, 
for  example,  until  the  child  is  three  years old 
(Germany, France). 

In four countries, parental leave is unpaid dur 
ing the whole period of leave (Greece, Spain, the 
Netherlands  and  Portugal).  However,  in  most 
countries  there  are some  benefits,  at  least  for a 
minimum period of the leave. 

The  extent  to which  leave can  be taken  in a 
flexible  way varies.  Central  issues are part-time 
work  and  the  possibility  of  dividing  the leave. 
Part-time  work  during  the  leave  period  is  not 
possible in every country: only in France, Finland 
and Sweden do parents have a right to work part-
time.  In  Belgium,  Germany  and  Austria  part-
time work  is possible,  under  the condition  that 
the employer agrees. In contrast, part-time work 
is  the  only  possibility  for  parents  in  the 
Netherlands,  where  workers  may  lower  their 
work week to 20 hours. The purpose is to stimu 
late parents to combine work and care responsi 
bilities for children while keeping parents in the 
labour  market. Staggering the leave, rather than 
taking the whole leave period at once, is possible 
in  Belgium,  Germany,  Greece,  Finland  and 
Sweden, while in other countries leave should be 
taken  in  a single  period.  Parental  leave  is most 
flexible  in Sweden, where it can be staggered and 
taken  part-time  without  the  employer's permis 
sion. 

The  eligibility  conditions  to  take  leave  are 
attached to the period of service of the worker in 

COMBINING WORK WITH HOUSEHOLD LIFE 
'tss&sMMSsmtsssms&t 

SCHOOL-AGE CHILDCARE: 
A GROWING NEED5 

Childcare services focus on services for young children of pre 
school  age,  which  are,  of  course,  essentials  for  conciliation 
between  work  life  and  household  life.  But  school-age  child 
care  is  also  important  as  emphasised  by  a  report  of 
the European Network for School-age Childcare. 

School-age childcare fills the gap at the end of the  school day. 
It  may  also  be  needed  for  other  periods  such  as  the  time 
before  school opens in  the morning,  during school holidays; 
during school half-days; and when schools are closed for other 
reasons. 

In different  countries within  the European  Union,  these ser 
vices have  different  names  and  different  emphases.  In  some 
Member  States  they  are  well  established,  with  a  respected 
place in social policy towards families.  In  others there is cur 
rently  some  development,  but  school-age  childcare  services 
are not yet in any way systematic. In  still others  they do  not 
yet  figure  on  the social agenda; and  while  individual  parents 
acknowledge  their  own  daily  problems  in  combining  work 
and  family  responsibilities,  the  very  concept  of  'school-age 
childcare'  may still sound  strange  to  those who  shape  public 
policy. 

As the proportion of women employed with a child under  15 
is significant and rising (from  81 per cent in Finland and over 
70  per  cent  in  Denmark,  Sweden  and  Portugal,  over  60  per 
cent  in  Austria,  Belgium  and  France,  over  50  per  cent  in 
Germany  and  the  UK,  to  34  per  cent  in  Ireland  and  Spain 
and under 50 per cent in the Netherlands, Luxembourg, Italy, 
Greece), school-age  care has importance  both  for  reconcilia 
tion  of work  and  family  life  and  for  the  social  and  cultural 
development of young children. 

Parents, especially  mothers, who  either  cannot  seek employ 
ment  or,  if they do  so, are dependent  on  informal  childcare 
arrangements,  are  vulnerable  to  dismissal,  unless  employers 
are prepared to overlook absenteeism  and  the lack of punctu 
ality. School-age childcare services can be instrumental in pro 
moting social cohesion. They can help children and parents to 
mix with  others from  different  ethnic  backgrounds  and  they 
can  allow  children  with  a disability  to  share  their  free  time 
with  the non-disabled;  in short,  they can  be a local  commu 
nity resource with benefits  beyond  simple childcare. 

'  School-age  Childcare  in  the  European  Union,  European  Commission  Network 

on  Childcare  and  other  Measures 

to  reconcile  Employment  and  Family 

Responsibilities,  1996. 

59 

COMBINING WORK WITH HOUSEHOLD LIFE 

LUXEMBOURG- EQUALITY FOR 
PART-TIME WORKERS 

In  Luxembourg, a law passed in February  1993 guaran 
tees equality in the private sector between those who hold 
a part-time and those who hold a full-time  job. The law 
confirms  that  a  part-time  job  should  attract  the  same 
advantages  and  benefits  as  those  recognised  for  a  full-
time job. Thus, the pay of a part-time worker should be 
proportional  to that of another worker who holds a full-
time job in the same company with the same skills. 

Moreover,  when  the  part-time  worker  is  called  on  to 
work beyond the working hours written into his/her con 
tract,  such  hours  are  considered  as overtime  hours  and 
give entitlement to  an  increase in pay equivalent  to  that 
envisaged legally and contractually for overtime hours. 

This  is  one  of  the  measures  introduced  by  the 
Luxembourg  State  in  favour  of  reconciliation  between 
working life  and  family  life,  namely by the guarantee of 
absolute equity in the case of part-time work. 

In addition, the State takes on responsibility for the social 
protection  of  parents  who  are entided  to what  is called 
'the baby year', a leave period which the mother or adop 
tive  parent  may  take  after  the  birth  or  adoption  of  a 
child. This maternity year has just been extended to two 
years,  during which  period  the  State pays  for  the social 
contributions of the wage earner on  the basis of the pre 
vious salary. 

These measures are intended  to benefit  everyone includ 
ing men.  However,  80  per cent  of all part-time  workers 
in Luxembourg are women.  Up to recently the  majority 
of  unpaid leave requests came from women. Analysis will 
show whether  the  new  measures are achieving  their aim 
of better  reconciling work and family life. 

60 

his/her particular employment. In five countries 
there  are  no  conditions  for  access  to  the leave 
(Denmark, Spain, Italy, Austria and Finland), but 
in five others,  12  months  of  service  with  the 
employer  is required  (Belgium,  Greece, France, 
the  Netherlands  and  Portugal).  Variations  are 
found  in  Germany  (four  weeks of service)  and 
Sweden  (six  months).  Restrictions  in  leave  do 
occur;  in  some  countries  certain  groups  are 
excluded.  For  example,  small  companies  in 
Greece can  object  to  the  leave when  eight  per 
cent of the workers in the company take parental 
leave in a year. 

Monitoring  parental  leave 

From an equal opportunities point of view, it is 
important to know if the parental leave arrange 
ments are designed (implicitly or explicitly) as an 
extended  maternity  leave,  stimulating  mainly 
women to take the leave, or if they are an incen 
tive for men to take up parental leave. The differ 
ent variations in parental leave schemes prove to 
be very important factors in stimulating parents, 
mothers and fathers, to take up leave. 

It remains rather unclear to what extent parents 
use parental  leave  arrangements. An  important 
explanation for this is that household and labour 
force surveys do not collect data on  the specific 
reasons  for  leave  of  absence,  such  as  parental 
leave. With the exception of labour force surveys 
in the Netherlands and Sweden, national surveys 
do not distinguish parental leave from  other rea 
sons for leave. 

There is some data available on  the extent  to 
which parents use parental leave. It makes it clear 
that the take-up rates of parents vary enormously 
between countries and that parental leave is wide 
ly used by mothers when it is paid. In addition, it 
is clear that take-up rates of fathers are in sharp 
contrast with those of mothers. Even in countries 
where the conditions for leave are relatively well 
developed (in terms of payment and  flexibility), 
fathers  do  not  take  parental  leave  to  a  large 
extent. An exception to this is Sweden, where the 
combination  of flexibility  and  the high  level of 
payments lead to relatively high take-up rates by 
both  mothers  and  fathers.  More  structured 
research is necessary to gain more insight into the 

COMBINING WORK WITH  HOUSEHOLD LIFE 

'take-up  behaviour* of  mothers  and  fathers  and 
the  factors  that  affect  the  decision  of parents  to 
take up leave. 

In identifying reasons for taking parental leave, 
the preferences  of parents  and  the availability of 
other solutions are also important. In addition, it 
can  be assumed  that  preferences  of parents vary, 
not only between countries, but also on a region 
al level. Parents can opt  for  different  profiles'  of 
care  for  their  children.  Formal  and  informal 
childcare services, part-time work and/or  flexible 
working  arrangements  of  parents  to  ensure care 
of their children by themselves, are some of those 
possibilities.  Moreover,  people  can  choose  to 
make  a  combination  of  different  options.  The 
extent  to  which  parents  can  make  a  choice 
between these options, between the availability of 
alternatives,  is  influenced  by  state  policies  and 
infrastructures. 

Part-time  work and  temporary 
jobs  as a  means of  conciliation 

Job flexibility can  be regarded  as a risk, to  the 
extent that it generates situations of job insecuri-

Sftmttm&Ztmxiïm 

ty, low incomes and gaps in social protection. But 
so-called atypical jobs are also a means of access 
to  employment from which women  benefit  and 
in particular women returning to the labour mar 
ket  after  a  long  period  of  absence  or  inactivity 
related to family life or the rearing of children. 

Part-time working has been the area of working 
where job creation has grown most strongly and 
consistendy  during  both  the  period  of  overall 
employment growth between 1987 and 1990 and 
perhaps  more significantly,  during the period  of 
downturn,  1990-94.  Part-time  employment  is 
thereby  accounting  for  an  increasing  share  of 
total employment. 

While  the  total  number  of  jobs  fell  by  over 
three per  cent,  in  the  Union  as a whole,  during 
the  period  1990-94,  the  number  of  part-time 
jobs  increased  by  some  nine  per  cent,  in  itself 
adding  nine  per  cent  to  total  employment  and 
partly compensating  for  the decline  in  full-time 
jobs, of almost six per cent. 

Given  that  over 80 per cent of those working 
part-time are women - although they account for 
a minority of the labour  force  - this represents a 
major  expansion.  By  1994,  30  per  cent  of  all 

TABLE  20 
WOMEN'S  PART-TIME AND  TEMPORARY WORK AS A SHARE 
OF TOTAL  EMPLOYMENT  IN  THE EUROPEAN  UNION, (%)  1994 

PART-TIME  WORK 

TEMPORARY  WORK 

B 

DK 

D 

GR 

E 

F 

IRL 

I 

L 

NL 

A 

P 

F IN 

S 

UK 

EU15 

20 

40 

60 

80 

1 00 

SOURCE:  EUROSTAT(LFS) 

61 

COMBINING WORK WITH  HOUSEHOLD LIFE 

female jobs in the Union as a whole (EU 15) were 
part-rime,  up  from  28  per  cent  in  1987.  Part-
rime  working  is  significantly  less  important 
amongst men and reached almost five per cent of 
total male employment by 1994. 

Despite its widespread growth, part-time work 
ing remains a much more  pronounced feature of 
northern Member States, whereas in the south, it 
accounts for between only eight per cent (Greece) 
and  16 per  cent  (Spain)  of female  employment. 
Part-time working among both women and men 
is  particularly  common  in  four  Member  States: 
the Netherlands, Sweden, the UK and  Denmark. 
The growth of part-time working has been heav 
ily concentrated  among women.  Indeed  women 
filled  95 per cent of the additional part-time jobs 
created between  1987 and  1990 and one third of 
all the extra jobs for women which emerged were 
part-time. 

If the development of part-time work seems to 
be a specifically  female  phenomenon,  analysis of 
temporary contract working (fixed duration con 
tracts)  shows  a  more  subtle  change,  better  bal 
anced between women and men. 

Although the prevalance of temporary working 
in the  Union  is not  as great as that  of  part-time 
employment  and  indeed  accounts  for  only 
around half as many jobs as part-time, it is still an 
important area of employment  growth. In  1995, 
temporary jobs accounted for only around  14 per 
cent  of  jobs  in  the  Union.  Moreover,  there 
appears to be less of a bias towards women  than 
in  the  case  of  part-time  employment,  even 
though there are more women  than  men  in tem 
porary employment in the Union  as a whole and 
in  each  Member  State.  In  1995, around  13  per 
cent  of  men  and  15  per  cent  of  women  were 
employed  in  temporary  posts,  the  proportion 
ranging from  33 per cent of men and 38 per cent 
of women  in Spain  (by far  the highest  figures  in 
the  Union),  to  six  per  cent  or  less  of  men  and 
under  ten  per  cent  of  women  in  Belgium, 
Luxembourg,  Italy,  Austria  and  the  UK,  five 
countries with very different  employment legisla 
tion.  Apart  from  the  latter  five  countries  and 
Spain,  the  scale  of  temporary  employment  did 
not  diverge very  far  from  the  Union  average  in 
1994 in any of the Member States. 

A special mention has to be made of part-time 
temporary  jobs.  Those  contracts  have  a  lower 

TABLE 21 
TOTAL FERTILITY  RATES M  THE EUROPEAN  UNION  TOR i?8e,  1985,1994 

>t<,*' 
(

ÎWCX-  s  ~ 

I

•.if'"'  '  -.,'.  ? 
II 

'•.',- 

*' 

" 

1 

" 

'  1 

1 

' 

1 

,  * 
v> 

' 

-1 
1 
,  '  '-  1 

.

' • '

' -' 

'1 

' 

« '- 

1 

'" 

' 

%* 

' ) " - > '" 

'' 

\ '- 

' 

1 

)' 

1980 
1985 
1994 

.  -  "  *  c -* 

1 

1 

• 

'' 

EUR15 
>. 
0 .0 

r 

' 

1 

1 

. 
0 .5 

<-' 

1 

1 

1 

. 

, 
1 .0 

1 

1 

r 

i 

1 
1 .5 

2 .0 

2 .5 

3 .0 

3 .5 

SOURCE:  EUROSTAT  DEMOGRAPHIC  SURVEY 

62 

B 

DK 

D 

GR 

E 

F 

IRL 

I 

L 

NL 

A 

P 

F IN 

S 

UK 

degree of employment  protection. As might be 
expected, the share of women working on part-
time temporary contract is much higher than for 
men.  In  1995,  around  39  per  cent  of women 
employed  in  temporary  jobs worked  part-time, 
slightly higher than the share of part-time work 
ing in permanent employment. 

Why  women  accept  non-standard 
employment  contracts 

It is interesting to examine the reasons which 
lead women to accept non-standard employment 
contracts  and  in  particular  part-time  work. Are 
these ways to reconcile family and working life? 
The data collected by the European Labour Force 
Survey  gives  some  indications  and  allows  an 
assessment of the extent to which part-time work 
is a voluntary choice or not.' 

On average, six out of ten part-time workers in 

the Community in  1994 stated that their prima 
ry reason for taking a part-time job was that they 
did not want a full-time one. While two-thirds of 
women  working  part-time  did  not  want  a full-
time job, this was the case for only a third of men 
in part-time employment. 

There are various reasons why women appar 
ently  prefer  part-time  work.  Principal  among 
these  is  the  need  to  reconcile  the  demands of 
home  and  work.  For  women  in  particular,  the 
lack of availability of childcare and the operation 
of the education  system can be obstacles to this 
reconciliation. 

This concentration of women among part-time 
workers in many Member States has other effects. 
Because part-time work is associated with partic 
ular sectors and occupations it also tends to rein 
force the tendency towards occupational segrega 
tion  between  the  genders  in  the  labour  market 
which is increasingly recognised as a major factor 
against  flexibility. 

The same analysis can.be undertaken for tem 
porary  work.  Although  reliable  data  exists  for 
only  nine  Member  States,  it  is evident  that  in 
general more women than men were working on 
a contract  for  limited  duration  in  1994 because 
they did  not  want a permanent job. 

COMBINING WORK WITH HOUSEHOLD LIFE 

ITALY 

A REGIONAL FAMILY SUPPORT  PROGRAMME 
IN EMILIA-ROMAGNA 

In Italy, many women  now have the good fortune  to be 
able  to  go  out  to  work  without  having  to  worry  about 
leaving their children. Such has been the case since  1991, 
when  the  region  of  Emilia-Romagna  saw  the  start  of a 
regional family support  programme. The main  objective 
behind this programme was to reduce the gap that exist 
ed between  the role of the mother  and  the father,  which 
still exists to a krge extent today across Italy. 

Now  five  years  old,  the  programme  is running  success 
fully. One of the more successful aspects has been the set 
ting-up  of crèches, which have helped  place  the  Emilia-
Romagna  region  at  the  top of the  national  table for  the 
concentration  of services  for  children  (21  per  cent  con 
centration  against  a national  average  of  around five per 
cent). 

It  all began  in  1989, when  one  of  the  Emilia-Romagna 
regional board advisers seized the opportunity to put into 
action a project he had been keeping under consideration 
for some time: to create a law regulating all types of fam 
ily  and  women's  support  schemes  and  favouring  social 
integration policies. 

A particular effort  has been  made to encourage  the pres 
ence  of  fathers  in  an  attempt  to  lighten  the  load  of 
women  and  bring  a  better  balance  to  family  relations. 
And  it works! Half  of the  total  regional  expenditure  on 
family aid programmes has been used to finance  the "tra 
ditional" crèches. The other half went to the other initia 
tives. At this time, only one other Italian  region, Venetia 
has  followed  in  the  footsteps  of  Emilia-Romagna, 
approving a similar law but which  is still awaiting appli 
cation,'  said Anna  Rossetti  in charge of programmes  for 
schools and pre-school structures. 

63 

COMBINING  WORK  WITH  HOUSEHOLD  LIFE 

CHART  5: INDIVIDUALISATION  OF INCOME 

TAXATION 

Classification  according to tax unit 

Family Quotient 

France 

Splitting 

Germany 

Luxembourg 

Portugal 

Separate taxation 

Aggregation 

Belgium6 

Ireland 

Spain 

Austria 

Denmark 

Finland 

Greece 

Italy 

Sweden 

The Netherlands 

United  Kingdom 

INDIVIDUALISATION 

THE 
OF  RIGHTS 

The  individualisation  of  rights  has  been  a 
recurrent  theme in recent  Commission  policy. It 
is  referred  to in the Commission's  White  Paper 
on  Growth,  Competitiveness  and  Employment 
(1993)7 in relation  to reinforcing  equal opportu 
nities  between  women  and men by the elimina 
tion  of all potentially  discriminatory  social and 
fiscal measures  likely  to  discourage  the  labour 
force  participation  of women. The White  Paper 
on European Social Policy 'The Way Forward for 
the Union'  (1994)8 presented  some proposals for 
the  elimination  of  potentially  discriminatory 
policies in social protection and fiscal policy. The 
White  Paper  referred  to the need to undertake a 
comparative  analysis  of  actual 
inequalities 
between  women  and men in social security. The 
Fourth Community Action Programme on Equal 
Opportunities  for  Women  and  Men  (1995)9 
included  the individualisation  of rights as one of 
a  number  of  areas  which  should  be studied  in 
order to reduce the segregation of the labour mar 
ket. This is to be undertaken by an analysis of the 
impact  of  current  taxation  and  social  security 
regimes on women's autonomy  and labour  mar 

ket opportunities. This latter would contribute to 
appropriate actions in the field. 

The question of individualised rights has arisen 
on  three  different  fronts.  In  the  first  instance, 
enormous changes in the labour market  over the 
last thirty years have not always been  reflected in 
taxation and social security regimes. Some of the 
latter  are still  based  on  a profile  of a family  in 
which  the  male  is  the  principal  breadwinner. 
Secondly, with  the increase in the proportion of 
women  entering  and  remaining  in  the  labour 
market,  many  commentators  have observed  that 
fiscal and social security measures can have a neg 
ative,  neutral  or positive  effect  on the supply of 
women's  labour,  or  on  its  orientation  towards 
particular  forms  of  work,  such  as  self-employ 
ment  or  part-time  work.  Changes  in  the struc 
tures  of  families,  of  households,  their  size and 
related  demographic  issues have raised  questions 
concerning  the  autonomy  of  women  and men 
within  taxation  and  social  security  regimes. To 
examine some of these issues, a series of compar 
ative  15 country studies on the individualisation 

* The  legislation  states  that  income  for both  spouses  should 

be aggregated, but two adjustments  have been voted, stipu 

lating that if both spouses have income, then they should be 

taxed  separately  and in case of a sole earner  family,  30 per 

cent of the income can be transferred  to the other spouse. 

7 Supplement  6/93 - Bull. European  Commission. 

•COM{94) 333 final of 27.7.94. 

'COM(95)381  final of 19.7.95. 

64 

COMBINING WORK WITH  HOUSEHOLD LIFE 
xxwjsMmxmmmmmmmimim 

dren  in  a  family  (with  no  entitlements)  may 
enable  a widowed  mother  (derived  entidement) 
to  benefit  from  her  former  husband s  (principal 
contributor) social contributions. 

Chart 6 makes a descriptive comparative analy 
sis of  retirement  benefits  across  15 countries  in 
terms  of  the  family  effect*  on  enridements  and 
rights. The chart illustrates the substantial scale of 
derived rights which may be conferred  on benefi 
ciaries  in  retirement  and  widowhood.  A  large 
proportion of the derived enridements appear  to 
be intended  for women and children. 

of social and fiscal rights and equal opportunities 
between women and men are being made. 

Within  the large variety of taxation and social 
security systems in the Member States there is no 
pure system  of  individualised  rights. All systems 
contain a combination  of derived and  individual 
rights.  So in  social security for  example, derived 
rights to benefits  for a person  outside the labour 
market may originate by relationship to a person 
who is economically active and who is entided to 
have  direct  access  to  benefits  of  different  types. 
The relationships may vary according to country, 
to social security regimes, by age or by other fac 
tors. The  relationships  may  be  those  of  parent 
hood, of marriage or of cohabitation. In addition, 
universalised  systems of social rights co-exist and 
interact with contributory systems. 

In  the field of social  security,  family  relation 
ships play a role in conferring benefits accrued by 
the  main  beneficiary  on  other  family  members. 
The proximity or distance of family links (moth 
ers, wives, grandchildren)  varies between  benefits 
and  between  countries.  Family  relationship  can 
also  have  the  effect  of  easing  strict  entitlement 
conditions to benefits. Thus the presence of chil 

TABLE  22 
COMPOSITION  OF  PRIVATE  HOUSEHOLDS  EU12  {%)  1094 

5  PERSONS  OR MORE  8% 

4  PERSONS  16% 

1  PERSON  2&% 

3  PERSONS  18% 

SOURCE:EUROSTAT(LFS) 

2  PERSONS  30% 

65 

£ 

O» 

ipftff: 

Belgium 

Denmark 

Germany 

Greece 

Spain 

CHART & IAMILYLINKED  DERIVED RIGHTS  IN RETIREMENT SYSTEMS IN EUROPE 

Old  age  pension 

Survival  pension 

*Permitted  increase  in  remunerated  employment  in  case  of 
dependent  children. 

Termitted  increase  in  remunerated  employment  in  case of dependent  children. 

Nont 

""Orphans are entitled  to  a survival  pension  (up  to  the  age of  18). 

""Mothers and  fathers  are allowed  three  working  years  to  raise 
their  children  (but  do  not  pay  contributions) 
*The  period  of education  for  children  up  to  the  age of  ten  is 
taken  into  consideration  when  calculating  the  total  years of  con 
tribution,  the  reference  salary  being  75  per  cent  of the  average 
salary  of  insured  persons  as a whole. 

The  condition  of  age  falls  if there  is a dependent  child. 
""Permitted  increase  in  remunerated  employment  (without  cancellation  of  the 
pension)  in  case of dependent  children. 
""Orphan's  pension  for  children's  education  if the  divorced  spouse  is deceased,  if  the 
holder  is raising  his/her  own  child,  if the spouse  has  not  remarried  (adherence  condi 
tion  also  apply). 

""Increase for  dependent  child  (not  a fixed  sum  but  a  percentage 
of  the  pension) 
*For  mothers  having  at  least  three  children  and  20  years  of  insur 
ance  contribution,  retirement  age  may  be  brought  forward  by 
three  years  per  child,  or  to  the  age of  50. 
""Retirement age of  50  for  women  having  under-age  children  and 
20  years  of  insurance  contributions. 

*Increase  in  maximum  income  giving  entitlement  to  a survival  pension  of 20  per  cent 
per  dependent  child. 
""Orphan's  pension:  25  per  cent  of  the  deceased  parents  pension,  if one  parent  is 
deceased,  50  per  cent  if both  parents  are deceased. The  total  pension  for  an  orphan 
cannot  exceed  100  per  cent  of  the  pension  of  the  deceased. 

""Orphan's pension  (attributed  to  children  of the  deceased,  adopted  children  and 
children  of  the  surviving  partner,  if  they  were dependent  on  the  deceased).  The 
amount  of  the  pension  cannot  exceed  100  per  cent  of  the  basic  pension 
(including  widow's  pension). 
""Pension  for  grandchildren,  brothers  and  sisters,  children  of  a deceased  father,  who  are 
under  18 and  handicapped. 
""Widowed  mothers  and  grandmothers,  women  who  are single or  married  and 
separated,  if the husband  is handicapped  or  is over  60. 
""Fathers and  grandfathers  over  60  or  handicapped. 
*Children,  brothers  and  sisters  of a  retirement  or  invalidity  pension  holder  who  are 
single, widowed,  separated  or  divorced,  who  are over  45  and  who  are entitled  through 
having  nursed  the  holder. 
*If there  is no  surviving  partner,  the  pension  awarded  to  the  children,  grandchildren, 
brothers  and  sisters  increases. 
""Children  and  brothers  and  sisters  over  18 who  are single,  separated  or  divorced  wid 
ows, having lived with the deceased, who are not entided to a public pension but lack maintenance 
resources from parents receive a temporary allowance (20 per cent of the basic over  12  months). 

Gentry 

France 

Ireland 

Italy 

O ld  age  pension 

Survival  pension 

""General  system  for  mothers. There  is an  increase  of  two  years  of 
insurance  per  child  raised. 
""Increase often  per  cent  in  pension  for  every  person  having  raised  at 
least  three  children. 
""There is an  old  age pension  for  mothers  whose  contributions  were 
paid  through  the  family  allowance. 
""System  for  executives  increases  the  total  points  by  ten  per  cent  in 
calculating  the  pension  if there  are  three  children,  and  by five per  cent 
for  each  additional  child. 
System  for  employees 
""Increase for  children  raised. 

