ANNUAL REPORT FROM THE COMMISSION - Equal Opportunities for Women and Men in the European Union - 1998 -
Date: 1999-03-05
Institutions: European Commission
Subjects: EU employment policy, equal pay, equal treatment, gender equality, social rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 05.03.1999
COM(1999) 106 final

ANNUAL REPORT FROM THE COMMISSION

Equal Opportunities for Women and Men in the European Union
– 1998 -

EXECUTIVE SUMMARY ........................................................................................3

SECTION 1 : MAINSTREAMING EQUAL OPPORTUNITIES...............................5

SECTION 2: NEW STRATEGIES FOR EMPLOYMENT AND EQUALITY......... 12

SECTION 3: PROMOTING A GENDER BALANCE IN DECISION- MAKING ... 20

SECTION 4: EQUALITY LEGISLATION.............................................................. 24

SECTION 5 : EQUALITY AND ENLARGEMENT................................................ 28

2

EXECUTIVE SUMMARY

1998 was the year when equality between women and men took its place at the top of
Europe's political agenda. This - the third Annual Report on Equal Opportunities for
Women and Men in the European Union1
- presents the developments and
achievements in 1998 and flags up the issues which will be important in 1999 and as
the new century approaches.

Mainstreaming in the Treaty

The Treaty of Amsterdam specifically identifies the elimination of inequality between
women and men and the promotion of equality in all the EU's activities as among its
fundamental aims. This Treaty thus formalises the concept of mainstreaming equal
opportunities in all other policy areas. The agreement to strengthen and mainstream
equal opportunities policies at European level has been a major factor in raising the
political profile of women's right to equality in 1998. The report tracks the growing
importance of mainstreaming as a political instrument.

Mainstreaming in the Employment strategy

The European employment
the best example of what
strategy is perhaps
mainstreaming equality will mean in practice for policy formulation. The Treaty made
employment a matter of common European concern. The Luxembourg Jobs Summit
committed the 15 Member States to a co-ordinated policy for employment and
identified a gender gap of 25 million jobs - 25 million fewer women than men
employed - in the Member States as one of the main problems. This report examines
in detail the implications of two of the main conclusions of the Vienna Summit in
December 1998 that "employment is the top priority of the European Union" and that
equal opportunities for women and men are a vital component of the whole
employment strategy.

Thus, equal opportunities and employment are now inextricably linked; equal
opportunities is now both a matter of social justice and of good economics. In the next
ten years Europe's working age population will begin to shrink in terms of numbers.
Employment growth, so vital to our long-term economic success, will depend, even
more than in the past, on the increased participation of women in the labour market.
Member States must create the conditions that will enable the European economy and
the European workplace to benefit fully from the creativity, talents and skills of
women and to enable both men and women to have greater balance in their working
and family lives.

Mainstreaming in other policy fields

Mainstreaming as a tool and an objective is not limited to the employment strategy:
the essential principle of mainstreaming is that all areas of policy formulation must be
subjected to gender assessment. The report, thus, examines the significant progress

1

In the context of co-operation within the Agreement of the European Economic Area, some information about
Norway, Iceland and Liechtenstein has been added where appropriate.

3

made in 1998 on equality in a number of different and varied policy areas:
development co-operation, youth, education and training,
the 5th framework
programme on research and development. Special mention in this area is made to the
proposed reform of the Structural Funds, with its emphasis on the dual strategy:
specific action and mainstreaming.

Balanced participation in decision making

The objective of a balanced participation of women and men in decision-making is a
key area as regards equal opportunities. The under-representation of women in
decision making can be seen as undermining the practical impact of mainstreaming in
that it militates against the integration of women's needs and interests across the full
spectrum of political, social, cultural and economic life.

Equal opportunities and enlargement

The process towards enlargement of the union is one of its greatest challenges in the
near future. In the light of this, the 1998 report devotes, for the first time, a full section
to the issue of equal opportunities between women and men in the candidate
countries.

Equal opportunities policies 1999

Much has been achieved in the field of equal opportunities. 1998 can be seen as a year
of consolidation, of reflection and of forward planning. The report concludes that the
dual strategy for equality - combining mainstreaming in all policy areas with activity
that focuses specifically on women - produced tangible results over the course of the
year. 1999 promises results that are even more telling. We can expect the ratification
of the Treaty of Amsterdam, the adoption of new regulations for the Structural Funds,
the deepening of the Luxembourg process and the European Council's plans for a
European Employment Pact, the preparations for the review of Beijing Platform of
Action in the year 2000. These are events to come in 1999 which can be expected to
bring yet more change to the architecture of the Union's equality policies.

4

SECTION 1 : MAINSTREAMING EQUAL OPPORTUNITIES

Gender mainstreaming saw its breakthrough on a global scale at UN Fourth World
Conference on Women in Beijing 1995. Strongly backed by the EU delegation,
mainstreaming was defined as the promotion "by Governments and other actors" of "an
active and visible policy of mainstreaming a gender perspective into all policies and
programmes, so that, before decisions are taken, an analysis is made of the effects on
women and men respectively".

At European-level the commitment to mainstreaming was immediately followed up in
very concrete terms firstly in the Commission’s Communication on: Incorporating
equal opportunities for women and men into all Commission policies and activities2
and later in its Social Action Programme 1998-20003. The Social Action programme,
where the steps to be taken for the future development of European social policy are
outlined, in particular focussed on the promotion of equality between women and men
through the dual strategy of mainstreaming and specific actions. Indeed this dual
strategy now guides all policy formulation in the domain of equal opportunities.

The European framework for mainstreaming equality is now formalised in a legal and
institutional sense in the new Treaty of Amsterdam. Its Article 3 states that ‘the
Community shall aim to eliminate inequalities and to promote equality between
women and men in all its activities’. With the ratification of the Treaty, the European
Union will provide the first example of a comprehensive formal equality framework.

Developing the instruments for mainstreaming

the Commission continued and consolidated its strategy of
Throughout 1998,
assessing all general policies and measures for their gender impact. The Group of
Commissioners on Equal Opportunities between women and men, chaired by
President Santer, has been particularly a driving force to this end.

Gender impact assessment is carried out to avoid unintended consequences of policy
decisions and to improve the quality and efficiency of policies. Mainstreaming is a
complex, long term approach, which requires the development of appropriate training
and tools. Developing such training and tools to overcome the main barriers to
progress have figured high on the order of priorities. A very practical step towards
implementing gender impact assessment was advanced in 1998 with the publication
by the Commission of a short guide4,
introducing the notion of gender impact
assessment to the Commission services. The Guide explains and provides examples of
gender relevance and sets out
impact. Further
measures will be taken in 1999 to ensure that gender
impact assessment of
Commission policies becomes a regular and, indeed, reflex procedure. Measures are

indicators for assessing gender

2 COM (96) 67 final, 21.2.1996.
3 COM (98) 259 final.
4

‘A Guide to Gender Impact Assessment’, European Commission, DGV, 1998, Luxembourg: Office for
Official Publications of the European Community.

5

also foreseen to reinforce the commitment of Member States to implementing gender
mainstreaming.

In this context, it can be mentioned that an instrument has been developed by the
Netherlands5 for gender impact assessment and has been used in a number of policy
fields by the government. Developing on the Dutch experience, a similar instrument
has been developed in Belgium at the request of Flemish regional authorities. Yet
another instrument for gender impact assessment is being tried out at the local and
regional levels in Sweden. What can be noted is that gender impact assessment relies
heavily on gender expertise and the availability of sex-desegregated and gender
relevant data.

Increasing the visibility of the gender mainstreaming process was the goal of the
Parliament’s Women’s Rights Committee, when they undertook a detailed screening
of the 1998 budget to establish how the allocations benefited women and men
respectively.6

Promoting equality in the Structural Funds

As the main Community instrument for social cohesion and sustainable development,
Structural Funds have a major impact on equal opportunities for women and men.
During 1998 some specific initiatives were launched in the framework of the
Structural Funds with special impact for women.

In the framework of Recite II (Article 10 of the ERDF7) six European resource centres
were launched to promote and support women’s integration into economic activity. In
fishing areas, 29 projects for women were supported under a specific pilot programme
The EMPLOYMENT-NOW Initiative8 has supported specific activities for women
and, at the same time, developed gender mainstreaming approaches: in France a
project to promote women in decision-making in the services sector was supported. In
Italy a project to introduce a gender sensitive quality mark in work places was
supported. In the framework of the EMPLOYMENT-ADAPT Initiative,9 a special
transnational working group on desegregation of the labour market was formed across
the
Member States,
EMPLOYMENT-NOW programmes at European level.

to disseminate and mainstream the results of

in order

The mid-term evaluation of the Social Fund10 (ESF) included a special chapter on
in the framework of
equal opportunities. During the 1994-1999 programming,
the principle of promoting equal opportunities in all programming
Objective 3,
documents has been considered as a transversal orientation. However,
its
implementation in practice has been weak.

