Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Equal opportunities for women and men in the European Union - 1999 -
Date: 2000-03-08
Institutions: European Commission
Subjects: action programme, equal treatment, gender equality, member country, report

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.03.2000
COM(2000) 123 final

REPORT FROM THE COMMISSION

TO THE COUNCIL, THE EUROPEAN PARLIAMENT,

THE ECONOMIC AND SOCIAL COMMITTEE

AND THE COMMITTEE OF THE REGIONS

Equal Opportunities for Women and Men in the European Union
– 1999 –

TABLE OF CONTENTS

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

SECTION 1: GENDER MAINSTREAMING AND SPECIFIC ACTIONS ....................... 5

SECTION 2: GENDER EQUALITY IN THE EUROPEAN EMPLOYMENT
STRATEGY

................................................................................................................... 11

SECTION 3:

PROMOTING A GENDER BALANCE IN DECISION-MAKING............ 17

SECTION 4: GENDER EQUALITY LEGISLATION..................................................... 21

SECTION 5: A GENDER PERSPECTIVE IN THE EUROPEAN UNION
EXTERNAL RELATIONS.................................................................................................. 24

2

EXECUTIVE SUMMARY

Commitment to equality between women and men was enhanced in 1999 with the entry into
force of the Treaty of Amsterdam on 1 May. The principle of equality is now enshrined in
Article 2, which sets out the aims of the Union. The European Community has been given
new tasks, legislative powers, responsibilities and potential in the field of equal opportunities.

This fourth Annual Report on Equal Opportunities for Women and Men in the European
Community presents an overview of the main developments and achievements in gender
equality at European1 and national levels in 1999 and outlines the perspectives for the
year 2000.

Gender mainstreaming and specific actions – European Employment Strategy

The Community strategy of combining the integration of a gender perspective into all of the
European Union’s policies and programmes with specific actions in favour of women was
sustained during 1999.

The report identifies the core policy areas where progress has been made in 1999, such as
structural policies,
the struggle against
research, education, development co-operation,
violence, and employment policy.

As already affirmed in the 1998 Annual Report, the European Employment Strategy provides
a particularly good example of the positive consequences of including gender in the
mainstream of a large-scale co-ordinated economic process.

When Member States drew up their 1999 National Action Plans on Employment, the equality
issue was taken up in a more dynamic way than the year before but despite progress made to
advance gender equality much remains to be done in certain areas. Efforts in this direction
need to be strengthened in the years to come. Women are paid less than men. Recent
EUROSTAT statistics from the Structure of Earnings Survey show that the gender pay gap
remains high. In the private sector women's earnings on average are 28 per cent less than
men's. Women are still unemployed more and longer than men. They are also less integrated
into the labour market. The new Regulations on the Structural Funds and in particular the
European Social Fund are designed to contribute to improve this situation.

Gender balanced participation in decision-making

The European Community has been one of the prime promoters of changing the status of
women in society, not only through law but also through measures promoting de facto
equality. However, inequalities continue to exist, in particular with regard to the participation
of women at the level of decision making. Unless the participation of women from all walks
of life increases in this field, as this report shows, they will not be able to exercise influence
properly so that policy making and decisions will reflect the social, economic and cultural
values of society as a whole.

The agreement reached by the Council to develop a common measurement system of gender
progress in political decision-making is a step towards redressing this imbalance.

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

Gender equality legislation

The new Treaty of Amsterdam and the continuing development of European jurisprudence
have equipped the European Union with a wide-ranging legal framework in the field of
equality.

As the report shows, the Court of Justice of the European Union issued a considerable number
of judgments during 1999, which are complementary to legislative work in favour of equal
opportunities. The legal edifice which guarantees equality of access to employment to women
and men is on the way to completion, albeit with improvements to be made. The promotion of
equal opportunities is now an obligation for all institutions, at all levels, and has to be taken
on board.

A gender perspective in the European Union external relations

The situation of women raises concerns in many parts of the world. In the process of
enlargement as well in its human rights and development-cooperation policies the European
Union, in the context of its external relations, has a role to play in favour of promoting equal
opportunities in those countries where gender equality is still an emerging subject. The
European Union is supporting the candidate countries in their efforts in relation to the
promotion of equality between women and men. The European Community together with the
European Union's Member States worked towards the implementation of the Platform for
Action adopted in 1995 and acted in support of the Beijing+5 review process.