"The  condition  of age  is dropped  if there  is a dependent  child. 
*Increase of  ten  per  cent  in  pension  for  every  person  having  raised  at  least  three 
children. 
""Increase  for  dependent  child  under  16. 
*In  certain  situations  a  pension  of  20  per  cent  of the  basic amount  of  the  old  age 
pension  may be awarded  to  grandchildren,  brothers,  sisters, parents  and  grandpar 
ents  of a retirement  or  invalidity  pension  holder. 
*In  certain  situations,  a temporary  allowance  (12x20  per  cent  of the  basic  pen 
sion)  may  be  paid  to  children,  brothers  and  sisters aged  between  18 and  45. 
The  sliding  scale widows  allowance  (see below)  is awarded  for  raising  or  having 
raised  at  least  one  child. 

""Increase for  dependent  children. 

Luxembourg 

*A career  break  (for  24  months)  to  raise  a child  is regarded  as a 
working  period. 

Netherlands 

""Higher  pension  for  single-parent  families  than  for  single  persons. 

Austria 

N 

""Career  breaks  to  raise  a  child  are  considered  as a working  period  with 
regard  to  contributions  for  a  period  of  up  to  48  months.  If the  assimi 
lated  period  overlaps  the  period  of  contribution,  the  basic  amount  for 
children's  education  is added  to  the  basic  amount  of  revenue. 
"ITiere is a supplement for dependent children under  18 and an increase in the 
minimum pension if there are dependent  children. 

""Increase  for  dependent  children  and  pension  for  orphans  of deceased  mother  and 
father. 

*20 per  cent  of  the  pension  per  child  with  a  maximum  of 40  per  cent  if the  sur 
viving  partner  does  not  receive a pension:  40  per  cent  per  child,  but  not  more 
than  100  per  cent.  Parents,  brothers  and  sisters:  15 per  cent  of  the  pension  if  there 
are  no  other  survivors. 

""Having a child  means  exoneration  from  certain  conditions  of entitlement  to  a 
survival  pension. 
*Having  dependent  children  can  increase  the  threshold  where  the  pension  may  be 
added  to  another  income. 
""If there  is no  surviving  partner,  entitlement  to  a survival  pension  may  be open  to 
direct  relations,  collateral  relations  and  under-age  adopted  children  according  to 
age and,  especially, whether  they  lived  with  the  deceased  or  not. 
""There  is an  orphan's  pension. 

""Having a child  means  exoneration  from  age conditions  of entitlement  to  a 
widows  pension. 
""There is a  national  orphan's  pension  in  case of deceased  mother  or  father 
T h e re  is an  orphan's  pension  within  professional  pensions. 

*Orphan's  pension  is 40  per  cent  of  the widow's  pension,  if both  parents  are 
deceased  it  is 60  per  cent. 
""Age limit  does  not  apply  if there  is a  child. 

::lgc  peasiott 

Survival  pernio». 

Portugal 

Finland 

'Increase  in  national  pension  if there  are  children. 
""Increase  in  professional  pension. 

Sweden 

""Career breaks  (6 years  minimum,  15 years  maximum)  to  raise a 
sick  or  handicapped  child,  a supplement  is added  to  the 
pension. 
""Supplement  for  dependent  child  under  16 for  persons 
entitled  before  1989. 

United  Kingdom 

""Basic pension:  increased  for  dependent  children. 
""Attribution  of a year's  contribution  for  child's  education. 

""Children  and  similar  persons  are entitled  to  a  pension  (maximum  80  per cent  of 
the  teference  salary). 
* Ascendants,  if they were  dependent  (maximum  30  per  cent  of the  reference 
salary). 
*Death  allowance  for  children  and/or  ascendants. 
""The age limit  does  not  apply  if there  are dependent  children. 

""Increase in  national  pension  if there  are  children. 
*Age limit  does  not  apply  if there  are  children. 
""Orphan's pension,  professional  pension:  increased  for  children. 
""Professional  pension:  the  rate  (17  to  50  per  cent  of  the  pension  of  the  deceased) 
depends  on  the  number  of  children. 
""Having children  means  an  increase  in  life  insurance. 

*Basic pension  and  professional  pension:  there  is an  orphan's  pension. 
*The  transition  pension  is paid  as long  as there  is a dependent  child  under  12. 

""There is a widowed  mother's  pension. 
""There is an  allowance  paid  for  a child who  was  totally  or  partially  dependent  on 
the deceased  husband  or  ex-husband. 
""Increases  for  dependent  children  are  not  subject  to  tax. 
""Allowance  for  orphans  whose  parents  are both  deceased. 

Source: DUBLEA, Université  Libre de Bruxelles,  1996. 

COMBINING WORK WITH  HOUSEHOLD LIFE 

THE  SUPPORT  SYSTEM  FOR  A  THIRD  CHILD  IN  FRANCE 

Only  15 per cent of French households have three children. One difference  between  the sup 
port systems of France and other countries is that France has concentrated  substantial  family 
support  on  the  third  child.  Families  who  have  a  third  child  receive  additional  monthly 
allowances which are disproportionately large compared to those received by families with two 
children or fewer.  Indeed, the increase is equivalent to  125 per cent of the allowances for  two 
children. 

The number of dependent children  lowers the threshold  level of resources that  are disregard 
ed for the purposes of other benefits. Thus, with three children it is easier to become entitled 
to back-torschool allowances and housing  benefit. 

As a result the total  amount  of family allowances makes up  11 per cent of income  in  a two-
child family but  30 per cent in a three-child  family. 

Apart from  family  allowances, households with three children  also benefit  from  indirect sup 
port: reduced income tax and a range of cheaper services, such as child care services. Another 
additional  benefit  accrues to women: they are allowed longer maternity leave. 

A third  child and  women's employment - are they compatible? 

Is this support  system  efficient?  Apparently  not,  in  that  not  all the  families  who want  three 
children  actually  have them. A recent survey revealed  that  one out of every two French  peo 
ple is attracted  by the idea of a family  of three to five children. The  fertility  rate  in  France is 
actually only at  1.7  children  per woman. 

Many reasons may be advanced  for  this gap between  desire and  reality. There  are, of course, 
cultural, biological  and  medical reasons. But two others stand  out in  analysis, which  may be 
a result of social policy. 

First there are financial considerations. Secondly there are employment considerations. Whilst 
74 per cent of women with one or two children go out to work, only 49 per cent of those with 
three children  do so. 

mm$ssttittsttm 
69 

COMBINING WORK WITH  HOUSEHOLD LIFE 

FAMILY-FRIENDLY  POLICY  AT  THE  DANISH  POST  OFFICE 

Reconciliation  between family life and working life in Denmark has up to now been based 
on women  themselves, on public authorities  in charge of childcare systems and,  in  certain 
cases, on parental leave. 

Companies have an interest in facilitating the lives of women and also of men who can ben 
efit  from  progress in  this field in order  to optimise  their  use of human  resources,  develop 
productivity and  a more flexible organisation  of work. The  Danish  Post Office  was one of 
the first to win  the  European  Commission  prize for  Social  Innovation  in  the field of  new 
forms of reconciliation  between work and family life. 

The  Post  Office  is  one  of five companies  which  are  involved  in  the  work  of  a  Danish 
Research Institute  into 'Family Friendly Companies'. 

Of  the 35,000  employees of the  Danish  Post Office,  39 per cent are women. Studies have 
permitted the identification  of those factors which are likely to worry employees with young 
children. A first survey of  800  employees showed  that  certain  obstacles  originated  not  so 
much in the organisation of work, but rather in the attitudes of other employees with longer 
seniority, who  could use this fact  to their advantage and restrict  the employment  opportu 
nities for flexible working time available to employees with young children. 

The Danish  Post Office  made a unique effort  to allow all employees to have variable work 
ing hours and  the opportunity for part-time work. Where flexible systems turned out  to be 
contrary to production  goals, individualised  solutions were promoted  in specific cases. 

At present, around 70 per cent of employees of the Danish Post Office  start and finish work 
outside the opening hours of public sector nurseries. In ten large cities, following a number 
of approaches,  the opening hours of crèches were extended. In five large cities, an  evening 
and night time care shift was introduced and in two large cities, a 24 hour care shift  became 
possible. This  latter  considerably extended  the opportunities  for  parents  in  a sector where 
night work,  for example in postal sorting, is still essential. 

70 

CHAPTER 4 

PROMOTING 
A GENDER BALANCE 
IN DECISION-MAKING 

THE CURRENT SITUATION 
OF WOMEN 
IN DECISION-MAKING 

The following chapter sets out to discuss the exist 
ing  trends  relating  to  women  in  political  decision 
making in the European Union. As such, it provides 
the most recent statistics which are drawn from the 
work  of  the  Network  on  Women  in  Decision-
Making,  set  up  by  the  Commissions  Equal 
Opportunities Unit under the Third Medium-Term 
Action  Programme  on  Equal  Opportunities  for 
Women and  Men  (1990-1995). On  the one hand, 
these figures reflect the persistent under-representation 
of  women  in  political  decision-making  positions. 
However,  they-also  indicate  some  positive  trends, 
linked  to  the  various  measures  at  local,  regional, 
national  and  European  level  which  have  aimed  at 
removing  structural  barriers,  as  well  as  facilitating 
access, for women to political decision-making posi 
tions. 

A number  of  developments  at  European  level 
point  the  way  forward.  There  is  the  Council 
Recommendation  on  the  balanced  participation 
of  women  and  men  in  decision-making  of  2 
December  1996. There have been the expert net 
work  proposals  for  an  action  plan  for  the  equal 
participation  of  women  and  men  in  decision 
making,  discussed  at  the  European  Conference 
'Women  for the Renewal of Politics and Society', 
held  in  Rome on  16 and  17 May  1996. The lat-

71 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

ter  event,  culminating  in  the  signing  of  the 
Charter of Rome, reflects a qualitative change of 
approach to the balanced participation of women 
and  men in decision-making.  Both the proposed 
Council  Recommendation  and  the  Charter  of 
Rome recognise that womens full and equal par 
ticipation in political decision-making is not only 
a question of fairness and equality in a democra 
tic society,  but  also of  reinvigorating  democracy 
and its mechanisms. The Charter  of Rome states 
that  a balanced  sharing  of  power  and  responsi 
bilities  between  women  and  men  will  improve 
the  quality  of  life  of  the  whole  population;  the 
representation of all parts of society is indispens 
able if the problems of European society are to be 
addressed.' 

Setting  the context 

The  general  international  trend  over  the  last 
ten  years  shows  that  the  number  of  women  in 
decision-making  positions  has decreased, despite 
an  important  change in the status, role and con 
tribution  of women  in society in  the second half 
of  the  century.  However,  advances  have  been 
made  in  the  European  Union.  Womens  legal 
rights  have  been  strengthened  de jure, especially 
in regard  to exercising their  democratic rights in 
terms  of  voting  and  being  elected.  Moreover, 
some Member States have introduced special leg 
islation and/or affirmative  action in order to pro 
mote women into political decision-making posi 
tions.  Nevertheless, women  remain  under-repre 
sented  at  national, regional and  local levels in all 
Member States of the European  Union. 

However, 25 per cent of the Commission itself, 
that  is five of the twenty members of the College 
of Commissioners, are women. At the level of the 
European Parliament, the number of women par 
liamentarians has risen  from  19 per cent  to 27.3 
per cent at the last European  elections in  1994. 

The  various  initiatives  and  statements  reflect 
the  importance  that  is given  to women's partici 
pation  in  politics. The  issue is not  only a matter 
of social justice, but  it  touches at  the core of the 
debate  on  democratic  development  and  social 
progress.  Women's  equal  participation  in  all 
political  matters  is  recognised  as  essential  for 
democratic  development  and  the  legitimacy  oi 

existing  governments  and  their  institutions. 
While  the  goal  is relatively well-defined,  discus 
sions  continue  over  what  strategies  should  be 
used to bring more women into decision-making 
posts. 

Womens participation 
assemblies 

in  national 

Over  the  last  five  years,  the  three  Nordic 
Member  States  have  shown  a  consistent  track 
record  in  bringing  more  women  into  decision 
making  positions.  Sweden  elected  40.4  per  cent 
women  in  its  parliamentary  election  in  1994. 
Similarly, Finland has 33.5 per cent women in its 
parliament while in Denmark, women  constitute 
33 per cent of the parliamentary assembly. These 
three  examples  of  high  representation  are  fol 
lowed in turn  by the Netherlands,  Germany and 
Austria. The three countries with less than ten per 
cent of women in parliament are Greece (5.7 per 
cent),  France  (6.1  per  cent)  and  the  United 
Kingdom  (9.2  per  cent).  Overall,  across  Europe 
of  12  Member  States,  there  was  an  average 
increase  of  4  per  cent  of  women  in  the  lower 
houses  between  1990  and  1995  and  a  2.6  per 
cent increase in the upper houses, that is, not tak 
ing into  account  the  new  Member  States  in  the 
European  Union.  In  Belgium,  for  example,  the 
percentage of women in the upper house grew by 
a noteworthy 3.1 per cent between  the  two elec 
tions  of  1991  and  1995.  Spain  and 
the 
Netherlands  achieved  more  than  an  eight  per 
cent  increase between  1990 and  1995. All coun 
tries  but  two  increased  their  percentages  of 
women in their representative assemblies between 
1990  and  1995.  In  Germany,  the  percentage  of 
women in the upper house dropped  from  25 per 
cent to  19 per cent and in Finland the percentage 
of women  dropped  from  39 per cent  in  1991 to 
33.5. percent  in  1995. 

Womens  participation 
in governmental  posts 

Overall  improvement  is evidenced  by  the  fact 
that  the  average  female  share  in  politics  in  gov 
ernment has risen from  11 per- cent  in the second 
half of  1980 to  16 per cent  today. 

72 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

The  percentages  of  women  in  cabinet  posts 

mirror womens respective representation in their 

national  assemblies.  Consequendy,  we find  that 

Womens participation 
at regional level 

Sweden, Finland, Denmark and the Netherlands 

At  the  regional  level,  Sweden  retains  its  lead 

have the highest percentages of women in cabinet 

positions.  In  Sweden  the  government  is  com 

posed of 50 per cent women and 50 per cent men 

while in Finland, women occupy 39 per cent of 

the  governmental  positions.  Conversely,  Greece 

and the United  Kingdom have the lowest num 

ber of women  in cabinet position with  four per 

cent and seven per cent respectively. The average 

proportion  of  women  cabinet  ministers  in  the 

Member States  is 16 per cent. However, it should 

be  pointed  out  that  women  generally  occupy 

ministerial  positions  related  to  social  affairs. 

Almost  19  per  cent  of  women  ministers  are 

responsible for social affairs, as compared to only 

9.7 per cent in law and justice. 

Of the 24 elected women heads of state world 

wide, Ireland is the only country of the European 

Union with an elected woman president. 

followed  by  Germany  and Austria.  Sweden,  in 

particular,  has  almost  achieved  parity  between 

women  and  men  in  its  regional  assemblies. 

Although  data  is  not  available  for  all  Member 

States, data collected by the Network on Women 

in Decision-making Positions reveal that women's 

participation  in  regional  parliaments  is  slighdy 

higher  (2-3  per  cent)  than  in  national  parlia 

ments,  except  for  Portugal, Austria,  France and 

Belgium. These  differences  would  merit  further 

research,  especially  in  regard  to  differences  in 

measures applied at national and regional level to 

increase  the  number  of  women  into  decision 

making positions. Similarly, more information is 

needed in order to explain why womens partici 

pation  in  political  decision-making  in  France is 

so  much  higher  at  the  regional  level  (12.1  per 

cent) than at the national level (6.1 per cent). 

TABLE 23 
PARTICIPATION  OF WOMEN  IN  NATIONAL  PARLIAMENTARY  ASSEMBLIES 
IN  THE  EU  MEMBER  STATES AND  UM"-HE EUROPEAN  PARLIAMENT (%) 

100: 

80' 

60' 

40 

1994 

1994 

1994 

1995 

1995 

1995 

1994 

20 

1995 

1 9 9 3 -5 

^ 9 94 

1 9 9 4 -5 

1994 

1995 

1993 

1992 

-

-

o

-
-- 
B  DK  D  GR  E 

-
I 
SOURCE:  EUROPEAN  EXPERTS  NETWORK  'WOMEN  IN  DECISION-MAKING.  FACTS  AND  FIGURES  ON  WOMEN  IN 
POLITICAL  AND  PUBLIC  DECISION-MAKING.IN  EUROPE  (1996).'  NOTE:  EP:  EUROPEAN  PARLIAMENT. 

-
-
L  NL  A  P  FIN  S  UKTotaEP 

-
F  IRL 

--

-

-

-

-

-

-

-

73 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

Womens participation 
in the European Parliament 

The last elections to the European Parliament 
in  1994  raised  the  number  of  women  in  the 
European  Parliament  considerably.  Whereas the 
percentage of women in the European Parliament 
was  at  19  per cent  prior  to  the  elections,  their 
share increased to 25.7 per cent in  1994. Today, 
women hold more than a quarter of all  the seats 
in  the  European  Parliament  (27.6  per cent). As 
such,  this  percentage  is  much  higher  than  the 
average percentage of women in national parlia 
ments of the  15 Member States which stands at 
15 per cent. This  is despite the inclusion of the 
new  Member  States,  including  Sweden  and 
Finland, which have a much higher percentage of 
women in political decision-making than the rest 
of  the  Member  States  of  the  European  Union. 
Only  four  out  of  the  15 Member  States have a 
higher  percentage  of  women  in  their  national 
parliaments.  Moreover,  countries  like  France, 
Greece  and  the  United  Kingdom  have  double 
the  representation  of  women  in  the  European 
Parliament  compared with  their national parlia 
ments. 

© 

WHYTHENEED FORA 
BALANCED PARTICIPATION 
OF WOMEN AND MEN? 

Democratic societies are built  inter alia on the 
principle of the full  and equal participation and 
representation of their citizens. As such the for 
mal and informal  equality between women and 
men  is  a  fundamental  human  right  which  has 
been  affirmed  and  reaffirmed  by  international 
covenants  such  as  the  UN  Convention  on The 
Elimination  Of  All  Forms  Of  Discrimination 
Against Women (1979) and the Beijing Platform 
for Action (1995), to name just two of the most 
recent ones. These international calls were echoed 
at European level,  most  notably by the Council 
of Ministers in March  1995, when it stated that 
'the objective ofbalanced participation of women 
and  men  and  the  sharing  of  responsibilities 
between women and men in decision-making in 
every sphere of life, constitutes an important con-

TABLE  24 
PARTICIPATION  OF WOMEN  IN  THE  NATIONAL  GOVERNMENTS  OF  THE  EU  MEMBER  STATES 
A'ND  IN  THE  EU COMMISSION  (%) 

1 0 0; 

80 

60 

40 

20 

1994 

|;.::l?94,: 

\  1995 
H  1 

B  DK 

D  GR 

E 

F 

1994 

1994 

: 
j  1996 
\  '  \  """I 

1995 

u  u 

I  1994 

i 

1995 

JLQ1 LUI  O 

I RL 

I 

L  NL  A 

P 

F IN  S 

1995 

|  1994 

U K T o t a l EC 

SOURCE:  EUROPEAN  EXPERTS  NETWORK  'WOMEN  IN  DECISION-MAKING.  FACTS  AND  FIGURES  ON  WOMEN  IN  POLITICAL 

AND  PUBLIC  DECISION-MAKING  IN  EUROPE  (1996).'  NOTE:  EUROPEAN  COMMISSION  REFERS  TO  THE  COLLEGE  OF  20 
COMMISSIONERS  (TWO  EACH  FROM  FRANCE,  THE  UK.  GERMANY.  ITALY, SPAIN  AND  ONE  FROM  THE  OTHER  MEMBER 

STATES).  IT  DOES  NOT  REFER  TO  THE  COMMISSION'S  ADMINISTRATIVE  STAFF. 

WWWlWWWMAIWWWVmW^ 

74 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

dition for equality between women and men.' In 
that Resolution, the Council invited the Member 
States to 'develop an integrated global strategy for 
promoting the balanced participation of women 
and men in resolutions...' The Resolution laid the 
groundwork for follpw-up in terms of the Fourth 
Action  Programme  and  a Council  Recommen 
dation  on  the balanced  participation  of women 
and  men in decision-making positions, adopted 
on 2 December 1996. 

The  reports  and  communications  by  the 
European Council, European Parliament and the 
Economic  and  Social  Committee,  reaffirm  the 
necessity of establishing equality by inter alia pro 
moting a balanced participation in decision-mak 
ing. Balanced participation  has thus been estab 
lished as a principle of democracy. Thus, womens 
under-representation  in  political  decision-mak 
ing positions calls into question the legitimacy of 
any given democratic system. If womens values 
and life circumstances are not taken into consid 
eration by the decision-makers, women will tend 
not to identify with the political system. 

Barriers to womens  political 
representation 

Although  the reasons for womens reluctance to 
enter political life or their exclusion from politi 
cal decision-making are multifaceted and difficult 
to  ascertain,  the  following  factors  account  for 
many of the reasons why women are so poorly 
represented: 

• Education and socialisation assigning  different 
sex roles to women and men. Womens under-
representation is linked to the division between 
the private and the public whereby the public 
domain  belongs  to  men  and  the  private  to 
women. 

• Situational  constraints such as the division of 
labour within the family, childbearing and car 
ing responsibilities in the largest sense. In this 
context,  the  time  factor  becomes  crucial,  in 
particular as women enter the labour market in 
unprecedented  numbers. Some research seems 
to indicate a close correlation between working 
women and participation in politics. 

• Access to education and training, in particular 
access to professions which are closely related to 
political office. In addition, women do not seek 

PARTICiPATfON  OF WOMEN W THE REGIONAL PARLIAMENTS AND GOVERNMENTS OF THE 
EU MEMBER STATES 

TABLE 25 

Country 

Date 

B 
DK 
D 
GR  . 
E 
F 
IRL 
I 
L 
NL 
A 
P 
FIN 
S 
UK 
Total 

1995 
1993 
1995 
1992 
1993/94/95 
1992 
1994 
1995 

NON-EXISTENT 

NON-EXISTENT 
1994 
1992 
NON-EXISTENT 
1994 
NON-EXISTENT 

Regional Parliaments 
%(W/T) 
17.6 
31 
28.9 
APPOINTED  BODIES 
19 
12.1 

Regional Government 
% (W/T) 
9.7 
NON-EXISTENT 
25.3 
ATPOINTED BODIES 

NO  DATA AVAILABLE 

NO  DATA AVAILABLE 

11.4 

19.6 
9.2 

47.6 

24.9 

7.1 

19.2 
0.0 

42.9 

26.1 

SOURCE:  EUROPEAN  EXPERTS  NETWORK  'WOMEN  IN  DECISION-MAKING.  FACTS  AND  FIGURES  ON  WOMEN  IN  POLITICAL  AND  PUBLIC  DECISION-MAKING  IN 

EUROPE  ( 1 ? 9 6 )\ 

NOTE:  PORTUGAL,  ONLY  THE  A U T O N O M O US  REGIONS  OF  AÇ.ORES  A ND  MADEIRA  HAVE  REGIONAL  PARLIAMENTS  A ND  GOVERNMENTS. 

75 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

membership  of  networks  and  institutions 
which are frequently  associated with  structures 
and  schedules  that  effectively  prevent  womens 
participation. 

•  Monetary resources. Womens lack of monetary 
resources  means  that  they  do  not  have  the 
financial  resources  to  enter  into  political  cam 
paigns.  Conversely,  women  candidates  do  not 
attract  the necessary outside  funding  and  sup 
port as they are not taken seriously as potential 
political office  bearers. 

• Techniques  of suppression,  which  express them 
selves in the suppression of information,  making 
women  invisible  and  inaudible  in  meetings, 
and/or the use of ridicule, should not be underes 
timated in terms of disincentive. 

•  Political  culture  is  another  factor  in  women's 
lower  participation. This  includes  lack of sup 
port  for  women  party-members,  timing  and 
places  of political  meetings  as well  as the  lan 
guage and ethos associated with political life. 

While the reasons above are mainly psycholog 
ical  and  situational,  the  type  of  political  system 
also plays a major  role in  facilitating  or  prevent 
ing  womens  access  to  political  decision-making 
positions. The  type  of electoral  system  has been 
identified  by some researchers  as the single most 
important  variable  in  explaining  the  wide varia 
tions  of  womens  participation  in  political  deci 
sion-making positions. The  relatively higher par 
the 
ticipation  of  women 
Netherlands, Sweden and Finland as compared to 
the other  Member States of the European  Union 
is often  explained by reference  to their systems of 
proportional  representation. 

in  politics 

in 

It  should  be  stressed  that  the  low  status  of 
women  is mirrored  in  the  number  of women  in 
political  decision-making  positions. There  tends 
to  be  direct  correlation  between  women's overall 
socio-economic position in a given Member State 
of the European Union and their level of political 
participation. 

76 

STRATEGIES FOR BRINGING 
MORE WOMEN 
INTO POLITICAL DECISION 
MAKING POSITIONS 

Some of the above barriers are well-known and 
are being addressed at Member State level. While 
the  need  for  action  has  been  recognised,  debate 
continues over the most appropriate strategies. 

Parity  democracy 

Women's  under-representation 

in  decision 
making  positions  marks  a  serious  democratic 
deficit.  As women  comprise  51  per  cent  of  the 
population  of 370  million  in  Europe,  their  con 
spicuous  under-representation 
in  positions  of 
power  is  also  evidenced  by  lack  of  reflection  of 
their  specific  concerns  on  the  political  agendas. 
This  has  led  women's  organisations  to  call  for 
parity democracy,  or  the  mandatory  composition 
of  all  decision-making  bodies  with  50  per  cent 
women  and  50  per  cent  men.  The  concept  of 
parity  democracy,  developed  by  the  Council  of 
Europe, promotes  the  idea that  society  is equally 
composed of women  and men and  that  their  full 
enjoyment  of citizenship is contingent upon their 
equal representation  in political  decision-making 
positions.  It  recognises  the  fact  that  humanity  is 
composed of women and men with equal dignity 
and value. It implies that  democracy can only be 
genuine when  it embraces human  beings as they 
really are, namely, women and men, and it recog 
nises that  both women  and  men have something 
to  offer  to  society. This  concept  can  be  under 
stood  as  the  full  participation  of  women  on  an 
equal  footing  with  men  at  all  levels  and  in  all 
aspects of the running of a democratic society. It 
implies that  the participation  of each sex in deci 
sion-making  bodies  should  be  on  a parity  basis, 
aiming at  50 per cent.  In order  to achieve parity 
democracy  at  political  and  public  level,  it  might 
be  necessary  to  pursue  certain  strategies, such as 
parity  thresholds,  target  figures,  and  positive 
action  measures. Thus,  it was proposed  to  intro-

duce  constitutional  amendments  which  would 
make  it  mandatory  that  all  political  decision 
making  bodies  should  have  a'membership of 50 
per cent women  and  50 per cent  men. 