Studies published on the impact of ERDF interventions in Finland, Spain, Ireland,
Portugal and Greece and in four rural areas in Italy, Greece, the Netherlands and

5 Gender impact assessment, Mieke Verloo, Council of Europe, group of specialists of mainstreaming, 1996.
6 Working Document on gender mainstreaming and the targeting of women in the budget. PE 227.894 of

7

8

29.7.98.
European Regional Development Fund.
1994-1999.
1994-1999.

9
10 Conclusions of the ESF mid-term evaluations, European Commission, DGV, June 1998.

6

Norway all concluded that the promotion and encouragement of equal opportunities
through Structural Fund interventions has been a useful instrument to increase the
labour market integration of women, particularly through specific action in women’s
entrepreneurship and in childcare.

A study funded by EAGGF11 was published concerning the labour situation and
strategies of women farmers in diversified rural areas. It shows the importance of
women's participation in diversifying activities. An analysis of the rural development
programme for Ireland showed the weakness of women's participation at the level of
agricultural investments, but on the contrary an important participation in tourism and
training activities.

Drawing conclusions on the implementation of equal opportunities under the current
Structural Fund programmes, and lessons for the new programming period, were the
themes of a European conference which took place in September 199812. Two years
after the Brussels conference of 1996, the meeting stressed the importance of the
contribution of the Structural Funds in reducing inequality for women in employment,
and desegregating the labour market, as well as using women’s capacities for local
development in urban and in rural areas, or for new entrepreneurship. Examples of
mainstreaming strategies were presented. An example was that of the Luna project of
the General Union of Portuguese workers, to provide women trade unionists with
training to become equality officers in Portuguese companies.

Reforming the Structural Funds: new perspectives

The current round of Structural Funds is due to expire at the end of 1999. On
the European Commission adopted five draft Structural Fund
18 March 1998,
Regulations. The ‘removal of inequalities and the promotion of equal opportunities
for women and men’ in economic and social activity has been introduced as a general
principle in the objectives and tasks for the future Funds. If approved, this would
represent an important advance in transforming the Funds into a major instrument for
promoting equality in the Community. The gender dimension would in effect
permeate the whole process, from the planning through to evaluation.

The ERDF, EAGGF and FIFG13 draft Regulations propose that Member States should
commit themselves to provide for equality actions. The ESF will contribute to the
actions undertaken in pursuance of the European Employment Strategy. One of the
five ESF policy fields of intervention proposed is the improvement of women’s
situation in the labour market, including their career development, their access to new
jobs opportunities and to entrepreneurship, and reducing vertical and sectoral
segregation in the labour market.

11 European Agricultural Guidance and Guarantee Fund.
12 The integration of equality between women and men into the Structural Funds, Seminar organised by the
in co-operation with the Commission in Viana do Castelo, Portugal on

Portuguese authorities
13-15 September 1998.

13 Financial Instrument for Fisheries Guidance.

7

In Ireland, to prepare the next round of Structural Funds, suggestions have been put
forward to include the setting up of an equality co-ordinating committee under the
next CSF14 and to commence training sessions on mainstreaming.

Several seminars were held in collaboration with the Women's Commission of the
COPA-COGECA (Federation of Farmers Organisations at European Level) to inform
women in rural areas on the reforms related to Agenda 2000. They have been financed
under the specific budgetary line allocated by the European Parliament to information
and training in rural areas.

The Commission intends to introduce a new Community Initiative on human
resources to combat all types of discrimination in the labour market, and targeting all
groups
in accessing employment. Equal
opportunities for women and men could be integrated as a cross-cutting issue.

that may experience disadvantages

The Commission’s Advisory Committee on equal opportunities, composed of
Member States representatives and social partners, issued an Opinion on the reform of
the Structural Funds,15
involvement of equal
in which it suggested a greater
opportunities machinery in the decision-making processes concerning all Funds.

its plenary session of 19 November 1998,16

At
the Parliament approved the
Commission’s proposal to reform the ERDF and ESF. Amendments were designed to
strengthen the ESF’s commitment to tackling unemployment, equal opportunities and
to encouraging training.

In September 1998 the Economic and Social Committee17 and the Committee of the
Regions18 approved the regulations proposed by the Commission, with equal
opportunities for women and men as one of the five priorities of the Funds.

The role of
opportunities for men and women

the Medium-term Community action programme on equal

The Commission adopted the interim report on the implementation of the Medium-
term Community action programme on equal opportunities for men and women.19
Mainstreaming, and its inherently global exhaustive approach, was adopted both as a
guiding principle and as the primary strategic objective of the Programme. Its
implementation in practice opened the door to new actions and a whole series of
previously unused initiatives at every level.

In total, an important number of projects, studies and conferences targeted at a range
of different political levels and policy areas, have been developed, with the objective
of promoting gender mainstreaming and developing tools and instruments for its
implementation.

14 Community Support Framework.
15 Opinion of the Advisory Committee on equal opportunities for women and men on the reform of the Structural

Funds, 6 July 1998.

16 PE 273.811/39.
17 9-10 September 1998.
18 CoR 167/98.
19 COM(98) 770 final of 17.12.1998.

8

Educational and research programmes: towards gender equality

Community programmes in the fields of education, training and youth polices have a
long tradition of respecting equal opportunities for women and men. The main
challenges for the future include further development and expansion of these
achievements in the ‘new generation’ of Community programmes, which are being
prepared for the period 2000 - 2006. The Council adopted on 4 December 1998 a
common position on the proposals for the next phase of the Socrates20 and Leonardo
da Vinci21 programmes. For Youth for Europe22 the proposal for the second phase is
currently being negotiated. The proposals will ensure an improvement of the profile of
equal opportunities in these fields of action. In the new programmes, special attention
will be given to removing all forms of discrimination and to promoting equal
opportunities for women and men. These provisions are to be integrated into all
objectives of the three new programmes.

Women are seriously under-represented in research activities. This was the conclusion
of a Conference on ‘women and science’, organised by the Commission and the
European Parliament and held in Brussels on 28-29 April. In the Conference, all kinds
of questions related to women and science were debated such as obstacles, options,
career development, women’s approach to science and policies to increase women in
science.

In November 1998 the Commission set up an expert group composed of a dozen of
female scientists to work on the mainstreaming of women in research in Europe. The
Commission is to establish links with already existing networks of female scientists in
Europe, which would allow for exchange of information and experiences with a view
again to formulating recommendation and developing a European wide structure. A
gender perspective is being incorporated into the Fifth Framework Programme on
Research and Development. Research on -, by - and for women will form an integral
part of the programme. Twenty-seven per cent of the projects currently supported are
managed by women, whereas they only accounted for ten per cent of all tenders. An
Observatory will monitor women’s positions in scientific posts.

An important outcome of the April 1998 conference on "women and science", was the
Commission commitment to prepare a Communication aimed at promoting equality
between women and men in science and research. The draft Communication deplores
the continued persistence of male dominance, traditional mentalities and stereotyped
roles characterising Community science and technology policy, and addresses the
need for more and better data desegregated by sex, the need to improve the career
paths for women in science and technical occupations, and launches a proposal on the
attainment of 40 per cent women in all advisory committees, evaluation boards and
other relevant decision-making bodies in the field of research and technology.

Gender dimension in development co-operation policies

Change is occurring among governments in developing countries in favour of
discussing women’s needs and their potential to participate on equal terms with men.

20 Council document 13327/1/98 Rev. 1 of 22 December 1998.
21 Council document 13380/98 of 15 December 1998.
22 COM (98) 695 final of 22 November 1998.

9

The Commission is now taking the gender situation of the country and sector into
account
in its own strategy work, as well as in the preparation of projects.
Nevertheless, important gaps remain, such as the effects on women of changes in the
World Trade Organisation, women’s long working hours in many countries, violence
against women and girls within families and local society, and the under-
representation of women in political and other decision-making bodies.

The complexity of integrating gender issues across the large number of sectors
covered by development co-operation was acknowledged by the Development
Council which in May 1998 undertook a review of the Gender in Development
Resolution of 199523. Noting shortages of staff and other resources to facilitate the
integration of gender issues, the Council called on the Community and Member States
to increase capacity to implement the Resolution.

At Community level, planning and follow-up instruments have been reviewed and
modified in order to include gender analysis and indicators through the whole project
cycle, from the beginning of project identification until evaluation. Mainstreaming of
gender issues and gender equality is one of the three guiding principles for systematic
application in all areas of co-operation.

The Council Regulation on integrating gender in development co-operation was
adopted by the Council on 22 December 1998.24

Implementing the Beijing Platform for Action

The 42nd session of the UN’s Commission on the Status of Women (CSW) was held
in New York in March 1998.25 The UK Presidency, speaking on behalf of the
European Union, pointed out that at the heart of the Platform for Action is the
principle of mainstreaming. Essential characteristics of the principle of mainstreaming
are more sustainable policies in which people will feel greater ‘ownership’ of the
solution, ‘empowerment’ and the equal participation of women and men in decision-
making, an essential to the implementation of human rights, democracy and people-
centred sustainable development.