As the year 2000 marks the fifth anniversary of the UN World Conference on Women in
Beijing, a full and critical appreciation of the contribution of the European Union will emerge
at the special session of the UN General Assembly convened in New York in June 2000.

Equal opportunities outlook

The year 2000 will be a year of reinforcing Community policy on gender equality. The
Commission will propose an "Equality Package" before the summer 2000, consisting of
several initiatives: a new Framework Programme on Gender Equality (2001-2005), a proposal
for a new Directive and a Commission decision on a more gender balanced composition of its
committees and expert groups.

The Programme will be more comprehensive than the previous ones and will embrace all
Community policies in the effort to achieve gender equality, built around clear assessment
criteria, monitoring, benchmarking and evaluation.

The strong political support of the European Parliament and the Council as well as the new
opportunities offered by the new Treaty, in particular Articles 141 and 3 (mainstreaming)
provide the basis for this new Commission's approach.

The new Directive will amend Directive 76/207/EEC on the implementation of the principle
of equal treatment for men and women as regards access to employment, vocational training
and promotion, and working conditions by including new provisions on important issues, such
as sexual harassment
in the workplace, and by specifying better some of the existing
provisions.

4

SECTION 1: GENDER MAINSTREAMING AND SPECIFIC ACTIONS

The Community strategy of combining the integration of a gender perspective into all of the
European Community policies and programmes with specific actions in favour of women, as
now expressed in the Amsterdam Treaty, was sustained during 1999.

Soon after the nomination of the new Commission in autumn 1999, President Prodi created a
new Group of Commissioners for Equal Opportunities with four Commissioners as permanent
members, but open to all others. The Group, chaired by the President with the Commissioner
in charge of Employment and Social Affairs, Anna Diamantopoulou, as vice-president, will
promote the coherence of the Commission's actions in the field of equal opportunities inside
and outside the Commission. The practical implementation of the gender mainstreaming
strategy in all relevant fields of Community action continued to involve inter-departmental
co-operation, developing appropriate tools and methods, organisation of staff training, and
monitoring in a number of Commission services covering different policy areas.

Core policy areas were identified in 1999 where progress had been made including:
employment policy, education, research, structural funds and the struggle against violence.
Other Community policies have remained relatively untouched or have advanced at a slower
pace. The impact of gender equality on transport, and environment were pinpointed as areas
for new gender initiatives.

The Economic and Social Committee took steps to integrate a gender dimension into its
work2. The Committee of the Regions supports the Commission's emphasis on mainstreaming
and provides for the inclusion of an equal opportunities perspective in its opinions. The
European Parliament considered gender mainstreaming important enough to hold a public
hearing on the subject3.

The Commission's Gender Planning for 2000+

Considerable resources in terms of time, personnel and expertise are required to lift barriers to
developing a gender perspective in all fields and activities. Strong political support was
forthcoming for a new Community programme on gender equality after the current Medium-
term Community Action Programme on Equal Opportunities
for women and men
(1996-2000) expires. Such a Programme was supported in a Resolution of the European
Parliament4 and by the Labour and Social Affairs Council in its October Conclusions. Such a
Programme could sweep a broad line-up of specific and general equality policies into a single
all-encompassing framework. From domestic violence in the home to women’s human rights
overseas, a more ambitious co-ordination of equality actions would heighten visibility and
impact and distil the monitoring of progress in gender equality.

2

3

4

ESC 286/99 of 22-23.10.1999.
European Parliament, Women's Rights Committee, Public hearings on mainstreaming equal
opportunities, 20.4.1999.
Resolution of the European Parliament of 4.5.1999 based on Document No. A4-0194/99 - Final Edition.

5

Developing Mainstreaming Instruments in the Member States

Actions and events in the Member States to implement
the twin track approach of
mainstreaming and positive action unfolded using a variety of interesting instruments.
Strategies included general plans (Portugal, Sweden), strategic policies (Netherlands),
(Austria, UK), and legislative screening (Greece). Women’s
addressing new fields
entrepreneurship became important parts of industrial programmes in Italy and Greece.