However,  the  concept  of  parity  democracy  is 
very much disputed as others argue that such leg 
islation  would  be  discriminatory  against  other 
groups  in  society.  Moreover,  opponents  argue 
that such a rigid quota based on sex would deval 
ue women's contribution  to society. Furthermore, 
a constitutional  amendment  requiring 50-50 rep 
resentation  of women and  men would be perma 
nent. Yet, many womens  organisations, especial 
ly in  the south  of Europe,  frustrated  by the slow 
progress in raising the number  of women  in pol 
itics,  continue  to  pressure  for  such  a  constitu 
tional  amendment.  They  argue  that  society  is 
almost  equally  composed  of  the  two  sexes  and 
that  parity  democracy  will  ensure  that  the  inter 
ests and  needs of both  sexes  are fully  reflected  in 
policy-making.  Furthermore,  it  is  argued  that 
women  cannot  simply  be  considered  as  just 
another  interest  group  in  society;  women  also 
comprise  all  the  various  interest  groups  such  as 
the young, old, poor and disabled, among others. 

Quotas  in  political 
decisio n -  making 

Quotas,  on  the  other  hand,  have  been  used 
selectively  in  some  Member  States.  They  are 
regarded  as temporary  measures designed  to bal 
ance  womens  representation  in  political  bodies. 
However,  quotas  remain  controversial  as  oppo 
nents  argue  that  they  are  discriminatory  and 
interventionist.  Quotas  have  been  used  more or 
less  extensively  in  Belgium,  Denmark,  Finland, 
France, Germany, Italy and the Netherlands. One 
of the  most  prominent  examples  of a quota sys 
tem  is  found  in  Belgium.  The  Belgian  law  of 
1994  requires  a  minimum  percentage  of  candi 
dates of the same sex.  Party lists must have at least 
25  per  cent  women  candidates. This figure is to 
increase  to  33  per  cent  from  1999  onwards. 
Although  the quota system does not foresee sanc 
tions if a list does not contain  the required  num 
ber  of  female  candidates,  it  stipulates  that  the 
slots which are legally reserved for women and are 
not  filled  with  women  candidates,  will  remain 

PROMOTING  A GENDER  BALANCE IN  DECISION-MAKING 

GENDER BALANCE  IMPROVES 

IN  FINLAND 

As  elsewhere,  Government  Ministers  in  Finland  have 
usually  been  men.  Admittedly  the  first  woman  Minister 
was appointed  in  1926,  but  the  next  came  only  after  the 
Second World War. The  governmeni  contained  a total  of 
three  women  Ministers  for  the  first  time  in  the  early 
1970s and  four  after  the  elections  of  1987. "Women  have 
mainly  been  in  charge  of  the  Ministry  of  Health  and 
Social  Welfare  and  the  Ministry  of  Education.  The 
Finnish  Prime Ministers have always been  men,  as had  all 
Foreign  Ministers  until  1995. 

The  highest  permanent  officials  in  the  state  administra 
tion  have  traditionally  all  been  men,  until  the  appoint 
ment  in  1995  of  a woman  as permanent  secretary  at  the 
Ministry  of Justice. 

The  parliamentary  committees  and  working  groups  have 
also been  dominated  so far  by men,  so  that  out  of  a  total 
of  some  1,300  members  of  the  136  committees  estab 
lished  in  1990,  one  fifth  were  women.  Most  of  the 
women  were  members  of committees  subordinate  to  the 
Ministry  of  Foreign  Affairs,  the  Ministry  of  Education 
and  the  Ministry  of Health  and  Social Welfare,  in  which 
every  third  member  is a woman.  The  committees  work 
ing  under  the  Ministry  of  Trade  and  Industry  and  the 
Ministry  of  Transport  were  highly  male-dominated  in 
1990. 

Almost  90 per cent of the chairpersons  of the  committees 
were  men,  but  more  than  one  secretary  in  three  was  a 
woman.  Most  of  the  chairpersons,  members  and  secre 
taries of the working groups set up by the government  are 
usually men  and  consequendy  only  about  one  quarter  of 
the  members  of  the  334  working  groups  established  in 
1990  were  women,  13  per  cent  of  the  chairpersons  and 
42 per cent of the secretaries. The  revision of the  Equality 
Act  between  women  and  men  which  came  into  force  in 
March  1995 established quotas for women  in  ad hoc pub 
lic committees,  for  example,  in  order  to  ensure  relatively 
equal  representation  in  public  bodies:  40  per  cent  -  60 
per  cent  of either  sex. 

Source: Extract  from  Women  and  Men  in  Finland,  Statistics  Finland, 
1995. 

77 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

blank.  In other words, if not enough  women are 
put on  the list, the number of candidates on that 
list will be reduced accordingly. Belgium is one of 
the  two  countries  in  the  European  Union  that 
imposed  a  direct  quota  for  electoral  office.  The 
other  country  is  Italy  which  implemented  two 
electoral  laws in  1993, which  stated  respectively, 
that on lists of candidates neither of the two sexes 
may  be  represented  by  more  than  75  per  cent, 
and  that  male and female  candidates will appear 
alternately  on  lists.  The  laws,  however,  were 
declared unconstitutional  in  1995 on the ground 
that  they violate equal treatment  legislation. 

Apart  from  Belgium  and  Italy, all other  quota 
systems  refer  to  committees  or  advisory  bodies 
where members are usually appointed. One such 
example  is  Finland  which  passed  a law  in  1987 
stipulating  that  women  and  men  must  sit  on 
committees, consultative councils and other bod 
ies  in  as  equal  a  way  as  possible.  In  1995,  an 
amendment  was  added,  which  specified  that  at 
least 40 per cent of one or the other sex must sit 
on  these  committees  and  consultative  bodies. 
The  result  of this  quota  was  that  the  number  of 
women  on 
these  decision-making  bodies 
increased from  25 per cent in  1980 to 48 per cent 
in  1996. 

While  the  Finnish  example  seems  to  give  a 
clear indication of the potential effects of a quota, 
the results in the other countries in the European 
Union  cannot  be  so  easily  and  directly  ascer 
tained.  Yet,  it  seems  that  quotas  are  one  of  the 
most powerful  means to ensure a better represen 
tation, provided, however, that they are accompa 
nied by other measures such as awareness raising, 
better  education  or the provision of childcare. 

Quotas  in political  parties 

Quotas  have been  used  in particular  by politi 
cal parties. Their  success is evidenced  in  particu 
lar  in  the  Nordic  countries  where  women  have 
already  gained  a  substantial  number  of  seats  or 
positions  in  the  parliaments  and  governments. 
The  Danish  People's Socialist  Party already intro 
duced  quotas  in  the  early  seventies  stipulating 
that  each  sex had  to  be represented  with  at least 
40  per  cent.  Similarly,  the  German  Social 
Democratic  Party  introduced  the  quota  system 

for  both  its internal  structure  as well  as for  elec 
toral  office,  40  per  cent  and  33 per  cent  respec 
tively.  Quota  systems  have  now  become  quite 
common  in  political  parties  across  Europe,  not 
least because female membership in political  par 
ties, already low, has decreased considerably since 
1985. 

Targets  and 

timetables 

In  January  1994,  the  European  Parliament 
approved  a report  on  Women  in  Decision-mak 
ing  Positions  by  the  Committee  on  Women's 
Rights. Amongst  other  things,  the  report  called 
for  target  figures  to  be  set  for  the  number  of 
women  'to  be  appointed  by a given  deadline  to 
decision-making positions whose incumbents are 
appointed  by  a  government  body,  such  as  the 
office  of mayor,  Supreme  Court,  and  so on  and, 
if  these  target  figures  are  not  met  by  the  vear 
2000, for  a quota system  to be introduced." 

Similarly,  the  Beijing  Platform  for  Action 
(§190)  calls  on  governments  to  'commit  them 
selves  to  establishing  the  goal  of  gender  balance 
in governmental bodies and committees as well as 
in public administrative  entities, and  in  the judi 
ciary, including setting specific targets and imple 
menting  measures  to  substantially  increase  the 
number  of women  in all governmental  and  pub 
lic  administration  positions.'  Some  Member 
States have set targets and timetables while shving 
away from  a specific quota system.  Most  notably, 
Sweden  adopted  a  programme  in  1987  called 
'The  Sharing  of  Power, 
and 
Responsibilities  between  Women  and  Mu.  ,w  . 
Spheres  of  Society'.  This  programme  proposed 
that the goal for representation  of women  in pub 
lic councils should  be set at 30 per cent  in  1992, 
40 per cent in  1995, whilst aiming at an  ultimate 
50-50  representation. 

Influence 

While targets and  timetables are not  mandato 
ry in  nature,  they  serve,  however,  to  raise aware 
ness  about  the  under-representation  of  women. 
As  such,  they  may  help  change  attitudes  and 
increase willingness  to consider  a woman  instead 
of a man  for a given  position. 

78 

LEGISLATION 
AND INITIATIVES 
AT EUROPEAN LEVEL 

the  Commission, 

Over  the  last  two  years,  the  Council  of 
the  European 
Ministers, 
Parliament  and 
the  Economic  and  Social 
Committee have developed their positions on the 
issue of Women in Decision-making. In 1994 the 
Parliament  adopted  the  'Larive  Report'  on 
Women in Decision-making, which called for an 
integrated  approach  to  raising  the  number  of 
women  in  decision-making  positions.1  It  pro 
posed  that  there  be  a  package  of  specific  mea 
sures  to  increase  women's  share  in  public  deci 
sion-making over the next five years.' The  report 
stressed  the  need  for  research,  better  training 
opportunities  for  girls  and  information  cam 
paigns.  It  not  only  addressed  the  Commission 
and the Member States of the Union, but also the 
two  sides  of  the  industry  (the  trade  unions  and 
employers  organisations),  to  promote  positive 
measures  including  target  figures  within  their 
own organisations. 

Following the European  Parliament's report on 
Women in  Decision-making bodies, the Council 
of  Ministers  adopted  a  Resolution  on  the  bal 
anced participation of women and men in March 
1995.2 This  Resolution  in  turn  precipitated  the 
Commission  proposal  for  a  Council  Recom 
mendation  on  the  balanced  participation  of 
women  and  men  in  decision-making.  The  pro 
posal  for  a  Recommendation,  if  adopted  by 
Council,  will  ask  Member  States  to  study  the 
under-representation  of women  in  all  spheres of 
life  and  to  adopt  strategies  covering  the  whole 
gamut  from  incentives  to legislation,  in  order  to 
constructively address the persistent imbalance of 
women  in  decision-making.  The  proposal  for  a 
Recommendation  not  only  addtesses  womens 
under-representation  in politics, but  it also urges 
the  social  partners,  the  media  and  NGOs  to 
adopt plans of actions to facilitate women's access 
to decision-making  positions. 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

for 

proposal 

In  its  opinion  on  the  Commissions  proposal 
for  a Council  Recommendation  on  the balanced 
participation  of  women  and  men  in  decision 
making,  the  Economic  and  Social  Committee 
largely  welcomed 
a 
the 
Recommendation.  However,  the  Committee 
a 
regretted 
Recommendation  limited  itself  to  calling  for 
strategies  and  activities  'to  promote'  balanced 
participation  rather  than  for  strategies  which 
could  help  'guarantee'  it.  But  all  in  all,  the 
Committee  shared  the  view  that  actions  must 
include education,  training and  information. 

proposal 

that 

the 

for 

The  above  initiatives  follow  from  the  various 
actions  undertaken  by  the  Commission  over  a 
period of more than 15 years. Beginning in  1981, 
the Commission adopted and implemented  three 
five-year  action  programmes  which  set  out  to 
improve  equality  legislation  as  well  as  promote 
positive measures in relation  to equal  opportuni 
ties.  By  the  time  of  the  Third  Medium-term 
Action  Programme,  policy  had  developed  to 
include  a  specific  focus  on  the  promotion  of 
women  in  decision-making  positions,  as  being 
one  of  the  prerequisites  for  establishing  gender 
equality. 
the 
Commission  supported  both  European  and 
national  actions  to  promote  womens  participa 
tion  including  women  in  decision-making  in 
political and public life,  in management,  in poli 
cy-making  posts, in  the  trade  unions  and  in  the 
education  sector.  In  addition,  the  Commission 
established  the European  Network of Experts on 
Women 
in  Decision-making.  This  Expett 
Network,  comprising  one  expert  from  each 
Member State, had a three-fold  remit: 

this  action  programme, 

In 

•  Research: to gather and analyse data pertaining 
to  women's  participation  in  politics  in  all  the 
Member States of the European  Union. 

• Actions: to organise the first European Summit 
on  women  in  power  in  Athens  in  November 
1992;  two  European  Conferences  in  Brussels 
(1993)  and  Dublin  (1995)  and  finally  the 

1 European  Parliament Women's  Rights Committee. Women 

in decision-making bodies, Reporter  Mrs Jessica  Larive, EP 

205.666 of 27.1.1994. 
1 Council  Resolution of 27 March  1995 on the balanced  par 

ticipation  of  women  and  men  in  decision-making.  OJ  C 

168 of 4.7.1995, p.3. 

79 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

DECLARATION OF ATHENS 

We,  the undersigned,  women with experience of high political office, gathered in Athens on 3 November 1992 
at the invitation of the Commission of the European  Communities for the first European Summit  'Women in 
Power' have together adopted the following Declaration-, 

We  note  a democratic  deficit 

We note that  the current position  of women  in the Member States of the European  Communities  as in 
other European countries is still characterised by profound  inequality in all public and political decision 
making authorities and bodies at every level - local, regional, national and European. 

We  note  with  concern  that  women's  participation  in  political  decision-making  has  not  improved  in a 
number of European countries since the mid-seventies and that recent political developments have result 
ed  in  a significant  decrease  in  the proportion  of women  in decision-making,  particularly  in  the legisla 
tive assemblies in some of these countries. 

We conclude  that  women's access to the same formal  rights as men, such as the right  to vote, stand  for 
election  and apply for senior posts in public administration,  has not produced equality in practice. 

We  proclaim  the  need  to  achieve  a  balanced  distribution  of  public  and  political  power 
between women  and  men 

A democratic system  should entail equal participation  in public and political life by its citizens. 

We underline the need for changes to the structure of decision-making procedures in order to ensure such 
equality in practice. 

We call  upon  all  members  of  society  concerned 

We call upon the Commission of the European Communities and all European and international  organ 
isations to adopt action programmes and measures to ensure the full participation of women  in decision 
making in these organisations. 

We call upon  the  Member  States of the European  Communities  and other  European  States  to  integrate 
fully  the  dimension  of equal  opportunities  for  women  and  men  in  their  educational  system  and  in  all 
their  national  policies  and  to  adopt  the  measures  necessary  to  implement  these  objectives,  in  order  to 
achieve equal sharing of decision-making  posts for women and men. 

We call upon  the leaders of trade unions, workers' organisations and adequate employers' associations at 
national and  European  level to recognise the increasing contribution  of women  to the labour  market by 
ensuring the mechanisms necessary for equal participation  by women  at all levels of these organisations, 
including decision-making bodies. 

We  undertake  a campaign  to  strengthen  European  Democracy 

These  essential  changes  should  accompany  contemporary  developments  in  European  society,  develop 
ments which will be all the more welcome if women  are as equally involved  in them  as men. 
By signing  this  Declaration  we hereby launch a campaign  to mobilise all concerned  in society  to ensure 
balanced  participation  of women  and  men  in decision-making  at local, regional  and  national  level  and 
in  the European  Institutions  including  the next European  Parliament. 

Source:  Extract  from  Declaration  Adopted  on  the  3.11.1992. 

80 

organisation  of the Rome Summit  'Women  for 
the Renewal of Politics and  Society' (1996). 

•  Communication:  to  disseminate  information 
on  the status of women  in decision-making  in 
the European Union; to publish brochures with 
statistical  data  on  women  in  decision-making 
at local, regional, national and European levels; 
to  make available studies  on  the  issues involv 
ing  women  in  decision-making  positions;  to 
provide arguments  as to  why women  must  be 
equally  represented  in  decision-making  posi 
tions;  and  to  disseminate  this  information  as 
widely as possible. 

The  European  Commission  has  taken  mea 
sures,  internally,  to  increase  the  recruitment  of 
women  graduates  to  its  administrative  services 
and  to  ensure  their  presence  at  managerial  and 
decision-making levels. 

Actions 

The first European Summit and Conference on 
'Women  in  Power'  in  Athens  in  October  1992, 
organised  by the  European  Expert  Network  and 
the  European  Womens  Lobby,  launched  a state 
ment  of the  principles  which  underlie  the desire 
for  a balance  between  women  and  men  in deci 
sion-making,  The  so-called  Athens  Declaration, 
signed  by  the  women  ministers  and  other  high 
officials  present,  noted  the  stagnation,  even  the 
decline,  of  women's  participation  in  decision 
making.  Its  demands  focused  on  a fair  distribu 
tion  of power between  women  and  men and  the 
establishment  of  a  specific  policy  to  redress  the 
democratic  deficit. 

The Declaration states five fundamental  tenets: 
equality is a fundamental  right; equal representa 
tion  is a fundamental  principle;  under-represen 
tation of women translates into a loss of potential 
talent;  equal  representation  guarantees  that  the 
needs of the whole population  will be taken  into 
account; a balanced  participation  by women and 
men  in  decision-making  produces  a  fairer  and 
more balanced world  for all. 

The Athens Declaration  marked the beginning 
of a comprehensive policy approach  to women in 
decision-making. As a document,  it gave visibili-

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

ty  to  the  fundamental  principles  that  justify  the 
demands  for  equal  representation  of women  and 
men  in  decision-making  positions.  It  called  on 
individuals  and  institutions  alike  to  address  the 
under-representation  of  women  and  develop 
measures which would aim to increase their num 
bers in politics. 

At the Rome Summit 'Women for the Renewal 
of  Politics  and  Society'  in  May  1996,  organised 
the 
jointly  by  the  Italian  Presidency  and 
Commission,  women  ministers  of  the  different 
Member  States  signed  the  Charter  of  Rome 
which  is  to  provide  the  basis  for  the  expressed 
commitments  of  the  Member  States  of  the 
European  Union to commit themselves to a gen 
der  balance  in  decision-making.  The  Charter 
notes  the  democratic  deficit  evidenced  by  the 
under-representation  of  women.  It  calls  for  a 
renewal  of  politics  and  society  by  ensuring  the 
balanced  participation  of  women  and  men  in 
decision-making  positions.  It  declares  commit 
ment  to the need to recognise equality of women 
and  men  as a priority  of  the  Union  and  stresses 
the  necessity  for  concrete  action  at  all  levels  to 
promote  the  equal  participation  of women  and 
men  in decision-making  in all spheres of society. 
As such, the Charter and the proposal for nation 
al  action  plans  together  set  the  framework  for 
future  action  to  establish  a  gender  balance  in 
political  decision-making. 

Communication 

An important part of the work of the European 
Expert  Network  'Women  in  Decision-making' 
has been  the dissemination  of the data and  stud 
ies  researched  and  compiled  by  the  Network's 
experts.  The  Network  not  only  published  an 
inventory and an evaluation of the strategies that 
had been developed  to promote women's partici 
pation, but it also organised  another key event in 
Dublin  in  March  1995  on  'Strategies  for  a 
Gender  Balance  in  Political  Decision-making' 
which  received  wide  public  attention.  The  con 
ference  resulted  in  a guide  for  the  implementa 
tion of policies for increasing the participation of 
women  in  political  decision-making  (currently 
being  prepared  for  publication).  The  Network 
in 
also  published 

the  brochure 

'Women 

lïSSiSSÏSSSSSSS 

81 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

CHARTER  OF  ROME 

Women  for  the  Renewal  of Politics  and Society* 

We, the  undersigned, women  ministers of different  Member States of the  European  Union,  gathered 
in  Rome on  18 May  1996 at the  invitation  of the President  of the  European  Union  Council  and on 
the occasion of the European summit 'Women  for the Renewal of Politics and Society', have together 
adopted  the following  Charter: 

We  note  a democratic  deficit 

Notwithstanding the evolution of the respective roles of women and men in European society, the gen 
eral statutory  recognition  of the  equality  of  rights  for  women  and  men  and  the  equal  opportunities 
policies pursued  in the Member States of the European  Union, we note that  the situation  of women 
is still  characterised  by inequality  in most sectors of society. This  inequality  can  be seen  in  decision 
making bodies and authorities, in politics, economics, social and cultural life; and at the local, region 
al, national  and European  level, where women  are usually in a minority position. 

We welcome the research done by the European Expert Network on 'Women in Decision-making' and 
acknowledge  that  it  greatly contributes  to  increased visibility  in  this  field  and  that  it  thereby  consti 
tutes a basis for  action. 

Substantial progress has been made since the Declaration of Athens, adopted  in  1992 on the occasion 
of the first  European  summit of women  in power. This progress, however, is not yet  sufficient. 

In  the field  of politics, the average female participation  in the Member States amounts  to  15 per cent 
for the national parliaments and  16 per cent for the governments; 28 per cent of the present  Members 
of the European  Parliament and 25 per cent of the European  Commissioners  are women. 

In other spheres of civil society where decisions are taken that have an indisputable impact on the lives 
of citizens, both  male and female,  female  representation  at decision-making  level can be even lower. 

We therefore  cannot  but face the fact  that  political life and decision-making  in general are still domi 
nated by men. This impairs the quality of decision-making and of democracy. Democracy will acquire 
a  true  and  dynamic  sense when  women  and  men  together  define  the values  they wish  to  uphold  in 
their political, economic, social and cultural life and together  take the relevant decisions. 

We  call  for  a renewal  of politics  and  society 

The  equal  participation  of women  and  men  in  decision-making  is  an  objective  that  has  priority  at 
European level. 

This  is  necessary  to  reinvigorate  democracy  and  its  mechanisms;  a balanced  sharing  of  power  and 
responsibilities  between women and men will improve the quality of life of the whole population;  the 
representation  of  all  parts  of  society  is  indispensable  if  the  problems  of  European  society  are  to  be 
addressed.  The  effective  implementation  of  policies  to  achieve  equal  participation  and  partnership 
between women  and  men  is a priority. 

Women, if present in sufficient  numbers, contribute to changing politics and decision-making in terms 
of the priorities and content,  as well as the practices of decision-making. 

82 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

A renewal of politics and  society will  be realised with  the joint  contribution  and  balanced  participa^ 
tion  of  women  and  men. This  contribution  and  participation  bridge  the  gap  between  citizens  and 
politicians, revitalise democracy and  increase citizen confidence  in the institutions  of democracy. 
The equal participation  of women  at all decision-making levels in economic, social and cultural struc 
tures is likewise necessary to guarantee that the needs of women and men are taken  into account in all 
policies, programmes and actions. 

We  declare  our  commitment  to  the  need  to  recognise  equality  of  women  and  men  as  a 
priority  of  the European  Union 

The  principal  responsibility of the Intergovernmental  Conference  (IGC), which will  revise European 
treaties, as laid down in the Maastricht Treaty, is to reinforce European democracy by bringing the con 
cepts  and  structures  of  Europe  closer  to  its  citizens.  Representatives  of  national  governments,  the 
European  Parliament  and the European  Commission  have declared  this to be a priority. 

More than half of European citizens are female. A democratic European society must therefore  be built 
on  the effective  and  real equality of its citizens of both sexes. 

We affirm  our  commitment  to the need of enshrining equality between women  and  men  in  the new 
European  Union Treaty. We consider it indispensable to integrate a gender perspective into all policies 
of the European  Union  (mainstreaming). This lies at the heart of European  citizenship  and its condi 
tions of practice. 

We call on the institutions and organs of the European Union to adopt, urgently, a strategy for achiev 
ing an equal participation  of women  and men and to set concrete targets to that  end. 

We  recognise  the  necessity  of  concrete  action  at  all  levels  to  promote  the  equal  partici 
pation  of women  and  men  in  decision-making  in  all spheres  of  society 

Where progress has been made, notably in the area of public life (in elected assemblies, in councils and 
consultative committees), this has been the result of putting into force incentives and/or legislatory or 
regulatory measures on  the part of governments and political parties. 

An integrated  and specific strategy is necessary if equal participation  is to be achieved in all spheres of 
society.  In  this  light  we  welcome  the  Rome  Conference  'Women  for  the  Renewal  of  Politics  and 
Society'. 

We commit  ourselves to  take action  for  the urgent empowerment  of women  and  to develop  the nec 
essary incentives and/or  legislative or regulatory measures. 

We call upon all actors concerned, male and female, to support this commitment  by translating it into 
concrete actions  to empower women  and to achieve an equal participation  of women  and men  in  the 
positions of power, influence  and decision  in all spheres of society. 

Z3 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

Decision-making.  Facts  and  Figures  on  Women 
in  Political  and  Public  Decision-making  in 
Europe', available in  11 languages. This brochure 
was  updated  several  times  and  has  been  widely 
distributed.  The  Network  closely  collaborated 
with women's non-governmental organisations in 
order  to  ensure that  a wide audience  receive up-
to-date  information  on  the  current  status  and 
trends  in  relation  to  womens  participation  in 
decision-making. 

WOMEN 
IN DECISIONMAKING IN 
EUROPEAN TRADE UNIONS 

The  representation  of  women  inside  various 
organisations - political, trade unions and employ 
ers associations  - is not  neutral  in  relation  to the 
promotion  of equality between  the sexes. 

Inside the European Trade Union  Confederation 
(ETUC),  a  process  of  discussion  has  been 

launched  to promote  a better  balance  inside  the 
delegations  and  its  decision-making  organs.  A 
similar awareness is evident among employer rep 
resentatives,  although  less  visible.  This  raises 
hopes  that  the  social  partners  will  be  a  driving 
force in the development  of guidelines,  practices 
and attitudes. 