In preparation for the Beijing +5, the global review of the implementation of the
Declaration and Platform for Action adopted at Beijing 1995 that will take place in
New York in June 2000, the Ministry for Labour and Social Affairs of Spain, jointly
with the Commission, hosted a conference in Madrid in November 1998. Focusing on
key areas of concern in an EU perspective, the conference confirmed that a common
EU agenda for equality has emerged, where emphasis is largely on specific, but
moderate measures, particularly in the fields of education, employment and decision-
making. A Conference Declaration denouncing all forms of violence against women
was adopted.

Beijing itself was host in October 1998 to a five day seminar on women’s rights, in
the framework of the European Union/China human rights dialogue. The seminar was

23 Council conclusions on integrating gender issues in development co-operation of 18 May 1998.
24 Council Regulation (EC) No. 2836/98 of 22 December 1998, OJ L 354/5 of 30.12.1998.
25 United Nations Commission on the Status of Women 42nd session, UN Headquarters, 12-13 March 1998.

10

organised by the Austrian Presidency jointly with the Commission.26 The meeting was
a unique occasion for Chinese and European NGOs to sit side by side with
representatives of governments and the academic world.

The Council for Labour and Social Affairs of 2 December 1998 undertook an
examination of the Beijing follow-up giving particular attention to the importance of
gender-desegregated data, indicators and benchmarking in the field of women in
decision-making, on the basis of a proposal of the Austrian Presidency. As a result, a
process has been launched to develop indicators and benchmarks in the European
Union follow-up to Beijing.

Launching the debate on gender equality in the public sector

Integrating a gender dimension in the public sector was one of the most significant
themes of discussion during 1998. As part of the UK Presidency, a major international
conference on ‘Mainstreaming sex equality in the public sector’27 was organised
jointly by the Equal Opportunities Commission and the European Commission, with
the support of the UK Government and the British Council.

The Austrian Presidency pursued the discussions through a conference on ‘Support
for Women in the Civil Service’,28 which focused on the challenges facing the public
authorities in implementing equal opportunities policies. A seminar on ‘Positive
Action in the Public Services’29 was also held under the Austrian Presidency and
supported by the Commission. The Commission stressed that mainstreaming is not
contrary to positive action.

A training and awareness-raising programme aimed at the very top-level managers in
all fields of the public sector is the approach taken in Sweden. The participation of the
Prime Minister and all members of Cabinet, underlines the importance ascribed to the
programme. Sweden stressed the importance of good sex-desegregated statistics and
indicators, and their role in elucidating new questions and perspectives on mainstream
policies. The Swedish Association of Local Authorities, within the framework of the
JÄMKOM project, is examining how a Committee or Board can work systematically
to achieve gender equality in its own field of operations.

In Sweden, best practices in public service as well as in political parties have led to
equal representation of women through training, mentoring, awareness-raising, and
promotion of preferential treatment for equally qualified candidates of the under-
represented sex.

The gender dimension of public administration got additional recognition in Italy,
through new positive actions and training in gender awareness. In Greece, following
the reorganisation of the General Secretariat for Equality reported in the 1997 Annual
Report, Offices of Equality were established in the Ministries of National Economy,

26 EU-China Seminar between European Union and the All China Women’s Federation, Beijing, October 26-30,

1998.

27 EC Conference on ‘Mainstreaming sex equality into the Public Sector’, London, 22-23 June 1998.
28 Vienna, 12-14 November 1998.
29 Austrian Academy of Public Administration, Seminar on Positive Action in the Public Services, 12-

13 October 1998, Vienna.

11

Development, Labour and Social Security, Health, Education, Agriculture, Transport,
Justice, Press and Mass Media, and National Order.

SECTION 2: NEW STRATEGIES FOR EMPLOYMENT AND EQUALITY

Equal opportunities within the European employment strategy.

The adoption of the 1998 Employment guidelines by Council in December 1997
signified a major step forward for the promotion of equality between women and men
and 1998 has witnessed a consolidation of the process including a full recognition of
equality of opportunity as a vital fundamental component of the European model to
create employment.

The Joint Informal Council of Employment, Social Affairs and Equal Opportunities
held in July 199830 in Innsbruck, Austria, declared that equal opportunities had
become an economic requirement and that maintaining the European social model
would depend on women’s participation in the labour market. Ministers discussed the
contents of a report presented by the Austrian Ministry of Labour, Health and Social
Affairs.31 which identified three main reasons as to why an equal opportunities
dimension is needed in the employment strategy:

• One of the major sources of divergence in employment rates among advanced

countries is the share of women in employment;

• A gender equality perspective is essential to understand recent changes in the

employment system and the welfare system;

• Progress toward a higher employment rate demands also a change in the basis of
social and economic organisation to a more dual-earner employment and welfare
system.

The Commission’s Advisory Committee on equal opportunities for women and men,
in its Opinion32 on the 1998 Employment Guidelines welcomed the steps taken by
certain Member States to incorporate equal opportunities into all the pillars.

The 1998 National Actions Plans for employment

In 1998, for the first time, Member States drafted National Action Plans (NAPs) in
which they presented new measures aiming at creating employment.
In a
Communication published in May 1998,33
the Commission examined the
commitments made by the Member States as regards the 1998 Employment
Guidelines. Generally, the responses of Member States demonstrated that there was a
clear commitment to making progress on employment. A number of positive elements

30 From 8-10 July.
31 Rubery, J. And Fagan, C., March 1998, ‘Equal Opportunities and Employment in Europe’, Final Report for the
Federal Ministry of Labour, Health and Social Affairs, Republic of Austria, European Work and Employment
Research Centre, Manchester.

32 Opinion of the Advisory Committee on Equal Opportunities for women and men on the 1998 Employment

Guidelines, 7 July 1998.
33 COM(98) 316 of 15.5.1998.

12

could be discerned. However the principal focus in the Plans was on the first two
pillars, ‘employability’ and ‘entrepreneurship’. On the fourth pillar, the content of the
NAPs addressing the issue of equality between women and men appeared to be
modest and insufficiently detailed in the 1998 National Plans.

The Commission’s Gender and Employment group of experts carried out an
assessment from a gender perspective of the 1998 NAP’s34. The results of this
evaluation was discussed at a seminar organised by the Commission in July 199835
with the national authorities and the social partners at European level. The following
are some of the main findings:

• In their 1998 National Action Plans, most Member States recognised gaps existing
in matters of care services, especially for children, and indicated that
they
intended to develop the supply of care services. Austria, the Netherlands, the
United Kingdom and Luxembourg have fixed their targets. Spain, the United
Kingdom and Italy have indicated they would provide for the cost of care services
through taxes and allowances. Whether services for the elderly and other adult
dependants exist has been rarely mentioned.

• Some Member States have mainstreamed equality into their general measures.
This is the case in Luxembourg where special contributions will be raised to
increase the rate of female participation in in-company training. In Austria, an
integrated approach has been outlined to reduce gender gaps in employment, and
combine different measures for women such as training, wage subsidies,
vocational training in occupations traditionally dominated by men and provision
of childcare facilities.

• Belgium, Greece, and the Netherlands underlined their provision of supports,
designed to make working hours more compatible with family life and improve
the availability of after-school care. Ireland established an Expert Working Group
on childcare to develop a national delivery framework for childcare. The
Commission studied developments in care services throughout the year36.

At the Cardiff European Council, held on 15-16 June 1998 during the UK Presidency,
Member States were urged to

•

•

strengthen action on equal opportunities by ensuring that equality between women
and men is mainstreamed in all employment policies;

promote family-friendly working practices,
parental leave schemes.

including suitable childcare and

34 Bettio, F. Bimonte, S. And Tiezzi, S., ‘The National Action Plans for Employment: Assessment from a Gender
Perspective’, Report of the ‘Gender and Employment’ Network of Experts, European Commission, DG V,
July 1998.

35 Brussels, 3 July 1998.
36

‘Gender and working time Policies’, 1998, European Network of Experts on Employment, European
Commission, DGV.

‘Care in Europe’, Joint Report of the ‘Gender and Employment’ and the ‘Gender and Law’ Networks of Experts,

1998, European Commission, DGV.

13

The Joint Employment Report37 of 14 October 1998 presented an analysis of the
implementation of the NAPs and a series of good practices in Member States. The
Heads of State and Government at the European Council in Vienna in December 1998
considered this detailed examination.

On 14 October 1998, the Commission also presented the first ‘Employment Rates
Report’ prepared following the request from the European Employment Summit in
Luxembourg in November 1997. The Report highlights that women represent a
significant potential for increased employment in the Union given the right incentives
and opportunities. It stresses the importance of measures encouraging and enabling
women to stay in employment for a longer period of their working lives. Fiscal and
social protection and childcare systems should be reformed to contribute to a growth
in women’s employment.

The 1999 Employment Guidelines

The Council of Social Affairs commitment to equality was reinforced when it agreed
the 1999 Guidelines in December 1998. Equal opportunities for women and men was
the same time, continued to
mainstreamed in all employment policies and, at
constitute a pillar of employment policies requiring special attention and special
measures for women’s integration in employment.