The under-representation of women in decision-making in France was addressed in law with
the adoption of a new legal arrangement on 8 July 1999, the objective of which is to achieve
parity between women and men in political life. The newly elected government of Finland has
fixed gender mainstreaming in the state administration as one of its equality objectives5. In the
UK (Northern Ireland) the Equality Commission has taken over from the existing bodies
dealing with gender, race, disability and fair employment on religious grounds. A broadly
similar equality infrastructure was put in place in Ireland to eliminate discrimination on
eleven grounds including gender.

Equal opportunities in the new Structural Funds and the new Community Initiatives

€

Structural policies constitute the main Community instrument for promoting cohesion, for
improving employment and integration and for achieving sustainable development. Some
195 billion
will be channelled into the new Structural Funds for the years 2000-2006. Thus,
increasing the capacity of the Structural Funds to promote equality of opportunity between
women and men is a significant advance.

The General Regulation for the Structural Funds (2000-2006) approved by the Parliament6,
and formally adopted by the Council7, incorporated gender mainstreaming as an obligation.
The Regulation states that ‘in its efforts to strengthen economic and social cohesion through
the Structural Funds, the Community also seeks to promote (…) equal opportunities for
women and men’. It stipulates that the Structural Funds are to ‘help to eliminate inequalities
and promote equal opportunities for men and women’. Of the 56 Articles of the General
Regulation, ten concern equal opportunities, which became a transversal theme integrated into
all programmes and actions.

For the next period, the ex-ante evaluation of national plans is to include a gender assessment
(Article 41 of the Regulation). Wherever possible, indicators should be broken down by sex
(Article 36). Within monitoring committees (Article 35) ‘partners shall promote the balanced
participation of women and men’. When nominating partners at national, regional and local
level, Member States (Article 8) should also take ‘account of the need to promote equality
between men and women’. The same provisions are carried into the Regulations for individual
funds - the European Social Fund (ESF) where ‘people’ are the focus, but also the Funds for
agriculture, fisheries and regional development.

5

6

7

Finland also gave priority to the critical area of concern - Violence against women.
Parliament Decision, 6959/1/99 REV 1, C4-0215/99.
EC Regulation N°1260/1999 of 21.6.1999. OJ L 161 of 26.6.1999.

6

The new ESF has been aligned with the four pillars of the Employment Guidelines. The ESF
objectives cover five key policy areas including equal opportunities for women and men as
part of the drive to achieve equality. The ERDF8 will support ‘equality between women and
men’. The EAGGF9 will support rural development activities concerning the ‘removal of
inequalities and the promotion of equal opportunities for men and women, in particular by
supporting projects initiated and implemented by women’. A new provision in the FIFG10
provides for the promotion of equal employment opportunities between women and men
working in the fisheries sector.

What is new is not the recognition of equality, but the strengthened status it has acquired in
the reshaping of the legal framework of the Structural Funds over the next seven-year period.
It is expected that the new provisions on monitoring and evaluation will have an important
impact in furthering equal opportunities between women and men.The New Opportunities for
Women (NOW) strand of the Employment Initiative has been a major source of good practice
in equality over the past
ten years and experience gained is to be integrated into the
mainstream. An equality dimension has been included in all proposals for Community
Initiatives as proposed by the Commission at the end of 1999 for the period 2000-2006.

The EQUAL Community Initiative11 based on the experience of the Employment and Adapt
initiatives, with a budget of 2,847 billion EUR, aims in particular at combating any form of
labour market discrimination based on sex, race or ethnic origin, religion or belief, disability,
age, or sexual orientation. In particular, as far as gender equality is concerned, developing
new forms of work organisation to reconcile family and professional life and reducing gender
gaps and supporting job desegregation are among the key priorities.

The LEADER Initiative12 considers young women and men as levers to the development of
rural areas. The Commission stipulates in its proposal that it wishes to support in priority
strategies aiming at the improvement of jobs and/or activities for those targeted groups. Low
pay and unequal pay between women and men aggravate the conditions of living for women
in agriculture.

In its proposition for the INTERREG Initiative13, the Commission states that programming
has to take into consideration the general orientations of the Structural Funds and to
contribute to the promotion of equal opportunities for women and men. Concerning the
URBAN Initiative14, the Commission states that strategies will have to respect the principle of
equal opportunities for women and men.