Women  tend  to  be  under-represented  in  the 
leadership  and  principal  decision-making  bodies 
of trade unions in  all Member  States. The  situa 
tion of women in the ETUC's affiliates  is report 
ed in a survey published  by the Confederation  in 
1995.  In  the  national  centres  for  which figures 
were  reported,  the  proportion  of women  in  the 
membership of 27 centres was 36 per cent. Only 
two  out  of  27  reported  a proportion  of  women 
congress delegates equivalent  to, or  higher  than, 
the  proportion  of  female  members.  Of  general 
secretaries  and/or  presidents  of  1009  affiliated 
unions  only  126  (eight  per  cent)  were  female. 
The  average  percentage  of  women  on  national 
executive  committees  in  the  case  of  30  centres 
was 15 per cent. Only two out of thirty principal 
leaders  of  national  confederations  were  female. 
Women were notably absent from  important col-

PARTICIPATION  OF  WOMEN  IN  PUBLIC ADMINISTRATION  AT  NATIONAL  LEVEL 

100 

80 

60 

40 

1992 

1989 

1991 

1991 

1994 

1989-92 

1991 

1993 

1993 

1991 

TOTAL  PUBLIC  A D M I N I S T R A T I ON 

UNIVERSITY  LEVEL 

MANAGEMENT  LEVEL 

1988 

1994 

1991 

1996 

B 

DK 

D  GR 

IRL 

NL 

FIN 

UK  EC 

SOURCE:  EUROPEAN  EXPERTS  NETWORK  ' W O M EN 

IN  D E C I S I O N - M A K I N G.  FACTS  A ND  FIGURES  ON  W O M EN 

IN 

POLITICAL  A ND  PUBLIC  DECISION-MAKING  IN  EUROPE  (1996).' 

NOTE:  EC  REFERS  TO  THE  C O M M I S S I O N 'S  ADMINISTRATIVE  STAFF. 

«ftttWSWWSÎWRÎ 

84 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

> £:& & & & £ Â % K& 

lective  bargaining  activities.  A positive  feature 
was  highlighted  in the  report  however:  'women 
fare better as officials  of trade union organisations 
at national and European levels than as represen-

tatives 

Women are slowly making gains however, and 
an  improvement  over  time  is evident  in  the 
ETUC itself. Figures obtained for the years 1994 
and  1996 show the following: women's member 
ship  (full  and deputy  members)  of the executive 
committee increased from  14 per cent in 1994 to 
24  per cent  in  1996. Women  as a percentage of 
those present at the ETUC's  1991 congress (del 
egates and observers  together)  were  18 per cent, 
while at the 1995 congress they were 24 per cent 
(figures  include women  in reserved seats). 

NGOs  a?id  the civil  dialogue 

While  recognising  the  special  role  played by 
consensus  and collective  agreements  between 
employers  and trade  unions  in the European 
social  model,  the Commission  has  recognised 
that voluntary and other  representative  organisa 
tions have a contribution  to make to the process 

of change in Europe. Some of the social problems 
facing Europe, such as social and economic exclu 
sion, poverty, the rise in racism, xenophobia and 
anti-semitism, the ageing of Europe, the situation 
of people with disability and themes arising  from 
equality  of opportunity  between  women and 
men,  are acute  and can  be  best  addressed  by a 
range of partners. 

Cooperation  between  European  NGOs and 
networks in the social  field  began  in 1993 and 
was followed  by an NGO  Forum  in Brussels  in 
1994 and by joint  responses  to social  policy ini 
tiatives of the Commission. With  the increase in 
regular  contact  with  European  institutions  and 
collaboration  between  networks, a more  formal 
Platform  of European  Social  NGOs  was formed 
in  1995. The aim was to establish a broader  dia 
logue  with  European  institutions  on European 
social  policy,  beyond  the  more  specific  and sec 
toral  dialogue  which  remains  of major  impor 
tance.  By March  1996, the  Platform  was com 
posed of 19 members. 

Among  the 19  Platform  members  is  the 

European Women's Lobby, founded  in  1990 and 
which  is the  largest  coalition  of  women's  non-

pARTiàprioH  ^w 

1 0 0-

80-

60-

40-

1993 

1994 

2 0-

1990/1/2/3 

1995 

1995 

1994 

1994 

1993 

1993 

1994 

1992 

1994 

0 

B  DK  D  GR  E 

IRL  I 

L  NL 

P 

F IN  S  UK  T o t al 

SOURCE:  EUROPEAN  EXPERTS  NETWORK 

' W O M EN  IN  D E C I S I O N - M A K I N G.  FACTS  A ND  FIGURES  ON W O M EN  IN  POLITICAL 

A ND  PUBLIC  D E C I S I O N - M A K I NG  IN  EUROPE  (1996).' 

NOTE:  DATA  FOR  D  REFERS  TO  MUNICIPALITIES  WITH  MORE  THAN  20,000  P O P U L A T I O N.  SEE  DATA  SOURCE. 

85 

PROMOTING A GENDER  BALANCE IN  DECISION-MAKING 

WOMEN  AS  MEMBERS  AND AS  LEADERS  OF THE AFFÎLÎATEO SECTORAL AND  REGIONAL ONIONS 

AND  AS  CONGRESS  DELEGATES  OF THE 31  NATIONAL  CONFEDERATIONS  OF THE ETUC,  35*3 

TABLE  a8 

UNION 

FGTB (B) 

AC(DK) 

LO(DK) 

DAG(D) 

DGB(D) 

CGOO.(ESP) 

ELA/STV(ESP) 

UGT(ESP) 

CFDT(F) 

FO(F) 

GSEE(GR) 

ICTU(IRL) 

CISL(I) 

UIL(I) 

CGT(L) 

CNV(NL) 

FNV(NL) 

MHP(NL) 

UGT(P) 

TUC(UK) 

OGB(A) 

SEK(CY) 

AKAVA-RY(SF) 

SAK(SF) 

ASI(IS) 

CMTU(M) 

LO(N) 

LO(S) 

TCO(S) 

SGB(CH) 

VKunen 
as proportion 
of membership 

n/k 

29% 

49% 

53% 

32% 

42% 

26% 

29% 

n/k 

n/k 

n/k 

38% 

+- 40% 

41% 

25% 

20% 

22% 

+-12% 

41% 

36% 

31% 

34% 

48% 

45% 

47% 

60% 

42% 

45% 

59% 

13% 

^fornen as general 

VCbmenasa 

secretaries and/or 
presidents of 

unions 

0 amongst 25 

3 amongst 25 

2 amongst  22 

0 amongst 1 

1 amongst  16 

n/k 

n/k 

2 amongst 32 

6 amongst  42 

7 amongst  13 

15 amongst  17 

10 amongst 70 

n/kl 

1 amongst 46 

n/k 

4 amongst 1 

4 amongst  19 

0 amongst  3 

n/k 

14 amongst 69 

1 amongst  14 

0 amongst  7 

20 amongst  34 

6  amongst  24 

27 amongst  169 

1 amongst 9 

n/k 

2 amongst 22 

n/k 

n/k 

proportion of 
affiliated congress 
delegates' 

n/k1 

29% 

30% 

136% 

22% 

15% 

n/k 

n/k 

21% 

135% 

24% 

29% 

8% 

7% 

11% 

72% 

20% 

9% 

n/k 

22% 

14% 

13% 

35% 

49% 

38% 

19% 

35% 

26% 

43% 

20% 

TURK-IS(TR) 

+-10% 

0 amongst  32 

1% 

* Women delegates arc supposed  to be proportional  to overall proportion of female  membership. 
*  (Q) = cjuota system; (R) = reserved  seats; (A)= other policy 
'  u/k: 110c  known 
J Ar the most recent  Congress. 

System of 
ensuring  female 
repre$entao'onb 

none 

yes 

none 

yes(Q) 

noned 

yes (Q) 

n/k 

none 

none 

none 

none 

yes (A) 

yes (Q) 

yes  (A) 

yes (Q) 

none 

yes (A) 

none 

none 

yes (A) 

none 

none 

yes (Q) 

yes  (A) 

none 

none 

yes (A) 

yes (A) 

none 

none 

yes (A) 

Abréviations 

FGTB: 

Fédération  Générale des 

Travailleurs  de  Belgique 

AC: 

Akademikernes 

Ceiuralorganisationcn 

LO: 

Landsorganisationen i 

Denmark 

DAG: 

Deutsche 

Angestellten-Gewerkschalt 

D G B: 

Deutscher 

Gcwerkschaftsbund 

C C . O O: 

Confedcracion  Sindical  de 

Commissiones  Obrcras 

ELA: 

Solidaridad de  Tr.ib.ijadorcs 

V.isco 

UGT: 

Union  General  de 

Trabajadores  de  Espana 

CFDT: 

Confédération  Française 

Démocratique  du Travaille 

F O: 

Force Ouvrière 

GSEE: 

Greek General 

Confederation  of  Labour 

1CTU: 

Irish  Congress  ofTrade 

Unions 

C1SL: 

Conlederazione haliana 

Sindicaci  Lavoratori 

UIL: 

CGT: 

Unione  Italiana  del  Lavoro 

Confédération  Générale du 

Travail  de  Luxembourg 

CNV: 

Cnristeiijk  NationaaJ 

Vakverbond 

FNV: 

Fcderarie  Nederl.indse 

Viikbeweging 

M H P: 

V;ikcenuale  voor 

Middelbaar  en  Hoger 

Pcrsoneel 

UGT: 

Union  General  dos 

TVC: 

O G B: 

Trabalhadorcs 

Trades  Union  Congress 

Osterrcichisclicr 

Cewerksrh.il isbimd 

SEK: 

Cyprus  Workers Federation 

AKAVA-RY:  Confederation of Trades 

Unions  ol  University 

Employees 

SAK: 

Suoinenammatiiliiitojen 

Kcsktisjarejesto 

ASJ: 

AliJiydnsambiiiid  Islands 

Greece 

C M T U: 

Confederation  ol Trade-

Unions  Malta 

LO: 

Landsorganisasjonen  i 

Norge 

LO: 

Landsorganisasjonen i 

SVerige 

TCO: 

T/.imicmamicm 

Centralorganisaiion 

SGIi: 

Sebwfizc-nsclK-r 

Gt-werkscbaltsbund 

TURK-IS:  Confederation  of  Turkish 

Trade  Unions 

j  SOURCE:  C.  BYRNE  AND  M.  BRAITHWAITE, WOMEN  IN  DECISION-MAKING  IN TRADE  UNIONS,  HTUC,  BRUSSELS,  1994. 
L _ _ __ 

. —-

86 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

SWEDEN - A STRATEGY IN DECISION-MAKING 

The  total of the Swedish population  is 8.9  million of which 4.5 million  are women  and A A  million  are 
men. In  the population  group between  the ages of 20-64, the number of women  is 2.5 million  as com 
pared  to  2.58  million  men. In  this group 79.5 per cent of women  are in the work force while 83.9 per 
cent of men are in gainful  employment.  Universal female suffrage  was established  in  1919. 

The  political  system  in  Sweden 

Sweden  is a representative  democracy in which  parliamentary,  municipal  and county elections  are held 
every four years. The Swedish Parliament is a unicameral assembly with 349 members. Sweden has a pro 
portional  system of representation  where candidates do not  run  for election  as individuals;  instead  vot 
ers choose a political party, each with a numbered list of candidates for  multi-seat  constituencies. 

Women  in  the Swedish  Parliament 

Between  1971 and  1985, the number of women in the Swedish Parliament increased by 7 per cent  from 
31 to 38 per cent. There was a blip after  the  1991 elections when the female share dropped five per cent. 
However, after  the  1994 election, the percentage of women members of Parliament increased again to 40 
per cent. In the Swedish parliamentary committees women are also well represented. 

Women  at the Ministerial  level 

Sweden has the highest proportion of women at ministerial level where half the 22 Swedish ministers are 
women. Women  are  poorly represented  among senior officials  in  the  ministries where  they  constitute 
only 29 per cent of this category. 

Women  in  Municipal  and  County  Councils 

In the last elections to County and Municipal Councils, the percentage of women reached 48 and 41 per 
cent,  respectively. 

Research  and  data  collection 

In  1986, the  Swedish government  created  a committee  charged with collecting data on women's repre 
sentation  on  the boards of public authorities. 

Application  of  targets  and  timetables 

At municipal and regional levels the proportion of women is even higher than or equal to the proportion 
at national level at around 40 per cent. The Swedish government has established time-specific  targets for 
women's  greater  representation  on  the  boards  of  public  authorities  and  governmental  committees.  In 
1993,  the proportion  of women was 32 per cent. The goal for  1995 was 40 per cent. The final target is 
equal  representation  by  1998. For this purpose, the government  has allocated  SEK  5million  for  project 
activities  to  support  active  efforts  to  increase  women's  participation  in  political  decision-making  posi 
tions. The application of the plan and related activities resulted in the considerable increase of women in 
the public authorities bodies to 40 per cent in  1995. 

87 

PROMOTING A GENDER BALANCE IN DECISION-MAKING 

»S¥*WA^SSS>'*S¥SSS¥!¥ 

governmental  organisations  in  the  European 
Union.  Its  activities  include  lobbying  on  draft 
gender  equality  legislation,  monitoring  the 
implementation  of  Directives  and  action  pro 
grammes and voicing its concern  on other issues 
of importance to women. Within the Platform of 
European  Social  NGOs, other  members are also 
engaged  in  dialogues  on  themes  of  concern  to 
equality  of  opportunities.  The  latter  include, 
amongst  others,  the  Confederation  of  Family 
Organisations  in  the  European  Community  and 
the European Anti-Poverty Network. 

In  relation  to  policies concerning  the  applica 
tion of gender analysis in development, coopera 
tion  and  humanitarian  relief  programmes,  the 
Commission has developed a tradition of consul 
tation  and  cooperation  with  NGOs  working  in 
the  development  field.  The  large  network 
Women  in Development  Europe has represented 
the  concerns  of women  in  developing  countries 
and  prepared  important  contributions  to  the 
development  of  European  policy  in  these  fields. 
In  the  same  manner,  the  Commission  has com 
mitted  itself  to  the  protection  of human  rights, 
including,  specifically,  those  of women.  Among 
the methods to be employed to achieve this is the 
promotion  of a pluralist civil society through  the 
strengthening  of  appropriate  bodies,  including 
non-governmental  organisations (see Chapter 6). 

The  European  Social  Policy Forum will recon 
vene  during  1997  as  part  of  the  emerging  dia 
logue  and  collaboration  between  the  organisa 
tions of civil society and European institutions. It 
provides  the  opportunity  for  studying  the  inter 
action  of equality  policy with  other  social issues 
such  as poverty,  racism  and  issues where women 
are not  directly targeted  but  confront  this reality. 

88 

&%mtme&c&t 

CHAPTER 5 

ENABLING WOMEN  TO 
EXERCISE THEIR RIGHTS 

Ki&ii&x&sses&isx» 

© 

EXERCISING RIGHTS 

The  legal  framework 

The  equal  treatment  principle  has  developed 
from  the isolated provision of equal pay for equal 
work  contained  in  Article  119  EC  to  a  fully 
fledged programme of equality measures. In addi 
tion to Article  119 of the Treaty, the Community 
has  enacted  secondary  legislation  in  the  field  of 
equal  pay,  equal  treatment  at  work,  equal  treat 
ment in state and occupational social security sys 
tems and  equal  treatment  for  the  self-employed. 
A number  of associated  measures have also been 
passed, for example a Recommendation  on child 
care1  and  a  Resolution  on  the  protection  of  the 
dignity of women and men at work.2 The legisla 
tive  programme  has  been  interpreted  and  clari 
fied  by  the  Court  of  Justice  of  the  European 
Communities  (ECJ),  largely  through  references 
made  by  the  national  courts  under  Article  177 
but  also by infringement  actions  brought  by the 
Commission  under  Article  169.  In  particular  it 
has developed  a case law on the concept  of direct 
and  indirect  discrimination  in  Community  law. 
The Community has initiated a number of strate 
gies  to  make  women  and  men  more  aware  of 
their  legal  rights  by  setting  up  the  Network  of 
Legal Experts, and  by supporting conferences  on 
particular subjects  of interest. 

1 Recommendation  of 31.3.1992,  92/241  EEC. OJ  L  123  of 

8.5.1992. 

'  Resolution  of  29.5.1990.  OJ  C  157 of  27.6.1990.  p.2. 

89 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

The principle of equal treatment is also ïeferred 
to in the Preamble to the Community Charter of 
Fundamental  Social  Rights  For Workers  (1989). 
Article  16 is specifically  directed  at  the principle 
of equal treatment  for women and  men. 

Equalpay 

Council Directive  75/117/EEC provides  a  legal 
framework for  the application  of the principle  of 
equal pay for  the same  work or for  work to  which 
equal value is attributed between  women and men. 

mentation  of the principle of equal treatment  for 
men  and  women  in  occupational  social  security 
schemes  86/378/EEC.  In  a  recent  case,5  the 
Court  has built  upon  its jurisprudence  and  ruled 
that  piece rate work also falls within  Article  119 
EC. 

The  Commission  has  taken  an  interest  in  the 
effects  of collective agreements and  infringement 
actions under Article  169 EC have been  initiated 
where Member States have failed  to take the nec 
essary measures to ensure that the equal pay prin 
ciple is observed. 

Equal  Pay  Memorandum 

Equal  treatment 

In  June  1994  the  Commission  adopted  a 
Memorandum3 which defined  the scope and con 
cept  of Equal  Pay for  Work  of Equal Value, and 
provided guidance on the criteria to be taken into 
account  in  job  evaluation  and  job  classification. 
This  Memorandum  was offered  for  information 
and consideration  to interested parties concerned 
with,  or  involved  in,  the  equal  pay issue.  It  did 
not  contain  any formal  proposals. 

As it announced in the Memorandum on Equal 
Pay  for  Work  of  Equal  Value,  the  Commission 
adopted  on  17 July  1996  a code  of  practice  for 
use  by  employers,  employees  and  trade  unions. 
This is intended as a practical handbook for those 
involved  in day to day problems of implementing 
equal  pay.  It  recommends  that  information  on 
pay  should  be  gathered  and  analysed  to  see  if 
there is discrimination  and strategies deployed  to 
combat  it,  as  well  as  giving  guidance  on  the 
development  of  non-discriminatory  job  evalua 
tion schemes. 

Over  the years the  ECJ  has been  instrumental 
in  explaining  the scope of the  principle of equal 
pay  contained  in  Community  law.  It  has,  for 
example, given a broad interpretation  of the con 
cept of pay. One of the most significant  rulings is 
the Barber case4 where the Court  ruled  that ben 
efits  paid  under  an  occupational  pension  fell 
within  the scope of Article  119 EC. This has led 
to  much  litigation  in  this  area.  A  Protocol 
annexed  to  the  Treaty  on  European  Union 
explains  the  temporal  effects  of this ruling. As a 
result  the  Commission  has  issued  a  proposal 
amending  the  Council  Directive  on  the  imple-

Council Directive  761207I EEC provides  a  legal 

framework  for  the implementation  of the principle 
of equal treatment for  women and men in  relation 
to all jobs or posts of employment,  vocational train 
ing, promotion and working conditions. 

Council  Directive  76/207/EEC  applies  the 
principle of equal treatment  to access to employ 
ment, vocational  training,  promotion  and  work 
ing conditions. The  ECJ  has delivered  a number 
of rulings  on  this directive. The  most  important 
case in  1995 was the Kalanke case/' 

In  this  case,  the  ECJ  was  asked  by  a  German 
court whether the Land of Bremen was in contra 
vention of Article 2 (4) of Directive  76/207/EEC 
on  equal  treatment  between  women  and  men, 
through  its policy of automatically giving priority 
to women candidates for recruitment and promo 
tion  in  sectors  where  they  are  under-represented 
and where a female candidate has the same quali 
fications as a male candidate. 

Article  2 (4)  of the  Equal Treatment  Directive 
states  that  the  Directive  shall  be  without  preju 
dice  to  measures  which  promote  equality  of 
opportunity  for  women  and  men,  in  particular 
by  removing  existing  inequalities  which  affect 
women's  opportunities  in  the  areas  of  access  to 

J Memorandum  on  Equal  Pay  for  Work  of  Equal  Value, 

COM(94)  6 final  of 23.6.1994. 
4 Case C-262/88  Barber v GRE  [1990]  ECR  1889. 

5 Case C-400/93  Royal Copenhagen  11995]  ECR 1-1295. 

* Case C-450/93  Kalanke v Ereie Hansestadt  Bremen  [ 1995| 

ECR  I-3051. 

SSKKJSftïSSSÏKS 

90 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

KALANKE COMMUNICATION OP THE COMMISSION7 

On  27  March  1996  the  Commission  issued  a  Communication  to  the  Council  and  the  European 
Parliament  on  the interpretation  of Kalanke* putting forward  the view that quota systems which  fall 
short  of  being  rigid  and  automatic  are  lawful.  Member  States  and  employers  are  thus  free  to  have 
recourse  to  all  other  forms  of  positive  action,  including flexible quotas.  It  is  the  opinion  of  the 
Commission  that  a wide range of actions to promote access to employment  and promotion  of mem 
bers of the under-represented  sex continues to be legal. 

To illustrate this, the communication comprises a list of positive action measures which are considered 
to be lawful,  such as: 

• Quotas linked  to  the qualifications  required for  the job, as long as they allow account  to  be taken 
of particular circumstances which might, in a given case, justify an exception to the principle of giv 
ing preference  to the under-represented sex. 

• Plans  for  promoting  women,  prescribing  the  proportions  and  the  time  limits  within  which  the 
number  of women  should  be increased  but  without  imposing an  automatic  preference  rule when 
individual decisions on recruitment  and promotion  are taken. 

• An obligation  of principle for an employer to recruit or promote by preference  a person  belonging 
to the under-represented  sex; in such a case, no individual right to be preferred  is conferred  on any 
person. 

•  Reductions  in  social security  contributions  which  are granted  to firms when  they  recruit  women 
who return  to the labour market, to perform  tasks in sectors where women  are  under-represented. 

•  State  funding  granted  to  employers  who  recruit  women  in  sectors where  they  are  under-repre 

sented. 

•  Other positive action measures focusing on training, professional orientation, the reorganisation of 

working time, childcare. 

In order to end the uncertainty surrounding  the legal scope of positive action  the Commission  decid 
ed to propose an amendment  of the wording of Article 1(4) of the Equal Treatment  Directive so that 
the text will reflect the proper legal position, whilst continuing to permit some forms of positive action. 
The  Commission  considered  that  the  Court  had  condemned  only the special  feature  of the  Bremen 
law namely: giving women absolute and unconditional right to appointment or promotion. This inter 
pretative amendment  reads as follows: 

This Directive shall be without  prejudice  to measures to promote equal opportunity  for women  and 
men  in particular  by removing existing inequalities which affect  the opportunities  of the  under-rep 
resented sex in the areas referred  to in article  1(1). Possible measures shall include the giving of pref 
erence,  as regards  access to  employment  or promotion,  to  a member  of the  under-represented  sex, 
provided  that  such  measures  do  not  preclude  the  assessment  of the  particular  circumstances  of an 
individual case. 

'Communication  from  the  Commission  to  the  European  Parliament  and  Council  on  the  Interpretation  of  the.Judgement  of  the 

Court  of Justice on  17.10.1995  in Case C-450  Kalanke v Freic Hanscstadt  Bremen, COM  (96) 88 final  of 27.3  1996, p.93. 

"Sec also the Resolution  of the European  Parliament  15-19 January  1996 Plenary Session expressing concern  over the consequences 

of Kalanke and  the call for  an amendment  of Article 2(4) of the Equal Treatment  Directive OJ  C 32 of 5.2.1996,  p.24, point  20. 

91 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

employment,  including  promotion,  vocational 
training and working conditions and,  under cer 
tain  specific  conditions,  social security. This has 
been  generally interpreted  as meaning  that  posi 
tive action measures were permitted. 

The  Courts  ruling made it  clear that  national 
rules  which  guarantee  women  absolute  and 
unconditional  priority  for  appointment  or  pro 
motion,  go beyond  promoting  equal  opportuni 
ties and overstep the limits of the positive action 
exception  provided  for  in  Article  2  (4)  of  the 
Directive. 

On  30 April  1996  the  Court  of Justice deliv 
ered  a landmark  ruling  in  the Cornwall  case9 by 
ruling  that  to  dismiss  a  person  who  had  been 
hired  whilst a man  but  had  subsequently  under 
gone  a  number  of  sex-change  operations  and 
become  a  woman  was  discrimination  on  the 
grounds  of  sex,  falling  within  the  scope  of  the 
Equal Treatment  Directive. 

Statutory  social security schemes 

Council Directive 79/7/EEC provides a legal 
framework  for  the implementation  of the principle 
of equal treatment for women and men in statutory 
social security schemes. 

The  Court  has  delivered  a  number  of  rulings 
on  this  Directive  relating  to  state social  security. 
The  Court  considers  that  the  Directive  includes 
within  its ambit  a social  security  benefit  paid  to 
carers,10 and  free  prescriptions  under  the  United 
Kingdom  health  service  available  to  people over 
the  pension  age." A case has been  decided  con 
cerning free transport allowances granted by local 
councils.12  However,  housing  benefit13  paid  to 
people  on  low  income  and  an  income  supple 
ment14 have  been  excluded  from  its  scope.  The 
Court  has  nevertheless  allowed  the  Member 
States  to  justify  certain  forms  of  discrimination 
where it can be shown that such discrimination is 
objectively  necessary  to  avoid  disrupting  the 
complex financial  equilibrium  of the State's social 
security system.15 

Two  important  cases  in  1995  concerned  the 
exclusion of low paid part-time workers from  the 
German  state  social  security  scheme."  The 
scheme  was challenged  in  the  German  courts as 

creating  indirect  discrimination  -  which  is cov 
ered  in  Council  Directive  79/7/EEC  -  since  it 
affected  more female workers than  male workers. 
The state argued that the scheme was justified  on 
the basis that there was a social demand  for what 
was  termed  minor  employment'  which  could 
only be fostered  by excluding it from  compulso 
ry  insurance.  Coverage  of  such  employment 
within  a  compulsory  scheme  would  lead  to  an 
increase  in  unlawful  employment  and  circum 
venting devices. This defence was accepted by the 
Court since the measures chosen reflected  a legit 
imate  social  policy  on  the  part  of  the  Member 
State whose legislation was at  issue and  the mea 
sures taken were appropriate to that end and were 
necessary.17 

Similarly  the  Laperre  case"  required  the  gov 
ernment  of  the  Netherlands  to  justify  a  social 
security scheme which was designed  to guarantee 
beneficiaries income at the level of the social min 
imum.  The  scheme  was  subject  to  conditions 
relating  to  previous  employment  and  age,  irre 
spective  of  whether 
the  claimant  had  any 
resources. Even though it was established that the 
scheme had  a disparate  impact  upon  women,  it 
was  accepted  that  the  government  had  shown 
that the scheme was necessary in order to attain a 
social policy aim  unrelated to any discrimination 
on grounds of sex. 