The new Guidelines for 1999 mainstream equal opportunities in all pillars and
maintain a fourth specific pillar on equal opportunities between women and men

Equal Opportunities for Women and Men in the Fourth Pillar of the
Employment Guidelines for 1999:

‘Gender mainstreaming approach

Women still have particular problems in gaining access to the employment market, in career advancement, in
earnings and in reconciling professional and family life. It is therefore important, inter alia: to ensure that active
labour market policies are made available for women in proportion to their share of unemployment; to reduce
tax-benefit disincentives, wherever identified, because of their negative effects on the female labour supply; to
give particular attention to obstacles which hinder women who wish to set up new businesses or become self-
employed; to ensure that women are able to benefit positively from flexible forms of work organisation.

Therefore, the Member States will:

adopt a gender-mainstreaming approach in implementing the Guidelines of all four pillars. In order
meaningfully to evaluate progress on this approach, Member States will need to provide for adequate data
collection systems and procedures.

Tackling gender gaps

Member States and the social partners should translate their desire to promote equality of opportunity into
increased employment rates for women. They should also pay attention to the imbalance in the representation
of women or men in certain economic sectors and occupations, as well as to the improvement of female career
opportunities. Member States will:

attempt to reduce the gap in unemployment rates between women and men by actively supporting the increased
employment of women and will take action to bring about a balanced representation of women and men in all
sectors and occupations. They will initiate positive steps to promote equal pay for equal work or work of equal

37 SEC(98) 1688.

14

value and to diminish differentials in incomes between women and men. In order to reduce gender gaps,
Member States will also consider an increased use of measures for the advancement of women.

Reconciling work and family life

Policies on career breaks, parental leave and part-time work, as well as flexible working arrangements which
serve the interests of both employers and employees, are of particular importance to women and men.
Implementation of the various Directives and social-partner agreements in this area should be accelerated and
monitored regularly. There must be an adequate provision of good quality care for children and other
dependants in order to support women's and men's entry and continued participation in the labour market. An
equal sharing of family responsibilities is crucial in this respect. In order to strengthen equal opportunities,
Member States and the social partners will:

design, implement and promote family-friendly policies, including affordable, accessible and high quality care
services for children and other dependants, as well as parental and other leave schemes.

Facilitating reintegration into the labour market

The Member States will:

give specific attention to women, and men, considering a return to the paid workforce after an absence and, to
that end, they will examine the means of gradually eliminating the obstacles in the way of such return.’

Source: Draft Council Resolution of 16.12.1998 on the 1999 Employment Guidelines.

The fight against the gender gap in employment

The desegregation of employment remains a central goal of employment strategy. The
concentration of women's employment in certain sectors remained high and even
increased slightly between 1996 and 1997.

Women's share of non-standard employment was higher than that of men. In 1997;
13 per cent of women employees had a work contract of limited duration, compared
with 11 per cent of men. Women continue to account for 80 per cent of part-time
workers.

The share of employment in the services sector continues to increase and accounted
for 66 per cent of all employment in 1997. Women’s employment continues to be
concentrated in services and now accounts for just over 80 per cent of women workers
across the European Union, ranging from 56 per cent in Greece to 94 per cent in
Denmark.

The trend towards the growth of professional employment in recent years has been
accompanied by women taking up an increasing share of these higher level jobs.
However, other parts of the labour market have become more segregated. For
example, women’s share of employment in clerical jobs, a sector in which women in a
number of Member States were already highly represented, has increased across the
European Union. New divisions have emerged. Differences in the labour market
opportunities and experiences of highly educated women, compared with those with
lower educational qualifications, have become more pronounced.

15

EMPLOYMENT RATES OF WOMEN AND MEN (15-64 YEARS) IN
EUROPEAN UNION AND IN ICELAND AND NORWAY (%), 1997

Women

Men

100,00%
90,00%
80,00%
70,00%
60,00%
50,00%
40,00%
30,00%
20,00%
10,00%
0,00%

B

DK

D

GR

E

F

IR L

I

L

NL

A

P

F IN

S

U K

E U15

IS

N

Source: Eurostat LFS

The balance between work and family life

UNEMPLOYMENT RATES OF WOMEN AND MEN (15-64 YEARS) IN THE
EUROPEAN UNION AND IN ICELAND AND NORWAY (%), 1997

100,00%
90,00%
80,00%
70,00%
60,00%
50,00%
40,00%
30,00%
20,00%
10,00%
0,00%

Women

Men

B

DK

D GR

E

F

IR L

I

L

NL

A

P

F IN

S

UK E U15

IS

N

Source: Eurostat LFS

Demographic prospects show that the population of the European Union will be
composed of fewer children but more older people. This fact means a change in the
implications not only for the
nature of dependency which will have significant
participation of women and men in the labour market but also for the supply of both
paid and unpaid care services.

Women largely carry out caring, often informally and either unpaid or underpaid. A
number of quite different measures to facilitate the combination of work and caring
responsibilities have been identified.38 Including time-related provisions, such as
leave arrangements, reduced working hours, as well as money benefits and childcare
provisions. These were the subject of an exchange of views at the Innsbruck Informal
Council.39

38 Reconciliation between work and family life, European Commission, DG V, 1998.
39

Informal meeting of Ministers of labour and social affairs, Innsbruck, Austria, 8-10 July, 1998.

16

The Commission’s Advisory Committee, giving an Opinion on the Commission’s
Communication on the future of social protection,40 stressed that social security
systems should recognise the valuable contribution of caring to society.

The ageing of the population of the European Union is a far from gender neutral
trend. There are three women for every two men aged 65 to 79, and the ratio increases
with each decade. The effects of change associated with the creation of employment
in areas that have traditionally been unpaid, - work carried out by the family or as
voluntary work - were the subject of new research launched by the Commission in
1998 in ten countries.41 Gender equality implies a new employment order, based on
the principle of a better distribution of responsibilities between women and men. For
the introduction of stronger policies to allow for better
the European Union,
reconciliation of work and family responsibilities is essential for strengthening equal
opportunities for women and men. This was stressed in Guideline 17 of the
Employment Guidelines for 1998, which stated that ‘the Member States will strive to
raise levels of access to care services where some needs are not met’.

The will to raise levels of access to care services where needs are not met was
reinforced in the fourth pillar of the 1999 Guidelines. This followed on from
discussions between Equality Ministers on 5-6 May 1998. The Ministers concluded
that achieving a better reconciliation between work and family life is central to a
whole range of social
issues, and that affordable, accessible and high quality
childcare, parental and other leave schemes and family-friendly working policies are
essential. Taking account of the conclusions of Ministers at the Belfast meeting, the
1999 Guidelines agreed by the Council of Social Ministers and endorsed by the
Vienna Council in December 1998, state that: ‘the Member States and the social
including
partners will design,
affordable, accessible and high-quality care services
for children and other
dependants, as well as parental and other leave schemes’.42

implement and promote family-friendly policies,

Mainstreaming equality of opportunity into all employment guidelines

The 1999 employment guidelines call explicitly, for the first time, on the Member
the strategy, on
States to mainstream equality in the first
employability, entrepreneurship, adaptability. This implies the integration of the
gender dimension in policies which are wider than the 'classical' equality policy. At
European level, mainstreaming has already started in these areas and continued during
1998. What follows gives an illustration of the relevance and the practicalities of
mainstreaming in employment related topics.

three pillars of

• Women’s Entrepreneurship

Women remain insufficiently involved in business start-up ; they are confronted more
frequently than men with difficulties on business development or access to credit. In
the framework of the Employment-NOW Initiative a thematic group was launched to
promote women’s entrepreneurship. Numerous successful initiatives were examined

40 COM(97) 102 final of 12.3.1997, Modernising and Improving Social Protection in the European Union.
41 Employment, family and community activities, European Foundation on the Improvement of Living and

Working Conditions, Dublin.

42 Draft Council Resolution of 16.12.1998 on the 1999 Employment Guidelines.

17

and a special booklet43 was published in 1998, summarising analysis and good
examples.

In the framework of the third multiannual Programme for SMEs44 a call for proposals
was launched in 1997.45 Women entrepreneurs and co-entrepreneurs are specially
targeted in more than a third of the supported projects.

• New working time patterns

Opportunities for part-time work and flexible working hours are needed to remove
structural and incidental bottlenecks relating to the care tasks of women and men. Job
sharing, the ability to manage time during the working week, reductions in working
hours - these and other measures are expressions of a growing work-life debate.

Monitoring working time patterns is rather complicated. Current developments seem
to indicate that progress in this field is slow. The gap between the working hours of
women and men is decreasing. This may be occurring as the hours of women
resemble the longer hours of men.

