WRITTEN QUESTION No. 3188/97 by Hiltrud BREYER to the Commission. Charter on the rights of women in childbirth
Date: 1997-10-16
Institutions: BREYER, European Parliament
Subjects: EP resolution, approximation of laws, motherhood, occupational health, occupational safety, social security, woman, women's rights

30. 4. 98

EN

Official Journal of the European Communities

C 134/111

(98/C 134/143)

WRITTEN QUESTION E-3188/97

by Hiltrud Breyer (V) to the Commission

(16 October 1997)

Subject: Charter on the rights of women in childbirth

1. What  action  has  been  taken  on  the  Charter  on  the  rights  of  women  in  childbirth  since  the  adoption  of
Parliament(cid:146)s resolution on this subject?

2. Was  Parliament(cid:146)s  resolution  forwarded  as  instructed  to  the  Commision,  the  Council,  the  WHO,  [the
Council of Europe] and the governments of the Member States? If so, when did this happen?

3.

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

4.

› 

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

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

› 

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

Answer given by Mr Flynn on behalf of the Commission

(3 December 1997)

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

The  recommendation  deals,  among  other  things,  with  maternity.  Article  1.B.2,  (cid:145)Maternity(cid:146),  stipulates  that
Member States should:

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

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

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

Furthermore,  the  Council  has  adopted,  on  a  proposal  by  the  Commission,  Directive  92/85/EEC  on  the
introduction of measures to encourage improvements in the safety and health at work of pregnant workers and
workers who have recently given birth or are breastfeeding (2). To the extent that the EC Treaty provides for
Community powers in this domain, some of the requests made in the resolution were taken into account in the
preparation of that proposal.

2.
Parliament’s resolution was to be forwarded to the Council, the World Health Organisation (WHO), the
Council of Europe, and the Member States by the President of the Parliament. The Resolution was published in
the Official Journal (3).

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

3.
this resolution.

(1)  OJ L 245, 26.8.1992.
(2)  OJ L 348, 28.11.1992.
(3)  OJ L 235, 12.9.1988.