Case  C-13/94  P  v S  and  Cornwall  CC  nyr. 

'Case  150/85  Drake  v  Chief  Adjudication  Officer  [1986]  ECR 

1995. 

' Case C-137/94 The Queen v Secretary of Sate for Health ex pane 

Cyril Richardson  (19951 ECR 1 - 3407. 
1 Case C-228/94 of  11.7.1994, Atkins, nyr. 
1 Case 243/90 The  Queen  v Secretary of State for Social  Security ex 

parte Florence Rose Smithson  [1992] ECR I - 476. 
1 Cases  C-63-64/91  Jackson  and  Cresswell  v  Chief  Adjudication 

Officer  [1992] ECR  1-4737. 

'Case  G328/91  Secretary  of  State  for  Social  Security  v  Thomas 

[1993] ECR 11247; Case C-92/94 Graham  [1995]  ECR  1-2521; 

Case  CI54/92  Van  Cant  v  Rijksdienst  Voor  Pcnsioenen  [1993] 

ECRI-3811. 

''Case C-317/93  Nolte v  Landcsvcrsichcrungianstalt  Hannover  nyr 

and Case C-444/93 Megner and Scheffel  v  Innungskrankcn Kosse 

Vorderpflaz [now Innungskrankcnkasse Rhciuhcsscn-Pfltf. nyr]. 
7 Case  171/88 Rinncr-Kuhn  [1989]  ECR  2743. 

'Case  C-8/94  C.B.  Laperre  v  Bcstuurscommissic  bcrocps/.a-

ken  in  de  provincie  Zuid-Holland  [1996]  ECR  1 -  273. 

92 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

Occupational  social  security 
schemes 

Council  Directive  86/378/EEC provides  a  legal 
framework  for the implementation of the principle of 
equal treatment for women and men in occupation 
al social security schemes. 

The  Council  has  adopted,  on  2  December 
1996, an amended proposal of Council Directive" 
amending  the  Council  Directive  on  the  imple 
mentation  of the principle  of equal  treatment  for 
men  and  women  in  occupational  social  security 
schemes20. The  Commission  issued a proposal  for 
this amendment, after  the ruling in Barber v GRE 
and  the clarification  of the  scope of this ruling in 
Protocol and six rulings delivered by the ECJ. 

The  Commission  has  also  been  conducting 
research on  the individualisation  of social security 
benefits  (see Chapter 3). 

Equal  Treatment  of  the self-
employed  and  their  spouses 

Council Directive  86/613/EEC provides  a  legal 
framework  for  the application  of  the principle  of 
equal treatment between  women and men engaged 
in a self-employed capacity including agriculture.  It 
includes,  inter alia,  their protection  during preg 
nancy and motherhood. 

Directive  86/613/EEC  aims  to  cover women 
whose occupational  status  is unclear,  particularly 
wives  working  in  family  businesses,  including 
those in the agricultural  sector. The  Commission 
has  noted  that  the  Directive  has  not  resulted  in 
the  impact  on  self-employed  and  their  spouses, 
which  had  been  expected.  This  is  the  case  of 
women who work in a family enterprise and have 
no  professional  status  either  as employee  or  as a 
business  partner,  because  they  are  married  or 
related  to the owner. The  Commission  is prepar 
ing an assessment  of the situation  with a view to 
issuing a revised  Directive  in this area in  1997." 

Community 
and  maternity 

law  on  pregnancy 

Council Directive 92/85/EEC  provides  a  legal 
fr-amework  for  the protection of pregnant  women 
workers,  who have given birth, or who are  breast 
feeding. 

The  Council  Directive  92/85/EEC  of  19 
October 
introduced  measures  to  encourage 
improvements in the health and safety at work of 
pregnant workers and workers who have recently 
given birth  or are breastfeeding.23 

The  Directive  was  based  upon  Article  118a 
EC.  Its  main  provisions  are  summarised  as  fol 
lows: 

A woman is not obliged to perform  night work 
during pregnancy and  for  a period  following  the 
birth  to  be  determined  by  the  relevant  national 
body, conditional  only on  production  of a med 
ical certificate stating that this is necessary for the 
safety or health of the worker  concerned. 

Women  are entitled  to  paid  time  off  work  to 
attend  ante-natal  appointments  if such  examina 
tions  have  to  take  place  during  working  hours. 
Dismissal  is forbidden  on  account  of pregnancy. 
A woman is protected during the period from  the 
beginning  of  the  pregnancy  to  the  end  of  the 
maternity  leave  period  save  in  exceptional  cases 
not connected with pregnancy, which are permit 
ted under national legislation and/or practice and 
after  the consent of the competent  authority.  If a 
worker  is dismissed,  the employer  must  state the 
reasons  for  dismissal  in  writing.  Contractual 
rights  have  to  be  maintained  for  women  on 
maternity leave. 

A minimum  of  14 weeks continuous  period of 
maternity leave has to be allocated before or  after 
confinement  in accordance with  national  legisla 
tion/practice.  During  the  maternity  leave,  either 
the  payment  is  maintained  or  an  adequate 
allowance is granted, in accordance with  national 
legislation  and/or  practice. There  is, however,  to 
be a compulsory  period  of maternity  leave  of at 
least  2 weeks before  and/or  after  confinement  in 
accordance with  national legislation  or practice. 

"  to be completed 

"' OJ L225/86of 12.8.1986; Corrigendum to Article 2(2) OJ L283of 

4.10.1986, p.27.. 

21 OJL  359 of  19.12.1986, p.56. 

"Fourth  Medium-Term  Community  Action  Programme  on 

Equal Opportunities for Women and Men COM(95)381  final 

of 19.7.1995, Brussels. 

"Tenth  individual Directive within the meaning of Article  16(1) 

of Directive 89/391/EECOJ  L 348 of 28.11.1992. p.l. 

93 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

ACCESS TO JUSTICE 

Access  to  justice  is  enshrined  as  a substantive  law  right  in 
the  equal  treatment  Directives.  The  most  litigation  has 
revolved  around  Article  6  of  the  Equal  Treatment 
Directive. 

Article  6  of  Council  Directive  7 6 / 2 0 7 / E E C. 

Member  States shall  introduce  into  their  national  legal sys 
tems  such  measures  as  are  necessary  to  enable  all  persons 
who  considered  themselves  wronged  by failure  to  apply  to 
them  the  principle  of equal  treatment  within  the  meaning 
of  Articles  3,  4  and  5  to  pursue  their  claims  by  judicial 
process  after  possible  recourse  to  other  competent  author 
ities. 

Access  to  justice  is  also  acknowledged  as  a  fundamental 
right  of Community  law.24 

Case  2 2 2 / 84  Johnston  v  RUC  [1986]  ECR  427. 

Facts', a certificate  issued  by the  Secretary of State  declared 
that  decisions  taken  by  the  Chief  Constable  of  the  RUC 
were  not  reviewable  by a court  or other  independent  body. 

The  Court  ruled  that  this  decision  was contrary  to  Article 
6  of  the  Equal  Treatment  Directive.  The  Court  of  Justice 
referred  to  Article  6  ECHR  1951,  the  principles  of  which 
must  be  taken  into  consideration  by Community  law. The 
Court  ruled  that Article  6  ETD  created  direct  effects  in  so 
far  as  the  rights  conferred  by  the  Directive  'may  be  effec 
tively relied  upon  before  the national  courts  by the  persons 
concerned.'  It  was  argued  that  this  requirement  of judicial 
control  reflected  a  general  principle  of  law  which  was 
embedded  in  the  constitutional  traditions  common  to  the 
Member  States.  The  Court  ruled  that  the  Secretary  of 
to 
State's  certificate  allowed  the  competent  authority 
deprive an  individual  of the possibility of asserting by judi 
cial  process  the  rights conferred  and was  therefore  contrary 
to  Article  6  ETD. 

"Case 222/86  UNECTPF  v Hcylcns [1987] ECR 4097. 

94 

Member  States  are  required  to  introduce  into 
their national legal systems, such measures as will 
enable  all  workers  to  pursue  their  claims  under 
the Directive by judicial process and/or,  in accor 
dance  with  national  laws  and/or  practices,  by 
recourse to other competent  authorities. 

Parental  leave 

Council Directive 96/34  EC  implements the 
framework agreement  on parental leave  and  time 
off from work concluded by UNICE, CEEP and the 
ETUC and sets out minimum requirements. 

A Directive on parental leave or leave for  fami 
ly reasons  was proposed  in  1984.25  It  was based 
upon Article  100 of the Treaty. It was opposed by 
the  United  Kingdom  government  particularly 
because of their view of the consequences  of the 
costs  of  parental  leave. The  proposal  was  resur 
rected  after  the  Social  Policy  Agreement  came 
into force. The Commission  consulted  the social 
partners on 22 February  1995 on  the possibilities 
for  action  on  the  question  of  reconciling  work 
and  family  life  and,  on  21  June  1995,  on  the 
nature of action to be taken on parental leave. On 
7  July  1995  UNICE,  CEEP  and  ETUC 
expressed  a desire  to  enter  into  negotiations  and 
in turn  the Commission  suspended  its legislative 
initiative,  as of  20 July  1995  for  a set  period  of 
nine  months. On  14  December  1995, the  social 
partners  signed  a  framework  agreement  on 
parental  leave and  called  upon  the  Commission 
to  submit  it  to  the  Council  of Ministers  so  that 
the  Council  could  adopt  a decision  and  thereby 
make  the  minimum  requirements  in  the  agree 
ment binding in all the Member States except tor 
the United Kingdom. This was a significant  occa 
sion  since  the  parental  leave  agreement  was  the 
first  piece of legislation  to be agreed  by the social 
partners under  the Social  Policy Agreement. 

At  the  Labour  and  Social  Affairs  Council 
Meeting  of  29  March  1996  the  14  Member 
States reached political agreement on the parental 
leave  framework  agreement  concluded  by  the 
social partners. The  Directive was adopted  at the 
Council meeting on 3 June  1996. The  framework 
agreement  which  is annexed  to the  Directive sets 
out  minimum  requirements  on  parental  leave 

» OJC  316 of 27.11.1984. p.7. 

and  time  off  work  on  grounds  of force  majeure, 
the aim  being to  make it  easier  for  parents' pro 
fessional  and  family  responsibilities  to  be recon 
ciled. 

•  Rights  acquired  or  in  the  process  of  being 
acquired  by  a  worker  on  the  date  on  which 
parental leave begins will be maintained as they 
stand  until the end of parental leave. 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

The  framework  agreement  provides  for  an 
individual right to parental leave to be granted, in 
principle  on  a non-transferable  basis, to all male 
and  female  workers following  the birth  or adop 
tion  of a child,  such  as will  enable  them  to  take 
care of that  child  for  at  least three months,  until 
a given age, up to the age of eight years. The con 
ditions  of  access and  detailed  rules  for  applying 
parental  leave will be defined  by law and/or col 
lective agreement  in  the  Member  States. As long 
as the minimum  requirements  of the  framework 
agreement  are  respected,  Member  States  and/or 
the social partners may, in particular: 

•  Decide whether  parental  leave  is granted  on a 
full-time  or  part-time  basis,  in  a  fragmented 
way or in the form  of a time-credit system. 

•  Make entitlement  to parental leave subject  to a 
period  of work qualification  and/or a length of 
service qualification  which  will not  exceed one 
year. 

• Adjust  conditions  of  access  and  detailed  rules 
for  applying  parental  leave  to  the  special  cir 
cumstances of adoption. 

•  Establish  notice  periods  to  be  given  by  the 
worker  to  the  employer,  specifying  the  begin 
ning and  the end of the period of leave. 

•  Define  the circumstances  in which an employ 
er  is  allowed  to  postpone  the  granting  of 
parental  leave  for  justifiable  reasons  related  to 
the operation  of the undertaking. 

• Authorise  special  arrangements  to  meet  the 
operational  and organisational  requirements of 
small  undertakings. 

The  Directive  provides  certain  guarantees  to 
ensure  that  workers  can  exercise  their  right  to 
parental  leave. Member States and/or social part 
ners  must  take  the  necessary  steps  to  protect 
workers  against  dismissal  on  the  grounds  of  an 
application  for,  or  taking  of,  parental  leave such 
as: 

• At  the  end  of parental  leave, workers  have the 
right  to return  to the same job or, if that  is not 
possible, to an equivalent  or similar job consis 
their  employment  contract  or 
tent  with 
employment  relationship. 

Moreover  Member  States  and/or  social  part 
ners are required  to  take  the  necessary  measures 
to  allow  workers  to  take  time  off  work  on 
grounds  of force majeure  for  urgent  family  rea 
sons,  such  as  in  cases  of  sickness  or  accident 
where  the  immediate  presence  of  the  worker  is 
indispensable. 

The Member States will have to implement the 
Directive  no  later  than  two  years  after  its adop 
tion. 

The  Directive  is silent  on  the  issue of  income 
during  the  period  of  leave.  The  Directive  will 
improve  upon  the  parental  leave  situation  in 
three  Member  States:  Ireland,  Belgium  and 
Luxembourg. 

OTHER ISSUES 

In  a  Community  based  on  law,  it  is  not  sur 
prising  that  attention  is  focused  on  principles 
concerned  with  the enforcement  of  Community 
law. Equality litigation is not the only mechanism 
whereby  equality  can  be  advanced.  Egalitarian 
policies  may  have  positive  effects  beyond  the 
scope of equality law concepts. 

Sexual  harassment 

The Commission  adopted  a Recommendation 
on the  Protection  of the  Dignity of Women  and 
Men  at  Work,  and  a  Code  of  Practice  on 
Measures to Combat Sexual Harassment in 1991. 
These  two  texts  may be viewed  within  the  con 
text  of European  social  policy  and  the  improve 
ment  of  living  and  working  conditions.  The 
Commissions  initiative  had  been  preceded  by a 
significant  Council  Resolution  on  the  subject,26 
by research  in  the  (then)  12 Member  States and 
by questions  raised  in  the  European  Parliament. 
the 
the 
Events 
Recommendation  and  the  Code  revealed  a 
heightened awareness of,  and activity around,  the 
problem  of  sexual  harassment  in  the  Member 

following 

adoption 

of 

"• Resolution  of  29.5.1990  OJ  C  157  of  27.6.1990  p.3. 

95 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

States. The  issue for  the period  of the late  1990s 
is the effectiveness  of this approach to the subject, 
its  use in  collective  bargaining  and  the extent  to 
which  it  is  applied.  As  part  of  the  Fourth 
Community  Medium-Term  Action  Programme 
the  Commission  announced  its  intention  to 
develop  a legal  instrument  to combat  workplace 
sexual harassment and to unite the social partners 
to  consider  their  role  in  such  a  process. At  the 
same  time,  the  Fourth  Action  Programme  on 
Health  and  Safety  at  Work  (1996-2001)  has 
identified  the  need  for  special  workplace  mea 
sures for women. Action 3 of the new health and 
safety  programme  provides  for  research  into  the 
extent  and  management  of  violence  inside  the 
workplace.  To  this  end,  the  Commission  has 
launched, on 24 July 1996, the first stage of con 
sultation  with  the  social  partners  on  the protec 
tion  of  the dignity  of women  and  men  at  work, 
which  was  completed  by  the  end  of  October 
1996. 

Burden  of  proof 

In  the  first  Medium-Term  Action  Programme27 
the  Commission  highlighted  the  link  between 
the ease of gaining access to information  and  the 
utilisation  of equality laws in the Member States. 
It  noted  the  disparity  of  the  burden  of proof  in 
litigation  across the Member States and  conduct 
ed  a  comparative  analysis  of  national  law  and 
procedures.  The  ensuing  report  recommended 
that  Community  action was necessary to formal 
ly  alter  the  burden  of  proof  in  equal  treatment 
cases.  This  issue  was  taken  up  in  the  Second 
Medium-Term  Community  Action  Programme 
(1986-1990)  and  in  1988  a Directive28 was pro 
posed by the Commission. However, the Council 
of Ministers could not reach an agreement on the 
text.  The  Commission  then  decided  to  consult 
the  social  partners.  The  first  consultation  stage 
was launched  on  5 July  1995 and  the second  on 
7  February  1996. In  the light  of the outcome of 
these consultations, the Commission  has decided 
to  submit  to  the  Council  a proposal  for  a direc 
tive  on  the  adjustment,  rather  than  the reversal, 
of the burden  of proof in cases of discrimination 
based on sex. The proposal will now be taken for 
ward  under  Social  Protocol  procedure.  It will be 
passed  to  the social  policy agreement  procedure, 
and  be  subject  to  the  second  stage  of  consulta 

tions conducted with the social partners, with the 
aim  of producing  a draft  Directive. At  a  confer 
ence in  Belfast  1-3  March  1996 the issues of the 
burden  of proof,  and  the application  of the  par 
tial  reversal  of  the  burden  of  proof  after  the 
Danfoss,29  Enderby30  and  Royal  Copenhagen" 
rulings, were shown to be problematic in a num 
ber of Member  States. 

Atypical  ivork 

The «European  Court  of  Justice  has  increased 
the  protection  afforded  to  part-time  work,  by 
recognising  that  certain  forms  of  unfavourable 
treatment of part-time work may amount  to indi 
rect sex discrimination.  Nevertheless, this protec 
tion is by no means complete. 

The  Commission  made  a  proposal  for  a 
Directive  to  increase  the  amount  of  protection 
afforded  to part-time workers on  a pro  rata basis 
with  full-time  work,32  but  this  proposal  was  not 
agreed  by  the  Council  of  Ministers.  The 
Commission  also  made  three  proposals  under 
three different  legal bases: one under Article  100 
EC  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  certain  employment 
regulations on working conditions (part-time and 
temporary  work),"  another  under  Article  100A 
EC relating to certain employment  contracts and 
employment  relationships  involving  distortions 
of competition  (part-time and  temporary work)y' 
and  a third  under Article  118a  EC  dealing  with 
health and safety aspects of temporary work. The 
latter  was adopted  on  25 June  1991, whilst  the 
other  two  proposals  are  now  being  considered 
under  the  Social  Policy  Agreement.  The  social 

17 COM(81)  758 final  of 9.12.1981. Brussels. 

" O JC  176 of 5.7.1988,  P.5. 

"Case  109/88 Handels-og-Kontorfunktionacrernes  Forbund 

i  Danmark  v  Dansk  Arbejdsgivcrforening  (acting  for 

Danfoss)  [1989]  ECR 3199. 

"Case  C-127/92 

Enderby  v  l-'rencbay  Area  Health 

Authority  [1993]  ECR 1-5535. 

31 Case  C-400/93  Spedalarbejderforbiindet  i  Danmark  and 

Dansk  Industri,  formely  lndustriens  Arbejdsgivere  acting 

for  Royal Copenhagen  AJS [1995] I-HCR  1275. 

» O JC  62 of  12.3.1982.  P.7. 

"  OJ  C 224 of 8.9.1992, p.4. 
14 O JC  224 of 8.9.1992, p.6. 

96 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

partners  engaged  in  negotiations  on  the  subject 
of  flexibility  of  working  time  and  security  of 
employment  during  1996. 

Public  Procurement 

On 

the  27th  of  November  1996, 
the 
Commission  adopted  a  Green  Paper  'Public 
Procurement  in  the  European  Union:  Exploring 
the Way Forward'.35 

The  Green  Paper  refers  to  the  possibility  of 
requiring the performance  of public procurement 
tenders to comply with  social obligations aimed, 
for  example,  at  promoting  the  employment  of 
women. 

The Green Paper invites all interested parties to 
give their opinion on the need for clarification  of 
public  procurement  Directives.  It  examines  the 
existing  potential  to  achieve  Community  and 
national  objectives  in  social  policy  through  the 
legal framework  of public  procurement. 

ENFORCEMENT 
AND  REMEDIES 

How  the  Community 
system ivorks 

litigation 

Community law obligations are imposed  upon 
the Member States, individuals and enterprises in 
a number of ways - through Treaty provisions, by 
Directives, and in forms such as Recommendations. 
In  many  respects  the  obligations  imposed  upon 
the Member  States are onerous.  Under Article 5 
EC  the  Member  States  are  bound  by  what  is 
called a 'fidelity' clause to ensure the maintenance 
of  the  obligations  arising  out  of  the  European 
Union Treaty and also to abstain  from  any action 
which  could  jeopardise  the  attainment  of  the 
objectives  of the Treaty. Community  law may be 
enforced  at  the  European  Union  level  through 
direct  actions brought  by.the Commission,  indi 
viduals,  enterprises  or  other  public  or  private 
bodies. Community  law may also be enforced  at 
the  national  level  by  the  use of  the  principles  of 
direct  and  indirect  effect,  and  damages  actions 

against  the  Member  States  under  the  principles 
laid  down  in  Joined  Cases  C-6/90  and  9/90 
Francovich  and  Bonifaci  v  Italy.36 This  case law 
has  been  further  developed  in  joined  cases 
C-46/93  and  C-48/93  Brasserie  du  Pêcheur37. 
The  result  is  a  complicated  web  of  legal  fora, 
national  and  Community  law  rights,  remedies 
and procedures which together create the unique 
and distinctive Community legal system. 

Direct  enforcement  by the 
Commission 

The  Commission  is  able  to  directly  enforce 
Community  law  before  the  Court  of Justice  in 
the event that national law fails to implement  or 
to implement correcdy the obligations contained 
in European Community law. The Commission's 
powers of enforcement  are laid  down  in Articles 
169  and  171  EC. The  Court  of Justice  has  the 
power to fine a Member State which fails to take 
the necessary measures following a finding by the 
Court that it is in breach of European  Community 
law.  Directives  enacted  by 
the  European 
Community  usually  require  the  Commission  to 
draw  up  a  report  on  its  application  by  the 
Member  States. These  reports often  produce  the 
information  required  to  determine  whether  or 
not a Member  State has implemented  the provi 
sions  of  Community  law  correctly.  Another 
source  of  information  is  complaints  from  indi 
viduals  to  the  Commission  and  to  MEPs. 
Pressure groups and  public bodies may also send 
complaints to the Commission. 

In  1995  the  Commission  investigated  four 
Member  States,  Belgium,  France,  Greece  and 
Italy,  on  the  grounds  that  they  had  failed  to 
remove  national  regulations  which  restricted 
night  work  for  women  in  a  manner  which  was 
incompatible with the Equal Treatment Directive 
76/207/EEC  and  the  Courts  case  law.38  An 
initiated  against 
infringement  action  was 
Belgium  for  its  failure  to  notify  measures  to  the 

•" To be completed 

'"[199I]  ECR 1-5357. 
l"[1996]  ECR I-1029. 

'" Case C-345  Stoeckel  [1991]  ECR  1  - 4047  p.89; Case C-

158  Levy  [1993]  ECR 1  -  4287  p.91 ;  Case  C-13  Minne 

[1994] ECR 1-371 p.93. 

::¥«:SiSJfc5SSft3S«8*S* 

97 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

BURDEN OF PROOF 

The Court of Justice has developed,  through  the following  cases, a settled case law on  the question  of the  bur 
den of proof in cases of indirect discrimination  in the context of equal pay. 

Case  109/88  Handels-og-Kontorfiinktionaerernes Forbund  i Danmark  v Dansk Arbejdsgiverforening  (act 
ing for  Danfoss)  [1989] ECR  3199. 

In this case, the Court ruled  that  the requirement for Member States to ensure that effective  means are available 
to ensure  the observance  of the principle of equal pay must  lead  to an  interpretation  requiring adjustments  to 
national  rules relating to the burden  of proof in specific situations where such adjustements  are essential  for  the 
effective  implementation  of the principle of equality. In a situation where there was a total lack of transparency, 
the applicants could only distinguish a difference  between average pay, and thus they would be deprived  of any 
effective  means of ensuring respect of the principle of equal pay before national courts. Thus the burden of proof 
had  to shift  to the employer to show that the pay practice was not  discriminatory. 

Case C-127/92  Enderby  v Frenchay Area Health Authority  [1993] ECR 1-5535. 

The Court ruled that where an employer applies a system of pay which is wholly lacking in transparency, it is for 
the employer to prove that the wages policy is not discriminatory, so long as it is established by a relatively large 
number  of employees  that  the average pay for  women  is less than  that  for  men.  It  is for  the  national  court  to 
assess whether or not it can take into account statistics showing that the pay of a group of female workers is lower 
than  the pay of a group of male workers. The national  court  must decide whether  the statistics are adequate  to 
cover individuals, whether  they cover purely fortuitous  or short-term  phenomena,  and whether  in general  they 
appear  significant. 

Case  Ç-400/93  Specialarbejderforbundet 
Arbejdsgivere acting for  Royal Copenhagen A/S  [1995] I-ECR  1275. 

i  Danmark  and  Dansk  Industri, 

fonnely 

Industriens 

The Court ruled that a finding that there is an average difference  in pay between two groups of workers of oppo 
site sexes is not sufficient  to establish discrimination between them. Prior consideration of the reasons for the pay 
disparity  may be considered. The burden  of proof to justify  the differences  would  transfer  to the employer  if it 
was not  possible to identify  the factors which determine the differences  in the base rate or unit  measurement of 
the pay. It is for  the national  court  to determine if the conditions for shifting  the burden  of proof are satisfied. 