At the very heart of divisions between women and men on the labour market lies the
question of gender and working time policies.46

• Women’s participation in the information society

The information society, with the development of new technologies, is providing an
important number of new jobs. It also provides new forms of employment such as
teleworking, which, in some cases, can contribute to and facilitate the reconciliation
between work and family life. On 27 May 1998 the Commission called on the
Member States to ratify the International Labour Organisation Convention on
homeworking (see Section 4).47

Women are under-represented in the field of new technologies. It is, thus of central
importance for the future to avoid segregation and to integrate women in new ‘high
tech’ sectors. Taking account of the division of jobs and tasks between women and
men arises when new technology is first introduced into the workplace. This was a
conclusion of a conference entitled ’Employment 2002, the future for women’ which
took place in Linz, Austria, on 3-4 September 1998. The seminar concluded that
development of skills, changes in outlook and provision for family-friendly policies
can increase opportunities for women.

43

‘Business creation by women, measures to support the creation, consolidation and growth of women-owned
business’, European Commission, DG V, Unit V/B/4, 1998.

44 Third Multiannual Programme for Small and Medium sized Enterprises in European Union (1997-2000).
45 OJ C 117/17 of 15.4.1997.
46 Gender and working time policies, Gender and Employment Group of Experts, European Commission, DG V,

1998.

47 OJ L 165 of 10.6.1998.

18

• Gender dimension in the social dialogue

The Vienna European Council confirmed that the social partners at European level
(UNICE, CEEP and ETUC)48 have an important role to play in the implementation of
the employment strategy. The 1998 and the 1999 Employment Guidelines refer to the
importance of their contribution to the employment strategy in all pillars.

The social dialogue and the European social model were the subjects of a conference
under the Austrian Presidency, hosted in Vienna49 in November 1998. The importance
of the role of the social partners in the field of equal opportunities for women and men
was stressed, in particular on the enforcement of equal pay and the reinforcement of
the status of part-time workers and workers on fixed-term contract, where women
account for a majority.

The social partners at European level opened negotiations on fixed-term contract
to supplement an agreement on part-time work50
workers on 23 March 1998,
concluded in 1997.51 This is of crucial importance for women, as they constitute a
majority of employees in part-time employment. They have also an important role to
play in working time policies in order to facilitate reconciliation work with family
life.

Social partners can contribute to the modernisation of the organisation of work, which
is a means to facilitate and complement the implementation of the adaptability pillar
of the Employment Guidelines. A Communication was adopted on the 25 November
1998 inviting the social partners to examine further ways of improving both flexibility
and security in the new organisation of work.52 Social partners could usefully address
the issue of entry or re-entry of women into the workforce, and access to training, as
well as the issue of better combining family and work responsibilities. In Vienna, in
September 1998, an expert meeting stressed the important role of the social partners
in the effort of reconciling family life and work, and the necessity for the future of a
society which listens to its children and targets its policies towards their needs and
their life prospects. 53

Sectoral dialogue is, in many cases, an appropriate level at which to promote better
equal opportunities for women in the labour market. A study on working conditions in
different sectors of the European economy54 concluded that there is a link between
strong sectoral bargaining and good practices in equal opportunities. As a follow-up to
this report, social partners in the textile and clothing sector and in the electricity sector
will launch research-action projects, studies and conferences with the support of the
Commission, during 1999.

48 Union of Industrial and Employers’ Confederations of Europe, European Centre of Enterprises with Public

49

Participation and of Enterprises of General Economic Interest, European Trade Union Confederation.
‘The European Social Model and Social Dialogue’, Vienna, 9 November 1998, Conference organised by the
Federal Ministry for Labour, Health and Social Affairs.

50 Council Directive 97/81/EC concerning the framework agreement on part-time work concluded by UNICE,

CEEP and the ETUC.

51 Council Directive 98/23/EC extended to UK Directive 97/81/EC.
52 COM(98) 592 of 25.11.1998, Modernising the organisation of work – A positive approach.
53
’A Strategy for Europe – Balancing Family and Work,’ Vienna, 14-15 September 1998.
54 Women’s working conditions in different sectors of the European economy, final report by Tina Weber and

Peter Foster.

19

SECTION 3: PROMOTING A GENDER BALANCE IN DECISION- MAKING

The 'gender balance issue'

The representation of women in posts of responsibility and at decision-making level
in political bodies has been the subject of considerable debate during 1998. The
availability of comparable statistics on gender balance in political decision-making in
the Member States over the most recent years has gradually improved the visibility of
the issue. A considerable number of governments, political parties and institutions in
the European Union have recognised the necessity to change the situation and aim at a
balanced participation of women and men in elected and nominated bodies,
commissions and committees. The arguments connected with this objective are of
political, economic and social order. The principle of democracy suggests a better
representation of women and men extended up to the target of parity democracy. The
principle of better utilisation of human resources suggests taking full advantage of
women's talents and potential. The principle of social justice suggests the provision of
a de facto equality of access in all available economic and power sources.

The quantitative objective of a balanced participation of women and men in decision-
making bodies is also connected with the qualitative objective of changing politics
and the way decisions are taken. A critical mass of around 30% of women is seen to
be necessary to create the necessary dynamic for improving the quality of decisions
allowing the concerns, needs and interests of women and men to be reflected in them.
The different but complementary and mutually enriching views of women and men
should be reflected in all public policies shaping citizens everyday lives. The Treaty
of Amsterdam stresses the Union’s commitment to equality between women and men
in all its policies. This task needs a large partnership and the co-ordinated action of all
European Institutions, Member States, social partners and NGOs if real progress is to
be made towards a gender balance in decision-making.

Table
Participation of women in the national parliamentary assemblies of the
EU Member States, the European Parliament and the parliamentary
assemblies of Liechtenstein, Iceland and Norway (%), 1997 and 1998

1997

1998

1
.
7
3

9
.
4
3

1
.
0
3

9
.
5
2

7
.
6
1

2
.
7
1

5
.
8
1

5
.
9
1

2
.
4
6 1
.
8

7
.
3
9 1
.
8

2
.
0
1

8
.
0
1

3
.
6

7
.
5

5
.
9
3 2
.
8
1

9
.
0
3 3
.
8
1

5
.
3
2

7
.
3
2

3
1

3
1

5

.
3
3

4
3

7
.

2
4

4
.
0
4

9
.
6
2 1
1

6
.
1
1

5
.
7
1

8
.
6
2

8
.
6
2

4

4
.
6
4 3

.
6
4 3

.
5
2

.
5
2

4

4

%

100
90
80
70
60
50
40
30
20
10
0

B DK* D GR

E

F

IRL

I

L

NL

A

P

FIN

S

UK EU1

EP

FL

IS

N

5

Source: FrauenComputerZentrum Berlin. 1997 data updated June 1997; 1998 data updated
June 1998 with data for D and S updated September 1998.
Note: *Data for Lower Chamber excludes 4 members elected in Greenland & Faroe Islands.

20

Women’s participation in parliaments and governments in the European Union

A significant growth in the participation of women in national parliamentary
assemblies occurred after a series of elections in 1997. This was consolidated, but not
substantially improved, by elections in Denmark,
the Netherlands, Sweden and
Germany during 1998. Overall, the participation of women in national parliaments
increased by meagre 0.6 percentage points (from 16.9 per cent in 1997 to 17.5 per
cent in 1998).

When the lower chambers of parliaments are examined, a slightly more favourable
trend is revealed: in 1997 women's share of seats in the lower chambers of Europe
stood at 20.3 per cent. It rose to 21.1 per cent in 1998. The gender gap in the upper
chambers of national parliamentary assemblies is much more substantial, with only
10.3 per cent female representation (1997:10.4 per cent, 1998: 10.3 per cent).

At government level, an increase can be detected in the proportion of women holding
government posts between 1997 and 1998 (rising from 19.3 per cent to 21.9 per cent).
There were significant increases in the proportion of women in the governments of
Luxembourg (25 per cent to 33.3 per cent), Denmark (26.5 per cent to 35 per cent),
Germany (15.6 per cent to 35 per cent) and Italy (17.1 per cent to 20.5 per cent)
between 1997 and 1998. However, there was a decrease in Finland and Austria, where
the proportion of women in government fell by more than five per cent.

The highest levels of participation of women in political decision-making are to be
found at regional level. Between 1997 and 1998 women’s participation rose by
1.3 percentage points (from 23.2 to 24.5 per cent) for regional governments, and by
1.2 percentage points (from 26.6 to 27.8 per cent) for regional parliaments.

Women’s representation in the European Parliament

The next elections to the European Parliament will take place in June 1999 for a
period of five years. The overall trend in women’s representation in the European
Parliament is one of a steady increase of women MEPs over the last two electoral
periods. The proportion of seats taken by women MEPs rose from 17.3 per cent (or
75 seats) after the June 1984 elections to 20 per cent (or 103 seats) after the June 1989
elections. This
the June 1994 elections, with
representation of women in the European Parliament rising to 25.7 per cent (or
146 seats out of a total of 567 seats).

figure increased again after

On 1 January 1995 Austria, Finland and Sweden joined the European Union. This
in 1996. Allowing for
increased the representation of women to 26.4 per cent
replacements and resignations, women MEPs made up 26.7 per cent of all Members
of the European Parliament in 1998 before the forthcoming elections in 1999.55

The Bureau of Parliament is composed of 14 vice-presidents and five Quaestors.
There are currently three (21.4 per cent) women vice-presidents. At present, there are
three (among 20) women Presidents of standing committees and one (among three)
woman President of a sub-committee.