Research and education policies - towards gender equality

Research

The new fifth Framework Programme for Research embraced the gender mainstreaming
approach as presented in the Communication on women and science that was adopted by the

8

9

10

11

12

13

14

European Regional Development Fund.
European Agricultural Guidance and Guarantee Fund.
Financial Instrument for Fisheries Guidance.
COM(1999) 476 final of 13.10.1999.
COM(1999) 475 final of 13.10.1999.
COM(1999) 479 final of 13.10.1999.
COM(1999) 477 final of 13.10.1999.

7

Commission in February15. In this communication, the Commission presents an action plan
with two objectives: develop a policy dialogue among Member States on measures
implemented to promote women in science and develop a gender watch system within the
fifth Framework Programme itself, along three perspectives, research by, for and about
women. One of the concrete measures announced by the Commission is to establish a target
of 40% women's participation in various assemblies and panels assisting the Commission in
the implementation of the fifth Framework Programme. Gender impact studies will be
undertaken throughout the fifth Framework Programme to analyse if gender specifities have
been taken into account in the research agenda. In the "socio-economic key action", the
gender dimension is also taken into account where appropriate. The Council adopted a
resolution on "women and science"16 on May 1999. This resolution backs up the approach
proposed by the Commission, and reinforces the need for simultaneous mobilisation at
Member State and European Union level. A group of "women and science" representatives of
Member States and States associated to the implementation of the fifth Framework
Programme has been established at the initiative of the Commission to carry on the policy
dialogue and the mobilisation at all levels.

Education, Training and Youth

The second phase of the Leonardo da Vinci Programme (2000-2006) for vocational training
stipulates that
in implementing its general objectives special attention will be paid to
proposals aiming to facilitate access to training for people most at a disadvantage on the
labour market, including disabled people, and to equal opportunities for women and men,
with a view to combatting discrimination in training17. The second Socrates Community
action programme for education (2000–2006) integrates the promotion of equal opportunities
between women and men and between girls and boys in its objective to reinforce the
European element of life-long learning18. The gender dimension is one of the criterion for
selection of the programme's activities and must be included in the reporting of outcomes and
evaluation. The Commission's proposal for the new YOUTH programme, which includes
youth exchanges, youth initiatives and voluntary service also includes the promotion of equal
opportunities in its objectives19.

The promotion of equal opportunities in the instruments of the Information Society was
contained in a Resolution addressed to governments of Member States in their actions in
schools and training20.

Commission proposals for a MEDIA Plus programme (2001–2005) to encourage the
development of the European audio-visual industry will ensure that equal opportunities are
taken into account in the implementation of the programme21.

In its Helsinki Report on Sport22, the Commission recalled the important values, in particular
equal opportunities, that are associated with physical and sporting activities. Similarly, the

15

16

17

18

19

20

21

22

COM(1999)76 final of 17. 2.1999.
Council Resolution of 20 May 1999 on women and science, OJ C 201 of 16.7.1999; Fifth Framework
Programme for Research (1998-2000), OJ L 26 of 1.2.1999.
Parliament and Council Decision of 26.4.1999. OJ L 146 of 11.6.1999.
Parliament and Council Decision of 24.1.2000. OJ L 28 of 3.2.2000.
Council common position No 22/1999 of 28 June 1999 – OJ C 210 of 22.7.1999.
Labour and Social Affairs Council, Resolution of 29.11.1999.
COM(1999) 658 final of 14.12.1999.
COM(1999) 644 of 10.12.1999.

8

conclusions of the European Union's meeting on sport in May 1999 called on participants to
recognise that all aspects of sport must reflect equal opportunities. In the September 1999
study on "Sport and Employment
the gender dimension was also given
particular importance.

in Europe"23,

Gender dimension in development co-operation policies

Since the adoption of the Council Regulation on integrating gender issues in development co-
operation24, a steady progression of gender mainstreaming in this policy can be noted, most
recently when the Council reiterated its importance in the review of development instruments
and programmes25. During 1999 the process of updating 13 gender country profiles, which
had been developed in 1995, began. The European Commission together with the Member
States have discussed a format for joint reporting on progress in implementing the Council
Resolution of December 1995 on integrating gender issues in development co-operation. An
action plan for gender mainstreaming was prepared in 1999 and will be further elaborated
during early 2000. A special budget-line for mainstreaming of gender issues was used to
initiate support projects in the Mediterranean Region, Latin America and in ACP countries. In
addition, a framework contract for ACP countries enabled technical assistance, gender
training, and evaluation of past and present project work on integrating gender issues in
development co-operation to be advanced.