98 

Commission  to  comply  with  the  ruling  of  the 
Court.3'  Under  this  ruling,  the  Court  found  a 
breach of Article  119 EC  by the maintenance in 
force of legislation rendering women over the age 
of sixty ineligible for  supplementary  redundancy 
allowances, though  they were payable to men  up 
to the age of sixty-five.  Infringement  proceedings 
against  France, which commenced  in  1990, con 
tinue  whereby  it  is  alleged  by  the  Commission 
that  France has  failed  to  take  appropriate  action 
to comply with  the  ruling  of the Commission  v 
France case.40 Under  this ruling  the Court  found 
that  certain  collective  agreements  which  con 
ferred  benefits  upon women were contrary to the 
Equal Treatment  Directive and did not satisfy the 
conditions  for  positive  action  found  in  Article 
2(4) of that Directive. The Commission suspend 
ed infringement  proceedings  against six Member 
States'" for  failure  to  notify  the  national  imple 
menting measures to comply with the obligations 
contained  in  Council  Directive  86/378/EEC.  It 
was accepted  that  there were genuine  difficulties 
in transposing this Directive following  the ruling 
of the Court  in Case C-262/  88 Barber v GRE.42 

Preliminary 

ridings 

A  national  court  may  suspend  proceedings 
when an issue of the interpretation  or validity of 
European  Community  law  is  raised  and  seek a 
ruling  from  the  Court  of  Justice  under  Article 
177 EC and every Court  of Last Instance should 
do  so.  This  procedure  has  made  the  biggest 
impact  on  Community  law  on  equal  opportuni 
ties  and  has  provided  the  vehicle  whereby  the 
Court  of  Justice  can  develop  Community  law 
principles.  In  practice  not  every  Court  of  Last 
Instance  makes  Article  177  references:  it  may 
decide that the point of Community  law is suffi-

"Case  C-173 Commission  v  Belgium  [1993]  ECR  I -  673 

p.91. 

'"Case 312 Commission  v France  [1988]  ECR 3559 p.86. 
41 Belgium,  Denmark,  Greece, 

Italy,  Luxembourg, 

Netherlands. 

41 11990J  ECR  1889.  Note  that  on  28  September  1994  the 

Court  delivered  six preliminary  rulings on  the scope of the 

Barber ruling. The  Commission  has sent a proposal  to the 

Council  of  Ministers  for  an  amendment  of  Council 

Directive 86/378/EEC  COM(95)  186 final  of  16.5.1995. 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

EFFECTIVE 

REMEDIES 

Case  14/83  Von  Colson  and  Kamann  v 
Nordrhein-  Westfalen  [1984]  ECR  1891. 

land 

The  Court  established  that  national  remedial  processes 
should  be subject  to  a principle  of  effectiveness43. 

222/84 

Case 
Constabulary  [1986]  ECR  1651. 

Johnston 

v  Royal 

Ulster 

The  court  established  that  effective  judicial  protection' 
was a fundamental  principle  of Community  law. 

Case  68/88  Commission  v  Greece  [1989]  ECR 
2964. 

The  Court  endorsed  the  view  that  three  basic  principles 
must  be  observed  in  providing  remedies  for  a  breach  of 
Community  law: 

•  comparability 

•  effectiveness 

•  proportionality 

These  were  explained  in  the  Commission's  Notice  of 
[1990]  OJ  C147/3. 

Case  C-213/89  Factortame  [1990]  ECR  2433. 

Here  the  Court  ruled  that  any  provision  of  a  national 
legal system  and  any legislative, administrative  or  judicial 
practice  which  might 
the  effectiveness  of 
impair 
Community  law must be set aside by the  national  courts. 

41 Effectiveness  means  that  the  remedy  properly  compensates  the  applicant 

for  the harm/loss suffered  as a consequence of a breach of law. 

99 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

ciently  clear  or  not  decisive  in  terms  of  the dis 
pute  before  it.  It  is  always  open  for  a  national 
court  to  ask  the  Court  a question  on  a point  of 
Community law which has already been decided. 
For example,  the German  Federal  Labour  Court 
referred  questions  to  the  Court44  which  had 
the  case  of 
already  been  considered 
Arbeiterwohlfahrt  der Stadt  Berlin v Botel.45 

in 

CURRENT STATE OF 
COMMUNITY 
LAW REMEDIES 

The  development  of  Community  law-based 
remedies  and  procedures  has  taken  place  in  the 
judicial  rather than the legislative forum. A num 
ber  of  Directives  do  contain  provisions  for  the 
enforcement  of Community  law rights but  these 
usually  are  dependent  upon  national  law  and 
principles.  Initially  the  Court  of  Justice  took  a 
minimalist  stance  towards  procedures and  reme 
dies. The enforcement  of Community law was to 
be left  to national processes subject  to two condi 
tions: 
• A principle  of non-discrimination:  Community 
law rights had to be enforced  to an extent equiv 
alent  to  the  way  comparable  national  rights 
would be enforced. 

•  Enforcement  of Community  law rights should 

not  be impossible or excessively  difficult. 

The  Court  has  gradually  changed  its  position 
and has now asserted greater jurisdiction over the 
question  of 
the  principles  upon  which 
Community  law must be enforced  in the nation 
al courts. However, the Court  is seeking to main 
tain  a  balanced  perspective  -  best  described  by 
Advocate General Jacobs in the Peterbroeck case:4'' 

'The  case-law  of  the  Court  in  this  area estab 
lishes  a  balance  between,  on  the  one  hand,  the 
need  to  respect  [the] autonomy  [of the legal sys 
tems  of  the  Member  States] and,  on  the  other 
hand,  the  need  to ensure  the effective  protection 
of Community  rights in the national courts.' 

100 

At  a  conference  organised  and  supported  by 
the  Commission,  in  Belfast,  Northern  Ireland 
(UK)  on  1  and  2  March  1996,  the  subject  of 
equality strategy and  litigation  was examined  by 
legal experts from  the fifteen  Member States. The 
conference addressed the practicalities of utilising 
equality concepts in the judicial process as well as 
in  the  political  and  labour  market  spheres.  The 
conference  noted a number of difficulties  in legal 
enforcement  procedures and  remedies in  relation 
to  rights. The  need  for  clarity  in  applying  legal 
concepts  and  developing awareness  of  European 
law were considered. 

Over the years the Court has evolved a number 
of  principles  applying  to  the  procedures  and 
remedies which are the guarantees to the  effective 
enforcement  of Community law rights. Not all of 
the  cases  in  which  these  ideas  were  evolved  are 
equality  law  cases  but  a  great  number  are.  The 
Court's case-law on remedies in the field of equal 
opportunities  can  be  organised  around  four 
themes: effective  remedies; access  to justice; time 
limits;  the  burden  of  proof  and  remedies  and 
sanctions. 

44 Case  C-457/93  Kuartorium 

liïr  Dialyse 

und 

Nierentransplanration  E. V. v Ix-wark, Judgement  ol 6.2.1996 

nyr. 

44 Case C- 360  [1992]  ECR  1- 3589  p.l. 
"C-62/93  SCS  Peterbroeck.  Van  Campenhout  &  Cie  v 

Belgian State. 11995] ECR 1-4599. 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

TIME LIMITS 

In  Case  208/90  Emmott  v Minister  For  Social Welfare46  the  Court  ruled  that  national  time  limits  for 
commencing  litigation  should  not  begin  to  run  until  a Member  State  has  implemented  fully  and  cor 
rectly the provisions of a Directive. 

However,  the scope of this ruling has been  curtailed  in a number  of subsequent  cases where we see the 
balancing act being carried out  by the Court  of Justice in observing national  procedural  autonomy.  For 
example,  in  Case  C-62/93  BP Super  Gas v Hellenic  Republic  [1995]  ECR  1-1885,  the  Court  allowed 
Greek limitation periods to apply where a Directive on tax harmonisation  did not contain  any limitation 
periods, provided certain  principles of Community  law were observed. 

In  Case C-312/93  SCS  Peterbroeck, Van  Campenhout  & Cie v Belgian  State  [1995]  ECR,  the  Court 
rejected  the  idea that  a national court was under  a duty under  Community  law to set aside a provision 
of national law which was incompatible with Community law when the Community  law issues had  not 
been  raised  in  legal  argument  by  the  applicant  within  the  short  time  limit  of  60  days  prescribed  by 
national  law. In  this case, however,  it was accepted  that, whilst the 60 day period  was not  objectionable 
per se, the rule was unlawful  given the following  special features  of the procedure  in  question: 

• The court  concerned  (the Cour d'Appel)  was the first court able to seek a reference  from  the Court of 

Justice. 

• The rule prevented  the Cour d'Appel from  raising its own motion at the hearing of the question of the 

compatibility of the contested  measure, since the 60 day period had elapsed. 

• No other court or tribunal  could consider  that question. 

• The  rule preventing points being raised by a court of its own motion was not reasonably justifiable  by 

principles such as the requirements for  legal certainty or the proper conduct  of procedure. 

In  Case  C-338/91  Steenhorst-Neerings.  [1993]  ECR  '5475  and  Case  C-410/92  Johnson  v  Chief 
Adjudication  Officer,  the Court  again allowed Member  States to impose national  rules on  the period of 
time during  which  any back-dating  of compensation  was payable  provided  that  the  national  rules were 
not a bar to actions based on Community rights and the rules were comparable to rules in domestic law. 

In  Case  C-128/93  Fisscher v Voorhuis  Hengelo  BV [1994]  ECR  1-4583 and  Case  C-57/93  Vroege v 
NCIV voor Volkliuisvesting BV [1994] ECR 4541,  the Court  found  that certain  pension  arrangements 
were contrary  to Article  119 EC, but  allowed  the Member  States' rules to stand which  limited  retroac 
tive  access  to  such  schemes  only  to  women  who  had  paid  contributions  to  the  schemes.  In  Case  C  -
200/91  Coloroll Pension Trustees Ltd v Coloroll Group pic and Others  [1994] ECR I - 4389, the Court 
states that  national  rules will determine damages liability for  breach of Article  119 EC by private parties. 

il991]  ECR 4269. 

vttMsaast 

101 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

REMEDIES  AND 

SANCTIONS 

In addition to access to justice, the Court of Justice has ruled that Article 6 of the Equal Treatment 
Directive requires the provision of effective  remedies. This is illustrated in the following cases: 

Case  14/83  Von Colson  and  Kamann  v  Land  Nordrhein-Westfalen 

[1984]  ECR  189  L 

In this case the Court pointed out that Article 6 of the Equal Treatment Directive did not prescribe 
specific sanctions but left the Member States a discretion to choose different solutions. However, the 
Court did rule that where a Member State chose to penalise the breach of the prohibition of discrim 
ination  by the award of compensation,  that compensation  must in any event be appropriate  to the 
damage sustained. Thus the award of a purely nominal amount would, not satisfy the requirements of 
the Directive. 

Case  152/84 Marshall  v Southampton  and  South  West Hampshire  Area  Health  Authority 
(Teaching)  [1986]  ECR  723. 

The Court ruled that the forced retirement of a female employee at the age of 62, when a man in a 
similar position could continue working until the age of 65, was a breach of Article 5(1) of the Equal 
treatment Directive. When the case returned to the national courts, the national courts were faced with 
a statutory limit on the amount of compensation which could be awarded. It was not possible to award 
interest on the amount of compensation, despite the long delay between the initiation of the case and 
the national courts decision. The Court was asked if a Member State could fix a ceiling on the amount 
of damages available for a breach of the equal treatment directive and refuse to award interest on that 
sum. The  Court  ruled that, where a Member State had chosen  to  implement  the  aims of the equal 
treatment Directive by means of compensation, the award must be adequate in that it must enable the 
loss and damage actually sustained as a result of the discriminatory dismissal to be made good in full 
accordance with the national rules. 

Case C-200/91  Coloroll  Pensions  Trustees Ltd  v Russell  et  al  [1994]  ECR  1-4389. 

The Court of Justice ruled that the trustees of a pension scheme must do everything within the scope 
of their powers to  ensure compliance with  the principle  of equal  treatment,  by using all  the means 
available to them. If necessary, they should resort to the courts to alter the terms of the trust deed estab 
lishing the pension scheme. 

102 

ENABLING  WOMEN TO EXERCISE THEIR  RIGHTS 

TABLE 29 

-

LEGAL CASES 

BELGIUM  DENMARK  GERMANY 

IRELAND  NETHERLANDS  UK 

FRANCE 

ITALY  LUXEMBOURG 

IWMWl 

Qgfgggrjgjjgg 
1971 
1975 
1978 
1980 
1981 
1982 
1984 
1986 
1988 
1989 
1990 
1991 
1992 
1993 
1994 
1995 
1996 
Total 

1 
1 
1 
1 
1 
7 
1 
1 
16 

Article  169 IX. Actions on Ariidc  11')  ÏÇ 
1983 
1985 
1993 

1 

1 

Total 

1 

1 

ftlllBlli^l^ll'lilirllllliHUr/mtilM/ilM 
1983 
1985 
1988 
Total 

1 

1 

231 

ammmmmm HlMliJl EBBBBDS 

1991 
Total 

1984 
1986 
1990 
1991 
1992 
1993 
1994 
1995 
1996 

Total 

1 

1 

1 

1 

3 

1 
1 
1 

6 

m*mvk**+m*MmimMmmmMmmvvm*m 
1982 
1986 
1987 
1988 
1989 
1991 
1992 
1994 
1995 
Total 
GraadToUl 

ii:2*| 

1 
1 
2 
1 
7 

7 
l is 

1 
1 
Source:  EC J and CELEX 

103 

ENABLING WOMEN TO EXERCISE THEIR RIGHTS 

TRAFFICKING IN WOMEN 

In a number of Member States, the sex industry is increasingly using and exploiting foreign  women  recruited  in 
Central and Eastern  Europe, as well as in developing countries. The women drawn into these networks are in a 
vulnerable  position  in  economic, social  and  political  terms  and  find  themselves  in  a  relationship  of  unequal 
strength in the face of what are in effect  organised criminal' enterprises. Moreover, trafficking  in women for the 
purposes  of sexual  exploitation  is becoming an  increasingly significant  form  of irregular  immigration  into  the 
countries of the European  Union: the fact  that women living in this way in the European  Union have no legal 
status makes any defence of their rights uncertain. 

Trade in women for the purposes of sexual exploitation is, in any case, incompatible with the fundamental  prin 
ciples inherent in human rights, as expressed in the preamble to, and in Article  1  of the Universal Declaration of 
Human  Rights,48 and also in the preamble to the Declaration on the Elimination of Violence Towards Women." 
Respect for human  rights and the fight against violence directed  towards women featured  in the Declaration  of 
the Beijing platform  adopted at the United Nations Fourth World Conference  on Women  in  1995. 

Following a European  Union  initiative, led by Commissioner Gradin, a conference was organised  in Austria, on 
10 and  11 June  1996, with  the cooperation  of the  International  Organisation  of  Migration. The  problems of 
trafficking  in women  were approached  from  the angle of it being a breach of human  rights, from  the  angle of 
violence towards women and from  the angle of  organised crime'. To unravel the complexity of the problems, the 
exchanges of experience were centred  around  four  workshops,  the themes of which were  intended  to  form  the 
main  lines  of  a  Communication  from  the  Commission  to  the  Council. These  themes were  immigration,  law 
enforcement  and police cooperation, legal aspects and social policy. 

In terms of social policy, the recommendations put forward  by the experts from  the Member States and the spe 
cialist  organisations  attending  the conference  were geared  towards practical  solutions. Solutions were  favoured 
which  take  into  account  the structural  reasons for  trafficking  in women  (social  exclusion  in  countries  in eco 
nomic transition and in developing countries, inequality, responsibility of traffickers  and clients). Consideration 
was given to  levels of  intervention  appropriate  to the respective areas of authority  of the  European  Union,  the 
Member  States, civil society and NGO's. The  necessity of a multidisciplinary  approach  to  the problems  and a 
commitment  at  the  level  of  Member  States  was  strongly  emphasised.  The  active  involvement  of  several 
Commissioners in establishing coordinated measures to safeguard  the conditions for a healthy exercise of democ 
racy, is indicative of the existence of political will at institutional level. 

The Commission has adopted, on 20 November  1996, a Communication on trafficking  in women50 for the pur 
pose of sexual exploitation,  in which  it states that all EU institutions and  the Member States must continue  to 
play an active part in order to put an end  to the increasing and serious problem of trafficking  in women. 

Furthermore, a group of experts has been set up by the Commissions  Directorate General  for Science, Research 
and  Development  to work on the socio-economic problems of trafficking  in women. A workshop will be organ 
ised  in  1997, to focus on the links between  trafficking  and social exclusion. 

"Universal  Declaration  of Human  Rights, United  Nations, General Assembly,  10.12.1948. 
"Declaration on  the Elimination  of Violence Against Women, United Nations General Assembly, December  1993, A/RES/48/104. 
MCOM(96) 567 final of 20.11.1996 

104 

ENABLING  WOMEN TO  EXERCISE THEIR  RIGHTS 

THE VIENNA DECLARATION ON TRAFFICKING IN WOMEN 

Considering that trafficking  in, and sexual exploitation  of,  human  beings are permanent violations of 
fundamental  human rights, 

Considering the unanimous vote on the draft  Resolution against traffic  in human  beings taken by the 
European Parliament in January  1996 in Strasbourg, 

Encouraged  by the  initiative  of Madame  Gradin,  Commissioner,  in  holding  a European  Conference 
on trafficking  in women  in Vienna on  10 and  11 June  1996, 

The representatives of the signatory NGOs have decided  this day to create a 

EUROPEAN  COORDINATION  OF  NGOs  AGAINST  TRAFFICKING  IN  AND  SEXUAL 
EXPLOITATION  OF HUMAN BEINGS 

Its priority objective  is to present to the European authorities initiatives and proposals to facilitate  the 
development  of joint  action  and specific  projects between  agents capable of contributing  to  the joint 
effort  of fighting  against the traffic  in, and sexual exploitation of,  human beings. 

On  this day,  11 June  1996, in Vienna, this European coordination  brings together: 

•The  Coalition  against  trafficking  in  Women  (European  Regional  Department),  la  Federation 
Internationale  des  Ligues  des  Droits  de  l'Homme  (International  Womens  Commission),  la 
Fédération Européenne pour la Disparition de la Prostitution, la Coordination Belge des associations 
de Payoke (Saralek, Stratelis, Stoppers and Asmodee), Coordinamento servizi Caritas contro lo sfrut-
tamento  délia prostituzione, Italia. 

Source: Extract  from The  Declaration  of Vienna  1996. 

105 

CHAPTER 6 

THEADVANCES 
OF BEIJING 

Sïfc^iKÏSKftWa 

THE BEIJING PREPARATORY 
PROCESS 

The  First  United  Nations  World  Conference 
on Women was held  in Mexico City in  1975. It 
was  followed  by  the  UN  Decade  for  Women: 
Equality,  Development  and  Peace,  designed  to 
give impetus to national governments' actions to 
improve  women's  rights  and  opportunities.  The 
Second and Third World Conferences  took place 
in Copenhagen in  1980 and Nairobi in  1985. 

The  Fourth  World  Conference  was  called  to 
assess the implementation,  throughout  the  UN's 
Member  States,  of  'Forward  Looking  Strategies 
for  the  Advancement  of  Women  to  the  Year 
2000',  a text which  had  been  agreed  at  Nairobi. 
It formed,  therefore, an important  step in a con 
tinuous  20  year  process  of  integrating  gender 
equality into society. 

The  Forward  Looking  Strategies'  consisted  of 
372  paragraphs  of  recommendations  for  action. 
They were designed to bring about real and ben 
eficial  change  in  the  position  of  women  in  the 
world.  However, very many of those involved  in 
women's rights and equality between women and 
men were disappointed at the extent to which the 
Forward  Looking  Strategies  were  implemented 
nationally  and  internationally.  The  UN  carried 
out  an  evaluation  of  the  Forward  Looking 
Strategies  in  1990.  The  overall  impression  was 

' New York United Nations, 1986 (A/CONF.l 16/28/REV.l). 

107 

THE ADVANCES OF BEIJING 

that  there had been an increase in awareness and 
discussion of womens issues globally, but that the 
amount  of  change  and  improvement  had  been 
disappointing and that  there was a sense of stag 
nation.  It was therefore  agreed that  there should 
be another World  Conference  to review progress 
since  1985 and to set out new commitments and 
strategies  for  the  future.  Twelve  crucial  areas of 
concern were identified  within the overall  frame 
work of the themes of the earlier world women s 
conferences  and  the  UN  decade  of  women, 
namely equality, development and peace. 

Developments  at  European 
Union  level 

In  the  European  Union  too,  there  have  been 
expressions  of  disappointment  at  the  level  of 
progress  achieved.  Womens  pay,  for  example, 
remains stubbornly lower than men's; issues such 
as  job  segregation,  sexual  harassment,  and  the 
reconciliation  of work  and  family  life,  continue 
to present real difficulties.  But there are improve 
ments  and  achievements  to  celebrate  as  well. 
Both  at  Member  State  and  at  European 
Community  level, important  new equality legis 
lation  has been passed. Attitudes towards equali 
ty  issues  have  improved  overall. The  need  for  a 
gender  dimension  in  cooperation  development 
has  been  recognised.  The  promotion  of  human 
rights  was  incorporated  into  the  Treaty  on 
European  Union  and  has  become  one  of  the 
main prerequisites for membership of the Union. 
NGOs  have  grown  in  sophistication  and  influ 
ence, representing grassroots women's issues more 
directly  than  ever before. The second2 and  third3 
action  programmes  for  equal  opportunities, 
together  covering the period  1985-1995»  give an 
overview  of  the  Community's  priorities  in  the 
decade since Nairobi. Many activities carried out 
under  the  action  programmes  implement  the 
Forward  Looking  Strategies,  prioritised  to  suit 
the particular circumstances of the Community. 

with other important  conferences,  namely  those 

in: 

•  Rio in 1992 on environment and development; 

• Vienna in  1993 on human  rights (with  its cat 
egorical  and  inspiring  declaration  that  the 
human  rights  of  women  are  an  inalienable, 
integral and indivisible part of universal human 
rights'); 

• Cairo in  1994 on population and development 
(emphasising the right  of individuals  and  cou 
ples  to  decide  freely  and  responsibly  on  the 
number, spacing and timing of their children); 

• Copenhagen in March  1995 on social develop 
ment (acknowledging that sustainable econom 
ic development  cannot  be secured without  the 
full  participation  of women). 

At each of these conferences  there were increas 
ingly  significant  references  to  gender-specific 
considerations.  Many people involved  in  prepar 
ing  for  Beijing  were  keen  that  these  advances 
should  be reflected  in this key event  for  women. 
More  than  merely  reflected,  there  were  strong 
lobbies  to  extend  the  increased  visibility  of 
women  and  women's  rights.  As  it  turned  out, 
there were also some efforts  at  Beijing  to  reverse 
certain  of  the  advances  of  these  earlier  confer 
ences.  The  European  Union  played  its  part  in 
resisting these efforts  and  in building on  the sta 
tus quo. 

The preparatory  process 

The preparation  for  the conference  centred  on 
the regular meetings of the UN's Commission on 
the  Status  of  Women  in  New  York.  At  each  of 
these,  Member  States  of  the  European  Union 
held  daily coordination  meetings  under  the rele 
vant  Presidency  to  discuss  the  Unions  negotiat 
ing stance on  the draft  Platform  for Action. The 
European  Union,  both  at  the  preparatory  stage 
and  at  the  conference  itself,  formed  one  of  the 
major  and most significant  negotiating groups. 

Building  on  the achievements  of 
other  recent world conferences 

Throughout  the  preparatory  period  and  still 
more  during  the  conference,  there  was  a  sus 
tained  attempt  to  link  the  Beijing  conference 

1 Commission  of 

the  European  Communities.  Equal 

Opportunities  for  Women  Medium-Term  Community 

Programme  1986-1990,  Bulletin  of the  EC 3-1986. 

'Third  Medium-Term  Community  Action  Programme  on 

Equal Opportunities  Between Women and Men, COM  (90) 

449 final of 6.11.1990. 

108 

THE ADVANCES OF BEIJING 

The Commission prepared (i) a working paper 
of the services of the  Commission  regarding  the 
participation by the European Union in the con 
ference4 in July  1994 (ii) a second working paper 
on the same subject5 in February  1995 and (iii) a 
Communication  to  the  Council6  in  May  1995 
(see below). Each of these documents laid out the 
Community's  priorities  for  action  in  the field of 
equal  opportunities  and  gender  equality  both 
within the Union and outside, in its development 
co-operation  and  human  rights  activities.  They 
also  referred  to  the  'acquis',  the  existing body of 
legislation  and  other  commitments  in  each  of 
these areas. 

Community  prio?'ities 

for  the Beijing  Conference 

The  Communication  to  the  Council  A  new 
partnership  between  women  and  men:  equal 
sharing  and  participation',6  adopted  on  29  May 
1995,  outlined  the  work  of  the  European 
Community  in  equal  opportunities  and  gender 
equality  to  date.  It  highlighted  as  Community 
priorities for  the World  Conference: 

•  Human rights; 

• Women  as dynamic actors; 

• Women  in  decision-making; 

• Women  in the economy; 

• Poverty and  exclusion; 

• Other  crucial  gender  gaps  (that  is gender  dif 

ferentials  in health, literacy, education). 

A strong emphasis in  the Communication was 

on  mainstreaming: 

'Policies  and  measures  aimed  at  promoting 
gender  equality  and  improving  women's  status 
will not have the necessary impact unless specific 
measures are also introduced  to ensure that a gen 
der  perspective  is mainstreamed  in  general  poli 
cies relating to all spheres of society.' 

It also stressed  the development  of a new rela 
tionship  between  women  and  men  in  society: 
The  Community  must  seize  this  opportunity 
provided  by  the  Beijing  Conference  to  prove  its 
determination  to  continue  taking  a vital  lead  in 

the  advancement  of  women  world-wide  and 
securing  a  transformed  partnership  between 
women and  men based on  equality and  empow 
erment'.  These  themes  continued  to  underpin 
the Community's contribution to the preparation 
and to the conference itself. In fact, it was thanks 
to  the  European  Union  that  a  paragraph  on 
mainstreaming  was  included  in  each  of  the 
Platform  for  Action's  Strategic  Objectives  and 
Actions. A most  interesting debate is now  going 
on  internationally  and  nationally  as  to  the  real 
meaning of  mainstreaming', how far  it  excludes 
or includes positive actions, and how it relates to 
concepts of an all-pervading  gender dimension'. 

The  Communication  addressed  this  issue  in 
the context of development cooperation. It states 
that  'the  Community's  policy  and  practice  is  to 
mainstream  a gender  perspective  throughout  its 
development  cooperation.  The  aim  is  to  ensure 
that  its  activities  in  this field are  responsible  to 
local  women's  needs  and  priorities,  that  women 
benefit  equally to men, and that  they can partic 
ipate  fully  in  the  design  and  implementation  of 
development  projects. This does not  exclude  the 
need  to  take specific  large-scale action  in  favour 
of women where necessary, particularly to address 
serious gender gaps'. 