55 European Parliament 1998.

21

The European Parliament56 undertook an analysis of electoral systems currently
applied in Member States and their impact on women's political representation. The
results show that the highest representation rates of women are in national parliaments
(Sweden, Finland, Denmark, the Netherlands) which have either proportional or
mixed electoral systems. Member States with lowest levels of women’s participation
(Greece, France and the United Kingdom) apply majority vote or mixed systems. The
validity of those findings is strengthened by international research comparing
162 countries.57

In the run-up to the 1999 European Parliament elections, networks such as EUDIF58
and the European Women’s Lobby are campaigning to convince political parties in all
Member States of the necessity to offer lists of candidates which utilise a system of
woman/man alteration. The European campaign ‘Vote for a gender balance’
supported by the Commission will contribute significantly to the increase of women
in elected posts.

Women’s representation in the other European institutions

the Third Action Programme for equal
Many new structures to implement
opportunities for women and men (1997-2000) for Commission personnel were
established during 1998. By mid-1998, some 22 Directorates and offices had become
involved in creating new structures, action plans and follow-up, thereby revitalising
the issue of equality for the Commission staff. An important change occurred during
1998, with the adoption of a new Council Regulation which integrated equality
clauses into the recruitment procedures and status of officials.59 Recruitment and
promotion targets were fixed for 1998 for senior grades. The targets included the
nomination of women to Director Grade, the increase of nominations to middle
management level, the recruitment of a maximum number of women at principal
administrator level and for ‘enlargement’ staff, and the recruitment of a maximum
number of women as administrators and deputy administrators for the overall staff60.

The 1989-1993 Commission had 2 women Commissioners out of 17. The current
Commission is composed of 20 Commissioners, of whom 5 are women. By the end of
1999, a new Commission will be appointed.

Definite progress in women’s representation can be mentioned in the Economic and
Social Committee and in the Committee of the Regions.

The Economic and Social Committee (ESC) has 222 members drawn from the social
and economic groupings of the Member States. The nomination of women to the ESC
has risen in recent years and the proportion of women members in the current
mandate (1998-2000) stands at 17 per cent. A woman was elected as president to the
ESC for the first time in 1998.

56 European Parliament Directorate for Research, Differential Impact of the Electoral Systems on Female

57

Political Representation, Women’s Rights Series, No. 8, 1997.
Inter Parliamentary Union, Electoral Systems: A Worldwide Comparative Study, Geneva, 1993; Men and
Women in Politics: Democracy still in the Making, Geneva, 1997.

58 Women’s European Network of Documentation and Information, Paris, France.
59 Council Regulation 781/98 of the 7.4.98. OJ L 113 of 15.4.98, p. 4.
60 SEC(1998) 518.

22

The 222 Members of the Committee of the Regions are nominated for a period of four
years. The proportion of women nominated to the Committee for its second term of
office (1998), increased to 14.9 per cent from a proportion of 9.9 per cent in the
Committee’s first period of office (1994-1998).

No progress can be observed in the Court of Justice of the European Communities,
which consists of 15 Judges, and nine Advocates General, all of whom are men. The
Court of First Instance, composed of 15 Judges was added to the Court of Justice in
1989 and includes two women judges. In the Court of Auditors, all 15 Members are
men.

The next steps

Elections or changes of government occurred in almost half of the Member States
over the last 24 months. In most cases there has been a clear increase of the number of
women in governments and national parliaments. In addition to these factors, the
mobilisation for elections to the European Parliament
in June 1999 has further
heightened interest in the political sphere. These developments have increased the
potential for action in favour of a balanced participation of women and men in
politics. In this favourable context, 1999 is the year when Member States must report
on their actions in this field pursuant
taken in Council
Recommendation (96/694/EC)61 of December 1996, on the balanced participation of
women in the decision-making process.

to the commitment

For the preparation of this report the Commission organised a seminar62 in May 1998,
in order to support Member States with the development of integrated national
strategies enhancing women’s participation in decision-making. Assembling national
key-actors, the seminar provided a forum for exchange and dissemination of good
practice already under way in many countries. During 1999 the Commission will
request from the Member States and the European Institutions (also addressed in the
Recommendation) the information necessary to assess the implementation of the
Recommendation for the first three-year period since its adoption. The report will
serve as a basis for a systematic comparison of national policies in favour of a gender
balance in the coming years. It will become an important tool for the monitoring of
progress in the field.

This would also contribute to the establishment of indicators and benchmarking in the
field of decision-making which can feed into the EU monitoring of Beijing Platform
of Action (see chapter 1). For the 1998 Council review of the Beijing follow-up, the
Austrian Presidency prepared a discussion paper on the importance of gender
disaggregated data, indicators and benchmarking. The paper focused on the promotion
of women in power and decision-making, more specifically women in political
decision-making, as a strategic objective,
recognised by Member States. The
agreement expressed by all Member States on this approach at the Employment and
Social Affairs Council of 2 December 1998, indicates the high-level commitment of
the European Union political leaders to mark progress towards a gender balance in

61 OJ L 319/11 of 10.12.1996.
62 Brussels 11 May 1998.

23

decision making in politics. This commitment
political commitment of the European Institutions to the same direction.

joins and mutually reinforces the

SECTION 4: EQUALITY LEGISLATION

Introduction

1998 was a year of consolidation as regards the legal aspects of equality of treatment
between women and men. In legislative terms, the Council adopted two Directives,
extending to the United Kingdom the Directives on the burden of proof and on part-
time work, adopted in 1997 under the Social Protocol. This new extension to the
United Kingdom, following the extension, in 1997 of Directives on parental leave and
on informing and consulting workers, symbolises a return to a balanced and unified
social policy. These Directives have updated and completed the European Union's
framework of equality law.

In terms of judgements, the Court of Justice has given an unusually high number (11)
of important judgments in the area of equal treatment between women and men. For
several other cases, where a hearing was held in 1998, a judgment is expected in the
coming months. This high number of judgments undoubtedly indicates a rise in the
level of awareness of their rights by female workers who feel they are discriminated
against in terms of pay, access to employment, working conditions or social security
rights. 1998 has also been a year of examining the practical implementation of
equality directives by the Member States, and where necessary, taking infringement
actions to ensure correct implementation. The adoption by the Commission in 1999 of
two reports on the implementation of the Directives on maternity and parental leave
will further reflect the objective of a strict scrutiny of the proper implementation and
application of Community equality law by Member States.

Protection of pregnant women and women who have recently given birth

In accordance with Article 14 of the Council Directive 92/85/EEC of 19 October
1992, concerning the implementation of measures to promote the improvement of
health and safety for pregnant women, women who have recently given birth or are
breast-feeding at work (10th specific Directive within the meaning of Article 16
paragraph 1 of the Directive 89/391/EEC),63 the Commission is to adopt a report on
the implementation of this Directive in the Member States. In its report, compiled on
the basis of the responses provided by the Member States to a questionnaire, the
Commission verified that most of the provisions of the Directive had been transposed
correctly.

It is of particular interest to note that, although all national legislation is in line with
the Directive on this point, major differences appear between Member States
concerning both the length of maternity leave and the level of remuneration or
allowance paid during this period. In this respect, it is worth mentioning that in
Portugal, the law relating to the protection of maternity of pregnant workers (and
paternity) was amended in 1998,
increasing maternity leave to 110 days from
1 January 1999 and to 120 days from 1 January 2000. Other aspects of the

63 OJ L 348 of 28.11.1992, p. 1.

24

transposition measures in the Member States, however, call for certain reservations as
regards their compatibility with the Directive. The Commission has initiated
infringement proceedings against Member States, which have not transposed certain
provisions of the Directive correctly.

The European Court of Justice has, moreover, given two extremely important
judgments in the Brown v. Rentokil case64 and the Boyle65 case relating to the
protection of the rights at work of pregnant women and women who have recently
given birth. The Brown judgment provides that women with pregnancy related
illnesses must not be discriminated against, and is a complete reversal of the Court’s
previous judgment in the Larsson case.66 The judgment in the Boyle case was the first
on Directive 92/85/EEC on pregnant workers. In a complex judgment concerning the
relationship between the rights granted under the Directive and more generous rights
under the contract of employment, the Court confirmed, amongst other things, that
women have a right to 14 weeks continuous maternity leave which may not be cut
short or interrupted by a period of sick leave.

Burden of proof in cases of sex discrimination

On 13 July 1998, the Council adopted a Directive67 extending to the United Kingdom
Directive 97/80/EC68 on the burden of proof in cases of discrimination based on sex.
It gives the United Kingdom until 22 July 2001 to implement Directive 97/80/EC.

Parental Leave

The deadline for the implementation into national law of the Directive 96/34/EC69 of
3 June 1996 on the framework agreement on parental leave concluded by UNICE,
CEEP and ETUC, was 3 June 1998. The Commission began infringement proceedings
against Italy, Luxembourg and Portugal for failing to transpose the Directive within
the given period. Ireland and Austria used the possibility of Article 2, paragraph 2 of
the Directive to delay the implementation of the Directive. The Commission is
examining the national legislation of the Member States that have transposed the
Directive.