The  Community  recognises  that  effective 
development  cooperation  needs  the  full  partici 
pation of women as well as men. This is not least 
because women  play a vital  role in  the  economy 
although  it has historically been  unrecognised. 

The  Communication  also  emphasised  the 
Community's  commitment  to  human  rights.  It 
defined  them as 'fundamental rights that  include 
the right  to participate  fully  as equal  partners  in 
all  aspects  of  life  and  'the  keystone  of  equality 
between women and men'. Human rights for  the 
Community extend to the promotion  of equality 
and  the fight against gender-based  violence, dis 
crimination  and  sexual  exploitation  both  within 
the  European  Union  and  in  its  relations  with 
countries  outside  the  Union.  A  clause  defining 
democratic  principles  and  human  rights  as  an 

4SEC(94)  1373 of 28.7.1994. 

4 SEC(95) 247 of 10.2.1995. 

'COM(95)  221 of 29.5.1995. 

109 

THE ADVANCES OF BEIJING 

essential  element' was introduced  in  1992 in all 
agreements concluded with developing countries. 

The Toledo  Conference 

The  Commission  in  cooperation  with  the 
Instituto  de  la  Mujer,  (the  national  equality 
agency  in  Spain), held  a consultative  conference 
in Toledo  in April  1994.  Its  aims were  to assess 
developments  in  the  Union  in  the  previous  ten 
years,  to  take stock  and  evaluate  what  had  been 
achieved,  to  draw  out  the  common  threads  and 
to  make  proposals  for  the  future.  Working  ses 
sions covered: 

• Women  in the economy; 

• Women in public life; 

• Women  and  solidarity  (that  is  solidarity  in 
European society and solidarity with women in 
other countries). 

Delegations  from  the  Member  States  and  the 
(then)  acceding countries met along with MEPs, 
a  wide  range  of  equality  experts,  representatives 
from  international  organisations  and  delegates 
from  Eastern  and  Central  Europe.  An  NGO 
Forum was held in parallel with  the conference. 

Regional Preparatory  Conferences 

During  the  course  of  1994,  five  regional 
preparatory  conferences  were  organised  by  the 
respective UN  regional  commissions; by ESCAP 
(Asia  and  the  Pacific)  in  Djakarta;  by  ECA 
(Africa)  in  Dakar; by ESCWA (Western Asia) in 
Amman; and by ECLAC (Latin America and  the 
Caribbean)  in Mar del Plata, Argentina. 

The  High-Level Regional Preparatory Meeting 
of the Economic Commission for  Europe (ECE), 
including North America and Israel was the rele 
vant UN  regional meeting for the Member States 
of  the  European  Union.  It  was  held  in  Vienna 
from  17-21 October  1994 and  produced,  as did 
the other regional meetings, its own regional plat 
form  for action7 designed to reflect  the particular 
priorities  of  the  region. The  priorities  identified 
by the ECE region were: 

• The promotion  of womens human rights; 

• The alleviation  of womens poverty; 

• The promotion  of womens contribution  to the 

economy; 

SPANISH  MINISTER 
CRISTINA  ALBERDI 
SPEAKING IN  BEIJING: 

'STRENGTHEN  T HE 
EUROPEAN  C O M M I T M E N T' 

Cristina  Alberdi  Alonso,  Minister  for 
Social  Affairs,  delivered  a  statement  on 
behalf  of  the  European  Union  on  15 
September  1995. She  spoke  of'a  crucial 
moment  of  historical  significance  for 
women  (in  which)  equality  between 
women  and  men  is  essential  to  the 
advancement of society and both a matter 
of  justice  and  a  condition  for  develop 
ment.'  She called  for  a  new  gender  con 
tract  and  a  new  kind  of  mutual  under 
standing  at  public  and  private  level 
between  women  and  men'  and  empha 
sised  that  'the  European  Union  has  long 
been  committed  to  equality.  However, 
this  Conference  provides  the  impetus  to 
restate and strengthen  that  commitment.' 

• Equality of treatment between female and male 
workers; reconciliation  of work and  family  life; 

• Gender-specific  statistics and  research; 

• The  promotion  of  solidarity  within  and 
between  regions  and  increased  participation  of 
women  in public life. 

Final preparation at the UN level 

The UN Commission on the Status of Women 
met  as  a  Preparatory  Committee  (PrepCom)  in 
New York  from  15  March  to  7 April  to  discuss 
the  draft  Platform  for  Action  for  adoption  in 
Beijing. The  conference  secretariat  had  prepared 
this,  based  on  earlier  meetings  of  the  CSW,  the 
five  regional  preparatory  conferences  and  the 

7 Vienna: United Nations ECE  1994  (E/ECE/RW/HLM/18). 

110 

THE ADVANCES OF BEIJING 

COMMISSIONER 

PADRAIG  FLYNN: 

'PARTNERSHIP 
AS A KEY WORD' 

Speaking on behalf of the European 
Union  at  Beijing,  on  6  September 
1995,  Commissioner  Padraig  Flynn 
opened  blundy  with  the  statement 
'Progress  towards  equality  has  not 
been  as  great  as we  hoped  when  we 
adopted 
the  Nairobi  Forward-
Looking  Strategies.'  Like  Cristina 
Alberdi,  Mr  Flynn  emphasised  the 
idea of partnership  and a new gender 
relationship,  saying  that  'This  part 
nership  entails equal  rights and  equal 
sharing  of  both  power  and  responsi 
bility.  It  requires  the  respect  of 
women's fundamental  rights, their  full 
and  equal  participation  in  the  deci 
sion-making process in the public and 
private  domains  and  their  economic 
empowerment.' 

He  returned  to  these  themes  when 
addressing  the  European  Women's 
Lobby's  Plenary  at  the  NGO  Forum 
in Huairou, describing  partnership' as 
the key word of the event; partnership 
through  equal  rights  for  women  and 
men;  partnership  between  women 
and  men;  between  public  bodies  and 
NGOs; among decision-making  bod 
ies;  and  between  the  South  and  the 
North. 

resulting  Platforms  for  Action,  national  reports 
and  the many consultative  and expert meetings 
held  around  the world.  It proved  impossible to 
reach  agreement  on  some  issues  in  the  draft 
Platform  and an informal  consultation was held 
at  the  UN  from  31 July  to  4 August  to make 
progress on these issues. There were another two 
days of informal  discussion  in  Beijing immedi 
ately before the conference. 

Preparations  for  Beijing 

at  Member  States 

level 

The  Member  States had  formed  committees, 
often several years earlier, to oversee the prepara 
tion for the conference. Each varied according to 
local priorities, but  typically a committee would 
involve some or all of the following: 
• The  relevant  government  departments  (social 
affairs/women's  rights,  foreign  affairs/develop 
ment cooperation, employment, education); 

• Parliamentarians at national and regional level; 

• Equality agencies; 

• NGOs; 

• The social partners; 

• Women well-known in society. 

As well  as these groups  being  formally  repre 
sented  in  the  national  preparatory  process, 
Member States carried  out widespread consulta 
tion  of NGOs  - over  600 were involved  in the 
Netherlands, for example. 

At the request of the UN, each Member State, 
including  of  course  the  Member  States  of  the 
European Union, produced  a national report on 
the situation  of women  as seen by the national 
government.  Together,  these  reports  form  a 
unique collection of statistics and other informa 
tion on women at the end of the twentieth cen 
tury. 

In  the  European  Union,  some countries pro 
duced interesting publications (as well as the for 
mal national report). For example: 
• The  Swedish  government  published  'Men on 
men',  eight  Swedish  men's  personal  views on 
equality, masculinity and parenthood; 
• Austria (and many others) extracted key statis 
tics  from  the  national  report  and  published 
them as 'Women in Austria, 1985-1995'; 

Ill 

THE ADVANCES OF  BEIJING 

m$m%em&m<i$'4mmm&im:Mx. 

THE  PLATFORM  FOR  ACTION 

The Platform  for Action8 contains some 360 paragraphs. It is prefaced  by a political Declaration 
in which governments commit themselves to implementing the Platform,  highlighting  particu 
lar areas. 

Chapter  1 takes  the  form  of a Mission  Statement  describing  the  Platform  as  an  agenda  for 
womens  empowerment' and  highlights  the  issues of human  rights, partnership  with  men  and 
the need for  concerted action and strong commitment. 

The  next  chapter  is  the  Global  Framework  It  describes  developments  in  the  period  since 
Nairobi and the problems and challenges that remain, in the context of the wider  international 
situation. 

Chapter  3, the  Critical Areas of Concern, lists the  12 areas that  form  the basis of the core of 
Chapter 4, Strategic Objectives and Actions. 

The chapter on Strategic Objectives and Actions details the key actions which the  conference 
agreed should  be undertaken  by a range of players, including  national  governments  and  inter 
national agencies. Although it is difficult  to summarise such a dense and detailed document, the 
following is a very brief outline. 

Section A: Women and poverty. Discusses the féminisation  of poverty and calls for,  inter alia, 
adequate social security provision;  the use of a gender  perspective  in economic  policy-making; 
new and additional resources for women in poverty; a reduction in the negative impact of struc 
tural adjustment  programmes; protection  of the rights of migrant women  and other vulnerable 
groups of women. 

Section  B: Ensure  equal  access  to  education.  Calls  for  the  elimination  of  discrimination  in 
education;  universal  access  to  primary  education;  the  eradication  of  illiteracy  among  women; 
better access to training and re-training; the allocation of adequate resources to improve educa 
tion for women. 

Section  C: Women  and health. Consolidating  and  developing the Cairo conference  on  popu 
lation and development, this section stresses women's human rights to control their sexuality and 
reproductive  behaviour.  It  calls  for  gender-sensitive  health  care  information  and  preventive 
health programmes. 

Section D: Violence against women. Defines violence as  any act of gender-based violence that 
results in, or is likely to result in, physical, sexual or psychological harm or suffering  to women'. 
It calls for measures to prevent and eliminate such violence; studies of violence; the elimination 
of trafficking  in women. 

Section E: Women and armed conflict. Spells out the ways in which women's human  rights can 
be violated  in situations of armed conflict and calls for a strengthening of women's role in con-

* New  York:  United  Nations,  Department  of  Public  Information.  1996. 

112 

THE ADVANCES OF BEIJING 

flict  resolution  and in promoting peace; a reduction  in military expenditure; the promotion  of 
non-violent  forms  of conflict  resolution; the provision of support for refugee  women. 

Section  F:  Women  and  the  economy.  Details  the  current  situation  of  inequality  between 
women and men and calls for the promotion of womens economic independence  and autono 
my; the facilitation  of their equal access to resources, employment,  markets and  trade; support, 
especially for lower-paid women; the elimination of sex discrimination  at work; the  promotion 
of measures  to  help  the  reconciliation  of work  and  family  responsibilities;  the  recognition  of 
unremunerated work. 

Section G: Women in power and decision-making. Calls for  women's equal access to, and  full 
participation  in, power structures and decision-making'; training for leadership. 
Section  H:  Institutional  mechanisms  for  the  advancement  of  women.  Calls  for  national 
machineries to be sited at the highest levels; the integration of a gender perspective into legisla 
tion, policy and programmes; better and fuller  gender-disaggregated  data. 

Section I: Human rights of women. Essentially reaffirms  that women's rights are human rights. 
Refers back to the Vienna conference on human rights and calls for the implementation  of exist 
ing  human  rights  treaties  and  agreements,  non-discrimination  under  the  law and  in  practice; 
measures to ensure that women  know and can exercise their legal rights. 

Section J: Women  and the media.  Looks for  a balanced  and  non-stereotyped  presentation  of 
women  in the media and an increase in the influence  of women working in  the media. 

Section  K: Women  and the environment.  Notes  the essential  contribution  of women  to sus 
tainable  development  and  calls for women's active participation  in  policy-making affecting  the 
environment  and  the  insertion  of  a  gender  perspective  into  such  policy-making  and  pro 
grammes. 

Section  L: The girl  child. Pointing out girls' disadvantaged  situation,  this section  calls for  the 
elimination  of discrimination  and  negative attitudes  against  girl  children  in  the  family  and  in 
education and training, inheritance, health and nutrition, the labour market; the eradication of 
violence against girl children; the promotion of girl children's status. 

Chapter  5  is on  Institutional  Arrangements.  It  points  out  that  while  governments  have  the 
prime responsibility for implementing the Platform, other institutions at international level, like 
the UN  itself and the public, private and NGO  sectors, have their part to play. A strengthened 
mandate for the CSW is called for as well as a high-level post in the office  of the secretary-gen 
eral of the UN. 

Chapter  6 is concerned with  Financial Arrangements. It notes the need  for  political  commit 
ment  to make the necessary resources available at national, regional and international level. 

113 

THE ADVANCES OF BEIJING -

•  Belgium produced a booklet explaining the his 
tory  of  UN  conferences  for  women,  the 
preparatory  process  at  UN  and  national  level, 
the  role  of  the  Platform  for  Action  and  the 
Belgian national report; 

• The  French coordination  committee  produced 
a  regular  bulletin  in  the  run-up  to  the  confer 
ence; 

• Spain produced  and brought  to the conference 
a report on the situation of Spanish women; 

• Germany published  the reports of the working 
groups  formed  by  the  national  preparatory 
committee. 

The  Statistical  Office  of 

the  European 
Community,  Eurostat, published, in cooperation 
with  the  Commission,  'Women  and  men  in  the 
European Union: a statistical portrait'9 before the 
conference.  It  contains  information  on:  popula 
tion including data on life expectancy and health; 
family life; working life and participation in deci 
sion-making  -  all  describing  the  situation  of 
women  living  in  the  12  Member  States  of  the 
Union  in the early 1990s. 

The  Commission  also produced  an explanato 
ry booklet 'The European Community facing the 
challenges  of  the  Fourth  World  Conference  on 
Women'.10  It  covered  the  institutional  frame 
work,  the  background  of  equal  opportunities  in 
the  Union,  development  cooperation  issues and 
women's and men's human  rights. The  European 
Parliament  adopted  a  resolution  on  the  confer 
ence"  in June  1995. This  outlined  its  views on 
the  priorities  that  should  concern  both  the  con 
ference  and  the  European  input,  and  was based 
on  the report on  preparations  for  the  conference 
(the  Grôner  Report).  Five  MEPs  from 
the 
Committee  on  Women's  Rights  were present  in 
the  official  European 
Beijing  as  part  of 
Community  delegation  and  took part  in a meet 
ing  organised  by  the  Interparliamentary  Union 
where  a  joint  declaration  was  adopted.  The 
Parliament  passed  another  resolution12  on  21 
September  1995, on  the  outcome of the  confer 
ence and  the Parliament s views on aspects of the 
implementation  of the  Platform  for Action. The 
Economic and Social Committee issued an opin 
ion  on  6 July  199513 calling for  the Platform  for 
Action to be 'capable of providing a new momen 
tum  in  the  promotion  of  women's  rights  and 
responsibilities  throughout  the  world'  and  'an 

instrument which can be applied in a whole series 
of  different  cultural,  social  and  economic  envi 
ronments and leads to new commitment  to equal 
opportunities and women's  advancement.' 

THE CONFERENCE ITSELF 

The  Beijing  conference  was  certainly  the 
largest  body of people ever  gathered  together  to 
reach  agreement  on  a  Platform  for  Action 
addressing the most pressing equality issues on a 
global level. 

Member  States  had  delegations  at  the  confer 

ence, and the European Union was also represent 

ed. Again,  the  Union  held  coordination  meetings 

on at least a daily basis and sometimes more. The 

European  Presidency  chaired  European  Union 

meetings,  briefed  NGOs  on  behalf  of 

the 

European  Union  and  regularly  updated 

the 

European Union position paper used in negotiat 

ing  the  Platform  for  Action.  As  a  result,  the 

Union was able to speak clearly and with a single 

voice:  it  functioned  as  a  force  of  real  influence 

and  authority  and  could  act  as  broker  in  some 

difficult  and delicate areas of debate. Indeed,  the 

European  Union  positions  formed  the  basis  of 

positive  agreements.  The  delegations  of  the 

Council of Ministers and the Commission  (the lat 

ter induding members of the European Parliament) 

worked dosely alongside the  Member States' dele 

gations throughout the conference. 

'  Luxembourg:  Office  for  Official  Publications  of  the 

European Communities,  1995. 

10 Luxembourg:  Office  for  Official  Publications  of  the 

European  Communities,  1995. Catalogue  no. CC-90-95-

485. 

"  A4-0142/95  (Minutes of sitting  15.6.1995). 
12 B4-1194/95 (Minutes of sitting 21.9.1995). 
, JOJC256of2.10.1995,  p.28. 

114 

Many  delegates  were  inspired  by  one  of  the 

closing speeches  of the  conference,  given  by the 

Prime  Minister  of  Norway,  Gro  Harlem 

Brundtland.  She  maintained  that  Beijing would 

'irrevocably  shape  world  opinion  in  spite  of  a 

continuing  genderised  apartheid'.  'So,  we  must 

go  back  from  Beijing  -  go  back  to  the  shanty-

towns...to the croplands...to the indigenous com 

munities - go back to change values and attitudes. 

But not only there. No, we must go to the board 

rooms, to suburbia,  to all of our local communi 

ties,  to  our  governments  and  to  the  UN  head 

quarters. This  is where  change  is required.  Both 

in the North  and  in the South.' 

THE CONTRIBUTION 
OF NON-GOVERNMENTAL 
ORGANISATIONS 

An NGO  Forum  was held  in parallel with  the 
official  conference,  running from  30 August to 8 
September  in  Huairou.  Before  the  conference, 
there was more than a little controversy about the 
arrangements for and the site of the Forum, some 
50  kilometres  from  the  main  conference.  Both 
NGOs and  national  delegations  to the UN  took 
vigorous  action  to  improve  facilities  for  the 
Forum. 

A  most  notable  phenomenon  of  recent  years 
has  been  the  increasing  participation  and  influ 
ence of NGOs at national and international level. 
The  relationship  between  governments  and 
NGOs in the context  of large international  con 
ferences like Beijing has been a continuous learn 
ing  process  for  both  sides.  NGOs  have  made 
great  efforts  to  have  an  input  into  the  events 
which will truly reflect  grass-roots views and pri 
orities,  seeing  this  development  as  a  necessary 
part  of  the  whole  issue  of  social  dialogue.  The 
consensus among those who were at both Nairobi 
and  Beijing is that  the linkages and  communica-

THE ADVANCES OF BEIJING 

tmmmsmmim&mimsmii 

THE ROLE OF NON-GOVERNMENTAL 
ORGANISATIONS 

GESELLSCHAFTFÛR TECHNISCHE 
ZUSAMMENARBEIT (GTZ  - TECHNICAL 
COOPERATION COMPANY) 

Gender-awareness  is a principle  of  German  development  co 
operation,  elaborated  in  various  policy  papers.  As  part  of  a 
broad attempt  to increase the integration  of  a gender  dimen 
sion in its work, the relief and rehabilitation programme is one 
of  several  programmes  within  GTZ  (Technical  Cooperation 
Company)  which  is collaborating  with  the WID  (Women  in 
Development)  office  to increase gender-awareness and  'target-
group orientation. As part of this process, an outside consul 
tancy agency  has been  commissioned  to  draw  up  guidelines, 
with  a  particular focus on Africa.  A  workshop  is  also  being 
organised  in  Ethiopia  to  discuss gender  issues and  relief  and 
rehabilitation with partner organisations. As this process is still 
underway,  with  guidelines  in  draft  form,  it  is  not  clear  how 
they will be used within GZT and with partner  organisations. 

OXFAM 

Oxfam  introduced  a Gender  Policy  in  1993, which  included 
the commitment  to  ensuring that all emergency and develop 
ment  responses  incorporated  a  gender  perspective  in  assess 
ment, planning, implementation,  monitoring and  evaluation. 
This commitment  comes from  a desire to  transform  exploita 
tive or oppressive gender relations (Oxfam,  1993: 4-5). Within 
Oxfam,  the  Strategic  Planning  and  Evaluation  Team  and  the 
Gender  Team work  together  to  ensure  that  Strategic  Planning 
Frameworks incorporate a gender perspective. Managers, both 
within  the UK and in the field, as well as advisors, are trained 
in the integration  of the gender policy. In  addition,  Oxfam  is 
in  the  process  of  creating  good  practice  guidelines'  at  the 
country team  level. Working guidelines  for  gender  in disaster 
relief,  have  also  been  written  by  the  gender  and  emergency 
units. The guidelines cover data collection, basic gender needs 
including water, food, shelter and health and how women may 
be  further  disempowered,  or  empowered  by  relief  interven 
tions. 

Source:  Extract  from  'Gender,  Emergencies  and  Humanitarian  Assistance', 
Women in Development Desk, Directorate General for Development,  Commission 
of the EC. 

115 

THE ADVANCES OF BEIJING 

tion were much  more systematic and  profession 
al  at  Beijing.  NGOs  feel  that  this can  be devel 
oped even further  and made more structured and 
that  more  could  be  forthcoming  from  govern 
ments in the way of practical, including financial, 
resources. Member States managed  this relation 
ship in a variety of ways, but it is fair  to say that 
all made efforts  to be inclusive in the preparation 
of the national reports and other preparations for 
the  conference.  The  European  Union  also  was 
instrumental  in  the  establishment  of  an  appeal 
procedure  for  NGOs  having  difficulty  in  being 
recommended  for  accreditation  as  observers  to 
the  official  conference  and  for  the  extension  of 
the deadline for applications. 

The  themes which were highlighted  for debate 

at the Forum were: 
• A global commitment  to women's equal rights; 

• Women's  access  to  education,  health  care, 
employment  and  training,  legal  and  political 
rights,  economic  development  and  a  sustain 
able environment; 

• Women's  participation  at  all  levels  of  govern 

ment and leadership; 

• The elimination of poverty; 

• The  elimination  of  violence  against  girls  and 

women; 

• The elimination of racism. 

The  Commission  made available an important 
amount of support to help NGOs take part in the 
Beijing  process,  both  at  the  preparatory  stages 
and  at  the  conference  itself. The  support  went 
not  only  to  NGOs  in  the European  Union,  but 
also to Eastern and Central  Europe and develop 
ing countries. 

In 

the  European  Union, 

the  European 
Women's  Lobby  (EWL),  formed  in  1990  and 
funded  by  the  Commission,  acts  as  a  lobbying 
and coordinating body for European NGOs with 
a  particular  interest  in  women's  affairs.  During 
the  preparatory  period,  the  EWL  organised  a 
forum  for  European Union  NGOs alongside the 
formal  conference  in  Toledo  in  April  1994  (see 
above).  Later,  it  undertook  systematic  prepara 
tion  as a 'Beijing  Project',  consisting of an  infor 
mation and preparation period before the confer 
ence,  a  presence  at  the  conference  itself  and  a 
debriefing conference  in February  1996. 

116 

In the run-up to the conference,  the Lobby: 

• Met  with  the  European  Union  presidency  in 

July 1995; 

•  Held  a  strategy  seminar  to  develop  common 

EWL strategies for the  conference; 

• Prepared a poster and an information  brochure 

for distribution at the  conference; 

• Published  a 'Guide  for  Women  to  the  Fourth 
World  Conference  on  Women  and  NGO 
Forum '95' which ran to three editions; 

• Produced  comments  on  the draft  Platform  for 
the  European  Union  Member  States  govern 
ments and other policy-makers. 

At the conference,  the Lobby had a permanent 
information booth which also served as a meeting 
point  for  European  NGOs.  It  organised  daily 
workshops  throughout  the  duration  of  the 
Forum  in  the  ECE  regional  tent.  The  Lobby's 
General  Secretary  was  elected  as  liaison  person 
between  NGOs  from  the  ECE  region  and  the 
UN. Many members of official  delegations visit 
ed  Huairou  during  the  Forum  and  took  part  in 
NGO workshops. 

So far as the official  conference was concerned, 
a majority  of Member  States  included  NGOs  in 
their  official  delegations  and  the  EWL  was 
accredited  to the conference.  Many  official  dele 
gations  organised  daily  briefings  for  NGOs  and 
there  were  several  briefings  between 
the 
European  NGOs  and  the  European  Union 
Presidency.  One-off  meetings  also  took  place 
with  some of the  official  delegates  on  particular 
items  in  the  Platform  for  Action.  NGOs  met 
daily in the 'European Women's Caucus'. 

After  Beijing,  the  EWL organised  a  follow-up 
conference  in  February  1996,  'Towards  the gen 
der  contract  -  implementation  of  the  Beijing 
Platform  for Action'. The  aim  of  the  conference 
was to discuss the 'gender contract'  concept  and 
to  discuss  strategy  based  on  a  detailed  analysis, 
prepared by the Lobby, of the Platform  for Action 
considered  together  with  the  ECE  Regional 
Platform. 

In the field of development  cooperation,  many 
European  NGOs  came  together  in  a  European 
Union  International  Development  Caucus. This 
included  established  groups  like  the  network 

THE ADVANCES OF BEIJING 

Women  in  Development  Europe  (WIDE)  and 
Eurostep.  The  Caucus  cooperated  dosdy  with 
groups from  other  regions and  had  as their  main 
lobbying aim  the retention  of the advances in the 
texts of the Cairo and Copenhagen conferences and 
the  development  of  the  Dedaration  and  the 
Platform for Action in the areas of poverty, multi 
lateral debt, unwaged labour, resources, the role of 
NGOs,  reproductive  rights,  sexual  rights,  migra 
tion and the environment. 

WIDE  and  Eurostep  organised  a  follow-up 
meeting in  May  1996. With  the  support  of  the 
Commission, WIDE also provided financial sup 
port  to ACP  (the  Asian,  Caribbean  and  Pacific 
countries) NGOs for a first immediate  follow-up 
to  Beijing  and  will  organise  four  ACP  regional 
workshops on specific areas of concern. 

AFTER  THE  CONFERENCE 
IMPLEMENTING  THE 
PLATFORM FOR  ACTION 

European Council meeting, 
Spain, October 1995 

There  was  a  strong  endorsement  of  the  out 
come of the conference. The Council agreed that 
it would review the European Union's implemen 
tation of the  Platform  for Action  annually.  How 
to transform  the  European  Member  States' com 
mitments into practical plans was the subject of a 
follow-up  conference  held in Spain in November 
1995. Under  the  title 'Las Mujeres  Proponen', it 
gave an opportunity to take stock of the strategies 
at  national  and  European  Union  level  to  imple 
ment the Platform  for Action in the fields of deci 
sion-making;  mainstreaming  equal  opportuni 
ties; and the image of women in society. Opening 
the conference,  Mrs Cristina Alberdi took up the 
themes which  had  come  up  again  and  again  in 
the European Union positions and in the confer 
ence as a whole:  empowerment,  mainstreaming, 

partnership. She called on Member State govern 
ments  to examine what  commitments  they were 
going to undertake after  Beijing,  and  linked  the 
implementation of the Platform  for Action to the 
Essen  and  Cannes  Councils,  at  both  of  which 
equal  opportunities  had  been  identified  as  a 
prime task of the European  Community. 

Meeting of the Cqmmission on the 
Status of Women,  New York, 
March  1996 

In  the first post-Beijing  meeting of  the  CSW, 
the European Union again participated  effective 
ly.  Member  States  agreed  on  significant  state 
ments on all the critical areas of concern reviewed 
by the  CSW. The  Union  also  took  the  initiative 
in  many of the  areas of substantive  negotiations 
and  contributed  considerably  to  what  was  an 
'unusually' positive meeting. 

In  an  intervention  on  behalf  of  the  European 
Union,  'the commitment  of the European  Union 
to the Declaration  and  the Platform  for Action as 
an  agenda for  the  empowerment  of women', was 
confirmed.  The  outcome  of  the  conference  was 
summed  up  by  saying  that  'in  Beijing  we  reaf 
firmed a  dynamic  concept  of  policies  of  women 
and for women through empowerment and main-
streaming:  key  concepts  and  operative  ideas  that 
suggest  a strategy  of  political,  economic,  cultural 
and  social  change  oriented  towards  women  and 
men. 

Fourth Action Programme on 
Equal Opportunities 

The  Fourth  Action  Programme  on  Equal 
Opportunities  (1996-2000)  gives a clear  picture 
of  the  Community's  priorities  in  implementing 
the Platform  for Action. Based on close consider 
ation  of  the priorities  for  women  in  the  Union, 
the  Fourth  Action  Programme  can  be  a  driving 
force  in  the  implementation  of  the  Platform  for 
Action both within the Member States and in the 
Union as a whole. To quote Commissioner  Flynn 
when he addressed the conference, 'The results of 
this  conference  can  enrich  our  ideas  for  (the 
Fourth Action  Programme's)  implementation. A 
Council  Decision on  the Action  Programme was 

SVKV*>^**M*«S<«W 

117 

THE ADVANCES OF BEIJING 

passed in December  1995.14 A second important ini 
tiative at Community levd is the Communication of 
the Commission on mainstreaming of equal oppor 
tunities in all relevant Community polides and pro 
grammes.15 The Communication defines the process 
of mainstreaming as not restricting efforts to promote 
equality to the implementation of spedfic measures to 
help women, but  mobilising all general policies and 
measures  specifically  for  the  purpose  of  achieving 
equality by activdy and openly taking into account at 
the planning stage their possible effects on the respec 
tive situations of women and men (gender perspec 
tive)'.  It  refers  to  the Community's  involvement  in 
formulating the Beijing Dedaration and Platform for 
Action and the emphasis which mainstreaming was 
given at the conference. It also draws attention to the 
role of the Community at the other related UN con 
ferences  mentioned  above; and  restates the recogni 
tion by the Essen, Cannes and Madrid Councils that 
equal  opportunities,  along  with  the  fight  against 
unemployment, are some of the paramount tasks of 
the Union and its Member States. 

The areas covered by the Communication  link 
very directly with  the  Platform  for Action. They 
include: 

• Employment and the labour market  (including 
the  Structural  Funds  and  the  Fourth  Action 
Programme); 

• Women  entrepreneurs  (including  the  role  of 
assisting  spouses;  the  role  of  the  Community 
initiatives; training and information  projects); 

•  Education  and  training  (including  a  range  of 
training programmes); 

• Rights of  persons  (induding  measures  aimed  at 
curbing violence against women; women  refugees; 
measures  against  trafficking  of  persons;  family 
structures); 

•  External  relations  (including  attention  to  gen 
der  issues in development  cooperation  at  plan 
ning, programmes and political level); 

• Information/awareness  (including  reference  to 
a wide range of events and publications and the 
need  to  monitor  the  content  and  quality  of 
information); 

• The Commissions personnel policy. 

uDecision 95/593/EC OJ  L 335 of 30.12.1995, p.37. 

"Communication  from the Commission  incorporating equal 

opportunities for women and men into all community poli 

cies and activities COM(96) 67 final of 21.2.1996. 

TABLE 30 
WOMEN'S  SHARE OF  ECONOMICALLY ACTIVE POPULATION  BY GLOBAL  REGION,  1990 

I. 
ASIA . 

J 

SOUTHEAST  ASIA  OCEANIA . 

SOUTH  ASIA  j 

CENTRAL  ASIA:. 

WESTERN  ASIA 

OCEANIA  .. 

SUB-SAHARAN  AFRICA . 

NORTHERN  AFRICA.' 

LATIN  AMERICA  CARRIBEAN ;• 

CARRIBEAN :• 

EASTERN  EUROPE  ; 

EUROPE  AND  OTHER  DEVELOPED 

EU 1 

SOURCE:  UNITED  NATIONS.  THE  WORLD'S  WOMEN  1995,  TRENDS  AND  STATISTICS,  NEW  YORK,  CHART  5.4A 

NOTE:  DATA  FOR  EU  FROM  EUROSTAT  (LFS) 

(EU  12)  1990.  TABLE  1. 

118 

Particular  attention  is  paid  to  the  Structural 

Human  rights 

Funds. 

THE ADVANCES OF BEIJING 

The  Communication  concludes  with  the 
expectation  that  '1996 should lead to substantial 
progress in implementing the principle of main-
streaming  in  all  Community  policies' - certainly 
an  important  element,  in  turn,  of  implementing 
the Platform  for Action. 

Integrating*gender issues 
in development  cooperation 

In  the context  of relations with  countries  out 
side the Union, the Communication  on integrat 
ing  gender  issues  in  development  cooperation16 
proposes  common  policy  guidelines  for  the 
Commission and Member States on gender issues 
in  development.  It  also  makes  suggestions  for 
strengthening and intensifying  the existing policy 
of mainstreaming a gender perspective in all poli 
cies and  programmes. The  Council  of Ministers 
adopted a resolution on the subject at its meeting 
in December  1995.17 It: 

• Notes  that women's participation  in  the devel 
opment process remains a secondary considera 
tion  and  relates  the  resolution  to  the  commit 
ments of the Beijing  conference; 

• Outlines general principles for  gender-sensitive 
development cooperation which should  inform 
all future  dealings with partner countries; 

• Outlines  means  and  strategies  on,  inter alia, 
policy-making, negotiation  with partner  coun 
tries, positive action to correct gender  differen 
tials  as  well  as  mainstreaming  of  the  gender 
dimension  at  all  levels,  training  for  decision 
makers  and  for  all  those  working  in  develop 
ment; 

• Calls for  an  annual  meeting of experts from  the 
Community and  the Member States and stresses 
the  importance  of greater  coordination  between 
the Community and the Member States, as well 
as  for  the  systematic  consideration  of  gender 
issues in all coordination initiatives; 

• Calls  for  a system  for  reporting  on  the imple 
mentation  of  the  resolution,  with  a  review  of 
progress in the second half of 1997. 

The  Commission  Communication  on  the 
'European  Union  and  the external  dimension  of 
human  rights  policy:  from  Rome  to  Maastricht 
and  beyond',18 highlights  that  women's  funda 
mental  rights  form  an  integral,  inalienable  and 
indivisible  part  of  universal  human  rights.  The 
Communication  proposes  also  to  take  into 
account the conclusions of Beijing and to consid 
er women as active participants in society and  to 
promote  their  full  participation  in political, eco 
nomic and social life. At the  52nd session of the 
Commission  on  Human  Rights in Geneva  from 
18 March  to 26 April, the Italian  Presidency, on 
behalf of the European  Union, gave the opening 
speech,  confirming  the  Unions  commitment  to 
Vienna and  Beijing. 

Implementation  of the  Platform 
for  Action 

The great range of the Platform  for Action and 
the varying priorities of Member  States, make it 
impossible  to  describe  in  detail  each  country's 
plans  for  implementation  of  the  Platform  for 
Action.  At  the  meeting  of  the  European  Social 
Affairs  Council  on  3 June  1996, Member  States 
reported on follow-up  to the conference. The fol 
lowing section summarises  the main  themes and 
approaches  to  implementation  which  emerged 
from  that follow-up, with some specific examples 
included for  illustration. 

There is inevitably an overlap between  actions 
following  Beijing and  ongoing  equal  opportuni 
ties  and  development  cooperation  programmes 
which  Member  States  had  in  place  before  the 
preparation for  Beijing began - programmes cov 
ering  education,  women  in  economic  life  and 
women in decision-making, for example. However, 
many actions stem directly from  the Platform  for 
Action. Even where they do not, many countries 
speak of an intensification  of activity or a re-dou 
bling of efforts inspired by the conference and the 
impetus  it  has  given  to  equality  matters.  The 
Platform  is  also  described  in  terms  of  giving a 

"  COM(95) 423 final of  18.9.1995. 
17 Resolution  12627/95 of 20.12.1995. 

'" COM(95) 567 final of 22.11.1995. 

119 

THE ADVANCES OF BEIJING 

HUMAN  RIGHTS  POLICY 

Respect for human rights is one of the main prereq 
uisites  for  membership  of  the  European  Union,  a 
basic principle informing all its activities. The Treaty 
states in Article F(2): The  Union  shall respect  fun 
damental  rights,  as  guaranteed  by  the  European 
Convention  for  the  Protection  of  Human  Rights 
and  Fundamental  Freedoms  signed  in  Rome  on  4 
November  1950 and as they result from  the consti 
tutional  traditions  common  to  the Member  States, 
as general principles of Community law'. 

With  regard to external action  the Treaty states that 
it is one of the main objectives of the common  for 
eign and security policy 'to develop and consolidate 
democracy  and  the  rule  of  law  and  respect  for 
human  rights  and  fundamental  freedoms'.19  In  the 
same  way,  European  Community  development 
cooperation  policy  'shall  contribute  to  the  general 
objective of developing and consolidating democra 
cy  and  the  rule  of  law  and  to  that  of  respecting 
human  rights and fundamental  freedoms'.20 

These provisions constitute a decisive advance in the 
development of an essentially economic Community 
into a political body. The founding Treaties make no 
explicit  reference  to  human  rights  or  the  relevant 
international  instruments; such reference was not to 
make  an  appearance  until  thirty  years  later,  in  the 
preamble  to  the  Single  European  Act,  in  which 
political cooperation  is formally  enshrined. 

Source:  Extract  from  'The  European  Union  and  the  External 
Dimension of Human Rights Policy: From Rome to Maastricht and 
Beyond' COM(95) 567 of 22.11.95, p.5. 

"Article J. 1(2), fifth indent. 

*' Article  130U(2) of the Treaty of European  Union. 

120 

solid  base from  which  to  move forward,  a  refer 
ence point, and a statement  of  affirmation. 

Just as the period  before  Beijing  saw a greater 
involvement of NGOs in Member States and bet 
ter  communications  between  governments  and 
NGOs,  so  the  follow-up  to  the  conference  has 
seen  examples  of  a  deepening  of  these  relation 
ships.  Governments  have  made  real  efforts  not 
only to inform  NGOs, but to consult with  them 
on  how  best  to  implement  the  Platform.  It  has 
been  a  two-way  process.  For  example,  Belgian 
NGOs  presented  a  memorandum  to  govern 
ment;  other  NGOs  set  up  working  groups  or 
meetings  to  relate  the  Platform  to  their  own 
-and/or  their  governments'  priorities  (Belgium, 
Denmark  and  the  Netherlands);  the  UK  carried 
out  a  consultation  exercise  in  asking  NGOs  for 
their  views on  implementation;  Ireland  is exam 
ining  mechanisms  to  ensure  NGO  participation 
in  implementation. 

Most  Member  States saw the dissemination  of 
information  about  the  conference  and 
the 
Platform  for  Action  as  their  first  responsibility 
after  the  conference  had  ended  and  the  delega 
tions  returned  home.  Member  States  set  about 
this task in a variety of different  ways: 

Virtually  every  Member  State  organised  an 
event or events in the form of conferences,  work 
shops or seminars  for women's groups  and  other 
NGOs, the social partners, politicians and others 
interested  in  knowing  about  the  conference. 
Some of these events were at  national  level, oth 
ers were  regional.  Italy  hosted  and  co-funded  a 
series  of  international  events  linked  to  Beijing, 
particularly  on  employment  matters,  while 
Austria's follow-up conference also included dele 
gates  from  many  countries  outside  the  Union; 
Greece  used  the  occasion  of  International 
Women's  Day  to  highlight  information  on 
Beijing. 

In many cases non-governmental  organisations 

also organised their own events. 

Many  Member  States,  including  Germany, 
Greece,  Ireland,  Portugal,  Spain,  Sweden  and 
France,  have  already  published  a  report  on  the 
conference and/or a translation of the Platform  in 
full  or in summary,  or  have definite  plans  to  do 
so.  The  UK  national  report  is  available  on  the 

THE ADVANCES OF BEIJING 
mmsmmmmmmmfssseimmimmimimm 

Internet  and  the  Netherlands  hopes  to  use  this 
form  of  dissemination  of  information  also; 
Austria plans a series of four  publications on  the 
conference,  on  its  follow-up  and  studies  on 
migrant  women  in Austria  and  on  the enhance 
ment  of  the  gender  perspective  in  development 
cooperation.  Reports  to  Parliament  by ministers 
present  at  Beijing  and/or  Parliamentary  hearings 
or  debates 
took  place  in  Denmark,  Italy, 
Germany, France, Luxembourg, the Netherlands, 
Belgium and the UK. 

Some  Member  States have  already  introduced 
new  legislation  or  are  proposing  to  do  so.  For 
example,  Belgium  proposes  a law to  ensure  that 
federal consultative bodies have at least one-third 
women  members. In Luxembourg, the Chamber 
of  Deputies  has  called  for  the  insertion  of  the 
principle  of equal  opportunities  into  the consti 
tution.  Other  proposed  legislation  is  mentioned 
in other paragraphs in this section. 

There  are  many  examples  of  new  structures 
being  set  up.  Portugal  has  created  a  High 
Commissioner for the Promotion of Equality and 
Family Issues in the Prime Minister's office  and a 
new  Parliamentary  Commission  for  Parity  and 
Equal Opportunities; Italy has for the first time a 
ministry for equal opportunities; also for the  first 
time,  the  Flemish  government  in  Belgium  has a 
minister  responsible  for  equal  opportunities;  the 
Swedish  government  has  created  regional  'focal 
points' to promote equal opportunities  regionally 
and  to  stimulate  mainstreaming;  Luxembourg 
has introduced  an interministerial committee for 
equality. 

Linked  with  these  new  structures  are  new 
undertakings  to report on  progress. The UK has 
proposed  an  annual  review  cycle  which  will 
include  an  annual  report  on  progress  in  imple 
menting the  Platform  and  annual  meetings with 
NGOs, nationally and regionally. A law passed in 
Belgium  in  February  1996 commits  the govern 
ment  to  report  annually  on  the  implementation 
of the  Platform;  the  report  will  refer  also  to  the 
conclusions  of  the  NGO  Forum  and  the minis 
ters  responsible  for  equal  opportunities  and  for 
development aid will both  report to  Parliament. 

There  is a very wide  range  of activities which 
might be described as mainstreaming. Many gov-

emments  including  Germany,  Finland,  Sweden 
and the United Kingdom have invited all govern 
ment  departments  to  consider  how best  to  inte 
grate  the  Platform  into  their  activities.  The 
Portuguese  Commission 
for  Equality  and 
Women's Rights produced  a Memorandum  with 
priorities for future action with input from  many 
departments.  Mainstreaming  is  overtly  men 
tioned  as a goal by Sweden,  France and  the  UK; 
France makes the point that this means involving 
women and men in partnership. 

As  well  as  the  inter-departmental  activities 
mentioned  in  the  previous  paragraph,  many 
Member  States  have  set  up  structures  and 
processes to examine how best to implement  the 
Platform. Denmark and Luxembourg have set up 
Commissions while Austria has a working group 
with  the  social  partners;  Ireland  has  announced 
its intention  to produce a declaration  of national 
policy,  reviewing  national  programmes  in  the 
light of the  Platform. 

The  budgetary  implications  are  addressed  by 
the  Netherlands,  which  has  undertaken  to  put 
forward  proposals  in  the  next  budget  speech  for 
the inter-departmental  implementation  of the 12 
strategic  objectives;  Finland  will  produce  a  dis 
crete  programme  on  equality  of  the  sexes based 
on the Platform,  with  its own budget. 

So  far  as  development  cooperation  is  con 
cerned, several Member States are increasing their 
efforts  to  make  sure  that  policies  and  projects 
have  a  gender  dimension.  A  new  law  in 
Luxembourg  will  increase  the  availability  of 
funding  to  NGOs  which want  to carry out  pro 
jects on  promoting  women  in  developing  coun 
tries;  Austria  has  set  up  a  working  group  of 
NGOs and government departments to plan new 
measures  on  introducing  a  gender  dimension; 
Sweden  has  proposed  a  law  to  add  the  goal  of 
equality  to  the  existing  basic  principles  which 
govern development  cooperation. 

Section  D of the Strategic Objectives  concerns 
violence against women; several European  Union 
governments  have  highlighted  actions  in  this 
area.  France  proposes  a  full-time 
telephone 
helpline for victims of rape or domestic violence 
and  will  expand  support  centres  to  all  depart 
ments; Sweden states it intends to introduce pro-

121 

THE ADVANCES OF BEIJING 

posais  for  legislation  to  strengthen  and  extend 
existing  measures  to  combat  violence  against 
women;  there  will  be  special  training  for  the 
police  forces  in  Belgium;  Portugal  has made  the 
issue  one  of  the  priorities  of  its  Programme  of 
Action. 

In  the  more  technical  arena,  some  countries 
have  undertaken  to  improve  official  statistics. 
Belgium  has  commissioned  a  research  study  on 
gaps in statistics and  how best  to improve statis 
tical information;  Denmark and France will pro 
duce  statistical  analyses  of  pay  inequality;  after 
future  elections in France, statistics broken down 
by sex will be published  on candidates and those 
elected;  Sweden  has  highlighted  the  importance 
of  sex-segregated  statistics  in  its  training  course 
for  high-level  civil servants  and  others. The  UK 
has  declared  its  intention  to  ask  all  government 
departments to analyse and publish all key statis 
tics by sex. 

122 

LIST OF TABLES 

Table  1: 
Table  2: 

Table  3: 
Table 4: 

Table  5: 

Table  6: 

Table  7: 
Table  8: 

Table  9: 

Table  10: 

Table  11: 
Table  12: 

Table  13: 
Table  14: 

Table  15: 
Table  16: 

Table  17: 

Table  18: 

Table  19: 

Table  20: 

Table  21: 
Table  22: 
Table  23: 

Table  24: 

Table  25: 

Table  26: 

Activity  rate of women  (15-64 years)  in  the  European  Union  (%),  1990  and  1995 
Population  of the  Member  States of the European  Union,  1995 

Activity rate of women  and  men  (15-64 years)  in  the  European  Union  (%),  1995 
Non-employment  and  inactivity rates of women  and  men  (15-24 years)  in  the 
European  Union  (%),  1994 
Non-employment  and  inactivity  rates of women  and  men  (50-64  years)  in  the 
European  Union  (%),  1994 
Activity  rate of women  and  men  (15-24 years)  in  the  European  Union  (%),  1995 

Activity  rate of women  and  men  (50-64 years)  in  the  European  Union  (%),  1995 
Activity  rate of women  by level of educational  achievement  in  the  European 
Union  (%),  1995 
Activity  rate of women  and  men  (25-64 years), having  attained  university  education  in 
Europe  (%),  1995 
Unemployment  Rate of women  and  men  in  the  European  Union  (%),  1995 

Women  in  employment  by professional  status  in  the  European  Union  (%),  1995 
Employment  status  of women  and  men  in  agriculture  in  the  European 
Union  (%),  1995 
Women  as a proportion  of occupational  groups  in  the  European  Union  (%),  1995 
The  earnings  gap, women  manual  workers, average  hourly earnings  as a percentage  of 
mens,  European  Union,  1990-1994 
Activity  rate  by age in  the  European  Union  (%),  1995 
Employment  status  of mothers  with  child  aged  0-10  years  in  the  European 

Union  (%),  1993 
Percentage  of parr-time  employment  among  mothers  and  fathers  with  child  under  10 
years,  in  the  European  Union,  1993 
Full-time  and  part-time  employment  of mothers  with  child  aged  0-10  years,  in  the 
European  Union,  (%)  1985  and  1993 
Rate  of unemployment  and  inactivity of mothers  and  fathers  with  child  aged  0-10 
years,  in  the  European  Union,  (%),  1993 
Womens  part-time  and  temporary work  as a share of total  employment  in  the 
European  Union,  (%),  1994 
Total  fertility  rates  in  the  European  Union  for  1980,  1985  and  1994 
Composition  of private  households  in  the  EU  12,  (%),  1994 
Participation  of women  in  national  parliamentary  assemblies  in  the  EU  Member  States 
and  in  the  European  Parliament  (%) 
Participation  of women  in  the  national  governments  of the  EU  Member  States  and  in 
the  EU  Commission  (%) 
Participation  of women  in  the  regional  parliaments  and  governments  of  the  EU 
Member  States 
Participation  of women  in  public administration  at  national  level  in  the  EU  Member 
States  (%) 

123 

Table  27: 
Table  28: 

Table  29: 
Table  30: 

Participation  of women  at  local political  level  in  the  EU  Member  States(%) 
Women  as members  and  as leaders  of the  affiliated  sectoral  and  regional  unions  and  as 
congress  delegates  of the  31  national  confederations  of the  ETUC,  1993 
Legal cases 
Womens  share of economically  active population  by global  region,  1990 

LIST OF CHARTS 

Chart  1: 
Chart  2: 
Chart  3: 
Chart  4: 
Chart  5 
Chart  6: 

Levels of application  of mainstreaming  strategies 
Measures  concerning  equal  opportunities  in  the  multiannual  programme 
Overview  of services  for  young  children,  school-age  and  length  of  schoolday 
Overview  of parental  leave provisions  in  European  Union  countries,  1994-95 
Individualisation  of income  taxation 
Family-linked  derived  rights  in  retirement  systems  in  Europe 

Map  1: 

Activity  rates -  1994 -  female 

124 

LIST OF SOURCES 

1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 

29. 
30. 

Eurostat, Community Labour Force Survey and ILO 
Eurostat,  Demographic Statistics 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat,  Community Labour Force Survey 
Eurostat, Community  Labour Force Survey 
Eurostat, Community Labour Force Survey 
Eurostat,  Community Labour Force Survey 
Eurostat - Harmonised  Statistics of Earnings 
Eurostat, Community Labour Force Survey 
European  Commission  Network on Child-care 
European  Commission  Network on  Child-care 
European  Commission  Network on Child-care 
European  Commission  Network on  Child-care 
Eurostat, Community  Labour Force Survey 
Eurostat  Demographic Statistics 
Eurostat Community  Labour Force Survey 
European  Experts Network 'Women in Decision-Making' 
European  Experts Network 'Women  in Decision-Making' 
European  Experts Network  'Women in Decision-Making' 
European  Experts Network 'Women  in  Decision-Making' 
European  Experts Network 'Women  in Decision-Making' 
'Women  in Decision-Making in Trade unions', Braithwaite and Byrne, 
European Trade Union Confederation,  Brussels. 
Database of the CJEC and Celex 
Statistical  Division of the United  Nations 

SOURCES 

The  main source of data used is the Statistical  Office  of the European  Communities  (Eurostat) and, in particular  the 
Community  Labour Force Survey (LFS).  This is the only source of data on employment and  related variables which is 
comparable and complete for all Member States.  Since it is based on a survey of households and  uses a common  coding 
and  methodology, it abstracts from  national differences  in definitions,  methods of classification  and adminstrative proce 
dures and  regulations.  Data  from  national sources may, therefore,  differ  from  the figures presented  in this report. 

Data in chapters  three and  four  is supplemented  by data gathered by experts in the Member States from  national sources. 
The data collection was co-ordinated  and analysed  by networks of experts supported  by DGV of the European 
Commission. Chapter five presents data on cases which was provided  from  the database of the Court  of Justice of the 
European  Communities,  Luxembourg and from  the CELEX legal database. Chapter six uses data from  the Statistical 
Division of the United  Nations. 

125 

DATA SOURCES 

Notes for Table 26 
Data for Austria and Sweden not available. 
Data for Greece at management level not available. 
Division based on the table of equivalence between the administration in the EC Member States from  'Women in the 
Higher  Public Services' Barbara C. Wurster (éd.). 
Remarks: Finland: Only at the state level (central government -total public administration). By profession:  upper  officials 
(clerical personnel) working in managerial positions, and presenting and planning officials  (at university level). By profes 
sion: upper officials  (clerical personnel) working in managerial positions. Women at top-positions of public administration: 
secretary generals, chief directors, heads of departments, deputy heads of departments, heads of divisions and special advi 
sors (highest level). Denmark: university level only at state level. Germany: include Federal Ministries and  the  institutions 
under their jurisdiction,  Federal courts, judicially dependent  enterprises of the Federal Government, German  Railways, 
Federal German  Postal Service. Spain: do not  include teachers, organs of State security, army, justice administration  person 
nel, 'statutory' social security personnel. 

Note for Table 27 
Note: Austria no representative national data. Number of mayors, 1994: 0.85 per cent (20/2333). 
Figures for  the UK are complex. There are several types of local government with different  election arrangements. Accurate 
figures  for  the number  of women elected to serve on local government councils are available for the London  Boroughs 27.9 
per cent,  Northern  Ireland  12 per cent, Scotland 21 per cent. 

126 

ISSN 0254-1475 

COM(96) 650 final 

DOCUMENTS 

EN 

05  06 

Catalogue  number  :  CB-CO-96-728-EN-C 

ISBN  92-78-14080-5 

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