There is a new commitment at national level to invest in work-family arrangements to
provide leave for working parents. Many changes took place during 1998. Some
Member States, which already had parental leave provisions, decided to improve them
(Netherlands). Others, which had no or limited statutory parental leave, announced
their timetable to comply with the Directive, (Ireland, Luxembourg, and the UK)
while Italy developed a law to address maternity leave, parental leave and working
hours. Austria introduced the right of parents on parental leave to take up temporary
paid employment to help re-entry into the world of work.

64

65

Judgment of ECJ on 30.06.1998, Case C-394/96, Brown v. Rentokil , [1998] ECR I 4185.
Judgment of ECJ on 27.10.1998, Case C-411/96 Margaret Boyle and others v Equal Opportunities
Commission[1998] ECR (n.y.r.).

66 Case C-400/95 Larsson v Føtex Supermarked [1997] ECR I-2757.
67 Directive 98/52/EC, OJ L 205 of 22.7.1998, p. 66.
68 OJ L 14 of 20.01.1998, p. 6.
69 Directive 96/34/EC, OJ L 145 of 19.6.1996, p. 4.

25

Equality of treatment between women and men in the social security field

The Commission launched infringement procedures against all Member States for
non-communication of transposing measures of Directive 96/97/EC70 of 20 December
1996 amending Directive 86/378/EEC on the implementation of the principle of equal
treatment for women and men in occupational social security schemes) ('Post-Barber
Directive') by the deadline of 1 July 1997. Currently, infringement procedures for
non-communication are continuing against only three Member States (France, Greece,
and Luxembourg).71

On 11 December 1997 the Court of Justice gave an important judgment on the right
not to be discriminated against in terms of access to an occupational pension scheme
by part-time workers.72 The Court held that periods of service of part-time workers
must be taken into account retrospectively for the purposes of calculating additional
benefits, and that the direct effect of Article 119 of the Treaty was not limited by
Protocol N°2 annexed to the Treaty on European Union.

Equality of treatment in statutory schemes of social security

The Court specified the real meaning of derogation to the principle of equal treatment
still authorised by Directive 79/7/EEC73 of 19 December 1978 on progressive
implementation of the principle of equal treatment between women and men in the
social security field (statutory schemes) by virtue of its Article 7 (paragraph (1)(a)
(pensionable age). By its judgment of 30 April 199874 in the DeVriendt and other
cases,
the new Belgian legislation on pensions is in
conformity with Directive 79/7/EEC.

the Court recognises that

Homeworking

In its Medium-term Social Action Programme (1995-1997), the Commission had fully
recognised the need to strive at European level to improve the working conditions of
the large numbers of homeworkers. On 27 May 1998, the Commission adopted a
Recommendation75 concerning the ratification of International Labour Organisation
(ILO) Convention No. 177 on Homeworking of the 20 June 1996. According to
available figures, around seven million people in the European Union usually perform
their work at home. At Community level, this is equivalent to 4.9 per cent of the
working population. The ILO Convention provides,
that countries,
which ratify it, must adopt, implement and periodically review national policy on
homework aiming at improving the situation of homeworkers, in co-operation with
the social partners. In the Recommendation adopted by the Commission, Member
States, which have not yet done so, are invited to ratify the ILO Convention and to
inform the Commission, before 10 December 1999, of the steps taken pursuant to the
Convention.

in particular,

70 OJ L 46 of 17.2.1997, p. 20.
71 For details, see 15th annual report on the control of the application of the Community law 1997, COM(98) 317

final of 19 May 1998, Annex IV p.48.

72 Case C-246/96, Magorrian and Cunningham, [1997] ECR I-7153.
73 OJ L 6 of 10.1.1979, p 24.
74
75 OJ L 165 of 10.6.1998, p. 32.

Judgment of 30.04.1998, Cases C-377/96 to C-384/96 DeVriendt and others [1998] ECR I-2105.

26

Further steps to better defend women’s human rights and combat gender based
violence

The fight against trafficking in women maintained a high profile within the European
Union during 1998 and was the subject of a new Commission Communication in
199876. In order to assure continued political and financial support for actions in this
the Commission presented a proposal77 to provide a legal basis for the
field,
DAPHNE Initiative in May 1998.78 This will assure continued support to NGOs
activities in the fight against violence against women, including trafficking and will
be open to the eleven applicant countries.

The European Parliament, the Commission, the Member States and NGOs undertook
preparations during 1998 to establish a European Union wide campaign for zero
tolerance of violence against women in 1999.79

The European Observatory on Violence against Women, supported by DAPHNE,
presented the concerns of European NGOs for better and more integrated actions at a
one-day conference in New York on the occasion of the 42nd Session of the UN
Commission on the Status of Women.80

Co-operation with countries in Eastern and Central Europe in the field of the fight
against trafficking in women is a high priority, both at government level, for example
judicial and police authorities, as well as between non-
between migration,
governmental organisations (see section 5).

New important cases before the European Court of Justice

In the Anderson case81 the Universities' Appeal Board has referred a question
concerning the appointment of a woman as Professor of Hydrospheric science at the
University of Goteborg. The crux of the question is whether a woman who is less
qualified than a man who also applies for the job can be appointed in order to give
effect to the University's policy of increasing the number of women professors. This
case may provide an opportunity for the Court to refine its previous case law on
positive action82.

The Swedish Labour Court has referred the case of Svenaeus83 to the Court for a
preliminary ruling on the question of job classification schemes. Despite the legal
requirement of equal pay, in practice women are discriminated against in terms of pay
and for the first time the Court itself will have to make a decision on job comparison,
and may give guidelines on how the wage gap between women and men can be
effectively tackled.

76 Adopted on 9.12.1998.
77 COM(98) 335 of 20.5.1998.
78 Referred to the Council by the Commission on 9 July 1998.
79 Report of Mrs Marianne Eriksson of 16.7.1997, EP 220.962.
80 UN Commission on the Status of Women, 42nd session, UN Headquarters, 12-13 March 1998.
81 Case C-407/98, OJ C1/10 of 4.1.1999.
82 Marschall, Case C-409/95, [1997] ECR I-3051.
83 Case C-236/98.

27

SECTION 5 : EQUALITY AND ENLARGEMENT

Gender equality - a condition of accession

A new stage in European integration is emerging as we enter into the 21st Century.
More than 100 million new citizens from Bulgaria, Cyprus, the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia have
expressed their desire to become members of the Union.

The social dimension is an essential element of the Community order and gender
equality and equal opportunities are an integral part of the social dimension. There is
no accession without equal opportunities between women and men. This message has
been clearly formulated by the European Parliament and by the European
Commission.84

Legal acquis

The European Union is a Union based on law. The body of common rights and
obligations which apply to all the Member States within the European Union is called
the “acquis communautaire” (the “acquis"). The first condition of membership in the
Union is that the candidate country accepts and transposes that acquis and secondly,
thereafter applies the laws adopted. The acquis in the field of equal opportunities
comprises eight directives in the area of equal pay, equal access to work and
promotion, equal
in social security and in a self-employed capacity,
protection of maternity and parental leave.

treatment

The Screening exercise

The process by which the Union explains its acquis and examines the laws of the
candidate States is called "screening". The first examination was based on a
questionnaire filled out by the Candidate States along with several meetings with
officials from the ministries responsible upon which the Commission based its
opinion. In March 1998, Cyprus, the Czech Republic, Estonia, Hungary, Poland and
Slovenia were judged to be the applicant countries closest to fulfilling the criteria for
membership of the European Union. A further stage in the enlargement process was
reached, when a complex series of multilateral and bilateral meetings with these
countries were held to analyse the application of the acquis communautaire. In-depth
meetings relating to equal opportunities legislation took place between October and
December 1998.

Results of the Screening exercise

After the meetings with the countries the Commission analysed the state of legislation
in the respective countries and came to the conclusion that in the field of equal
opportunities the principle of non-discrimination on grounds of sex can be found in
the constitutions of all the applicant countries. However, the representation of this
principle in civil and labour codes is much more uneven. This raises many questions
concerning the enforcement of equality provisions. The only case on gender
discrimination ever ruled on in a central and eastern European country is a Hungarian

84 Heidi Hautala and Commission Representatives 8.10.1998 in Bled, Slovenia.

28

case.85 The Hungarian Monor City Court considered that an advertisement in which a
young man was sought was incompatible with Hungarian law.

Directives on equal treatment, such as equal access to work and training, and equal
pay are currently incorporated into legislation in most candidate countries. Directives
on parental leave and on the burden of proof which defines indirect discrimination,
are, however, translated into national law in only two countries.

Pre-accession strategy

In the Agenda 200086 the Commission defined its pre-accession strategy for the
former communist States of Central and Eastern Europe. The strategy includes the
definition and development of accession partnerships involving precise commitments
from the applicant countries, relating in particular to democracy and macro economic
stabilisation. A national programme for the adoption of the Community acquis within
a precise timetable, focusing on the priority areas defined in each opinion87 is also
included. At the heart of this strategy is support for ‘institution-building’. This means
support for the development of the institutional and administrative structures in each
the acquis
country, especially those that will
communautaire. This corresponds first and foremost with the PHARE programme but
also the participation in existing community programmes.

facilitate the application of

The enlargement process has involved all the European institutions - the European
Council,
to invest
the Commission and the Parliament - in a concerted effort
resources, time, reflection and effort into integrating the CEECs into the European
Union. To achieve this goal, new instruments and strategies have been formulated and
agreed upon in anticipation of the major changes that enlargement will bring, in
particular for those countries in transition to a market based economy.88

Women’s employment and professional life

It must be ensured that in the transition to a market economy and in the enlargement
process generally, women are not affected negatively and that
they have full
opportunity to share in the benefits.

In the countries of central and eastern Europe, women have traditionally been strongly
integrated into the economy through paid work. Today, with the restructuring to
market oriented economies, their position has become vulnerable.

Women in central and eastern Europe enjoyed a high degree of education and
training. They participated in many areas of the labour market on an equal footing
with men, and could rely on a comprehensive system of childcare facilities. They had
an important share of parliamentary representation, as female candidates for
Parliamentary seats were encouraged by the Governments, and their participation
sometimes regulated through quotas.

85 Case Kadar, Monor City Court, N° 3p21321/1997/13, Hungary.
86 COM (97) 2000.
87 Commission's opinions on application for membership of the European Union.
88 Regulation 622/98, OJ L 85 of 20 March 1998.

29

These factors have, in some countries, led to a backlash in the transition period, with
the promotion of the traditional role model for women within the male breadwinner
family. The backlash has been accompanied by increased pressures on women, with
the closing of childcare facilities following the dismantling of large State-run
enterprises and the rising costs of childcare.

Unemployment figures for women are higher than those of men in some, but not all,
countries. The restructuring of large industry resulted in more unemployment for men.
The service sector in which women predominantly work was not as strongly affected
by the transition. It is possible, however, that women’s participation could decrease in
the service sector should men start to enter it. Taking account of differences in the
measurement of unemployment, employment rates provide a good measure of
comparison between the European Union and the CEECs. Women’s employment
rates in countries such as Romania and the Czech Republic, are on a par with those of
Finland. They are lower than the employment rates for women in the UK or Sweden,
where part-time work is an important component of labour involvement.

Some States, such as Romania, have increased the period of maternity leave. In
Slovenia, a comparable proposal was hindered by a women’s lobby who feared that
women would lose their employment opportunities if they interrupted their work for
longer periods.
In the area of maternity, parental and family leave, diverse
frameworks can be discerned in the approaches which prevail in the various CEECs.
Women are also more heavily affected by the cutbacks in health services and by the
substantial ongoing restructuring of social protection systems.

Women’s representation and participation

Participation and representation in decision-making bodies is a core element of
democracy and indispensable for a society based on law and fundamental rights.

Women are rather poorly represented in the Parliaments of the candidate countries.
Indeed, some Parliamentary Assemblies (for example, Romania) are 95 per cent male.
There is evidence among women of a certain lack of interest in the formal political
arena, particularly at national level. Strong interest and involvement at local level can,
however be observed. In almost all countries, a wide range of NGOs are involved in
all areas of concern to women. These NGOs are generally very small and their
financial and other resources are either insufficient or non-existent.

30

30

Proportion of women in the national parliamentary
assemblies of the candidate countries (%), 1998*

0

17,5

14,7

13,9

12,7

10,9

10,8

9
8,3

7,8

5,5
5,4

17

26,8

Source: Inter Parliamentary Union.
Note: *at 25.09.1998.

Enforcement of equality rights

L ithuania

S lovakia

1998

Czech R epublic

P oland

E s tonia

B ulgaria

L atvia

H ungary

S lovenia

R omania

Cyprus

E U15

E P

As stated above there are non-discrimination clauses in the constitutions, but there is
no tradition of claiming rights to non-discrimination. One of the main issues in the
field of gender equality is therefore the empowering of women to take cases of
discrimination to Court. In order to do this, support structures on different levels are
necessary.

With the exception of Bulgaria, all
the CEECs either have or are presently
establishing, a unit in a ministry or an office for women, or an ombudsman for the
infringement of equality rights. The units, frequently very small, are often very active
and have been interested in exchanging experiences and learning from European
Union approaches, such as mainstreaming equal opportunities in all policy areas.
Some countries entrust the task of monitoring equal treatment relating to pay and
working conditions to the labour inspectorates. Others are still
looking for and
exploring operational control mechanisms. In order to give concrete help to enable
women to enforce their rights, permanent structures, also introduced at regional level,
are necessary.

There was an important development in Cyprus,89 in 1988, when the Permanent
Central Agency for Women's Rights was set up. This agency was reformed and
renamed in 1994 to the 'National Machinery for Women's Rights'. A new Strategic
Development Plan for the period 1999-2000 is now under preparation.

89 Strategic Development Plan 1994-98. Ministry of Labour and Social Insurance of the Republic of Cyprus.

31

The Commission's Support for ‘institution-building’ on the equality field.

• Seminars

In order to help the candidate countries to become familiar with the acquis and its
enforcement, the Commission’s Technical Assistance and Exchange Office (TAIEX)
organised in June 1998 a seminar in Brussels90 for all eleven countries on enforcement
structures, which allowed for the presentation of different models and experiences
from the Union and the CEECs. Other seminars in more focussed topics are foreseen
to take place in 1999.

• High level contact and conferences

The Commission received a large number of officials from the respective ministries
and took part in seminars and conferences organised by the candidate countries or the
Nordic Council of Ministers to explain the acquis and the administrative structures
necessary for the implementation.

In order to reach a wider public, and to convey the importance of respecting equal
opportunities for women and men in the enlargement process,
the Commission
services and TAIEX, together with the Slovene Office for Women, invited delegations
from all CEECs to a conference in Bled, Slovenia, in October 1998. The conference
went beyond the technical questions relating to implementation by also addressing
issues of decision-making, violence and mainstreaming. The main message from the
conference was that equality between women and men is a core element of
democracy, and therefore of accession. In their recommendations,91 the participants
underlined the need for equal representation of women in decision-making positions,
and respect for their human rights.

• Networking activities

Following a request from the participants to the Bled conference, the Commission has
established an electronic information point including a database of equality experts
from the Commission, the Member States and the candidate countries, a library and a
discussion forum. Anybody wishing to have access to this internet website with
restricted access can contact
the
Commission. At the moment the database is made up of more than fifty entries and
active discussions are taking place at the forum.

the equal opportunities unit

(DG V/D5) at

• Access to Community Programmes

Participation by candidate countries in Community programmes has been actively
encouraged. This applies to programmes such as public health, AIDS and cancer, as
well as education (Socrates) vocational training (Leonardo Da Vinci) and youth
(Youth for Europe). In 1998 the Commission has been able to give direct support to
the development and work of NGOs in central and eastern Europe through PHARE

90 Transposition and enforcement of EC Legislation in the field of Equal Opportunities, 25-26 June 1998,

Brussels.

91 Recommendations from the Agenda Equality Conference for the Applicant Central and Eastern European

Countries, 8-10 October 1998, Bled, Slovenia.

32

and TACIS. Specific attention has been given to the involvement of CEECs in the
STOP programme92 of police co-operation, established to combat
trafficking in
human beings, more particularly women and children, and especially to develop
preventive actions and information campaigns.

One of the main areas of concern in a number of countries is the issue of violence
against women and cross border trafficking in women and young girls. They are
joined in this concern by the European Parliament, the Commission, the Council and
many European NGOs. The DAPHNE Initiative93 supporting NGOs to combat
violence against women and children has also attracted applications from many NGOs
with experience in the field of trafficking.

As foreseen in the pre-accession strategy,
the Medium-term Community action
programme on equal opportunities for men and women (1996-2000) is open to
participation to countries such as those of the European Economic Area and CEECs.94
In 1998 the legal basis for the participation of Hungary was created so that it could
submit projects that year.95 For 1999,
the Czech Republic, Estonia, Lithuania,
Romania, and Slovenia have also declared their
in participating. This
participation will be a chance to share the Union’s activities and values, and a
platform for dialogue.

interest

• Future activities.

The Commission will continue to underline the necessity of fully complying with the
"acquis communautaire" by supporting campaigns which seek to inform women and
men of their equality rights. The Commission also intends to hold another high-level
conference on the importance of equality in the enlargement process.

92

Joint Action of 29.11.1996 adopted by the Council on the basis of Article K.S. of the Treaty on the EU
establishing an incentive and exchange programme for persons responsible for combating trade in human
beings and the sexual exploitation of children. OJ L 322 of 12.12.1996.

93 COM (98) 335 of 20.5.1998.
94 Council Decision of 22.12.95, Article 6. OJ L 335 of 30.12.95.
95 Council Decision of 12.10.1998, OJ L 295/40 of 4. 11.1998.

33