Gender mainstreaming was included in the European Community Humanitarian Office
strategy guidelines for 1999 in the context of humanitarian aid. A forum for an exchange of
views between the Commission, NGOs, academics and researchers on progress in the field of
gender and human rights in sexual and reproductive health programmes and policies was held
in January 199926.

Finally, preparations for the review of developments over the five years since the adoption of
the Platform for Action and Beijing Declaration at the UN Fourth World Conference on
Women in 1995 together with preparations for the Special Session of the United Nations to
review the 1995 World Summit for Social Development provided the Member States and the
Commission with an occasion to take overall stock of achievements in gender mainstreaming.

Women and violence - a year of awareness raising

The development and promotion of actions oriented specifically to women, alongside
mainstreaming approaches, is an integral part of the dual-track perspective on gender equality.
Policies, programmes and legal instruments to combat violence against women illustrate the
value of the combined strategy.

The struggle against violence against women in all its forms has succeeded in mobilising a
large array of actions, measures, legal instruments and campaigns across sectors, across
Member States and across Ministerial and departmental boundaries.

23

24

25

26

Study for the European Commission by the European network of sport science institutes – European
observatory on employment in sport.
OJ L 354 of 30.12.1998.
Development Council meeting, Brussels, 21.5.1999.
European round table, Brussels, 21-22 January 1999.

9

The Commission proposal for a Council Directive on the right to family reunification27
devotes special attention to the situation of third-country national women, who are victims of
domestic violence: they are protected from automatic removal if they are forced to leave their
family home.

€

The first ever European-wide information campaign to raise awareness on violence against
women with a budget of 2.5 million
was launched with a Declaration by the Commission
before the European Parliament on the 8 March 1999. It had been originally devised by the
European Parliament’s Women’s Rights Committee and had been high on the agenda of
women’s NGOs. The year long campaign was strongly supported by the Commission and will
close in Lisbon in May 2000.

With the support of the Commission,
the German Presidency of the European Union
organised a conference on violence against women in March 199928. At an informal meeting
of equal opportunities Ministers held in Berlin on 14-15 June, the Commission declared that
much remained to be done in the field of violence against women citing : the support for
women in Kosovo, action measures oriented towards men, support for NGOs working with
battered women and their children and support for young girls and women who have suffered
violence. The Finnish Presidency of the European Union continued with high level efforts to
draw attention to the problem of violence against women by convening an expert conference
on the subject29.

Combating violence against disabled people was the theme chosen for the conference on the
European Day of Disabled People, on 3 December 1999. The theme's specific pertinence to
women with disabilities was underlined.

Eurobarometer published the results of research into European attitudes on violence against
women, one of the largest cross-national studies of its type30. The study found that few
Europeans claim to know any victim of violence although they believe the problem is
widespread. Contrary to research evidence, most Europeans believe that victims of violence
are most at risk from strangers rather than people they already know.

The DAPHNE Programme 2000-2003 was adopted on December 199931. The Programme is
in the forefront of the fight to ensure gender equality, as it seeks to protect female victims,
both women and girls, from violence. It will continue to support the type of actions supported
hitherto under the DAPHNE Initiative32. In addition it will support applications by public
authorities as well as from organisations in the private sector. It will also be opened to the
candidate countries and the EEA/EFTA countries and it will support multi-annual actions.

Combating trafficking in women and sexual exploitation continued in 1999 to be high on the
political agenda. The policy in this field is characterised by the central focus put on the
victims of trafficking and on the need to involve all the persons responsible (multidisciplinary
approach) to fight against this form of violation of human rights and human dignity. The

27

28

29

30

31

32

COM(1999) 638 final, 1.12.1999.
German Presidency Conference on violence against women, Köln, Germany, 29-30 March 1999.
Expert Meeting on Violence, Jyväskylä, Finland, 9.11.1999.
Eurobarometer 51.0: attitudes to violence against women, Directorate-General for Education and
Culture, 1999.
European Parliament and Council Decision No. 293/2000, OJ L 34 of 9.2.2000.
COM(1999) 82, OJ C 89 of 30.3.1999.

10

STOP Programme (1996-2000)33 continued in 1999 to support training, projects, seminars,
studies, involving to a larger extent also partners from the candidate countries related to
actions against trafficking in women and sexual exploitation of children. The European
Council conclusions in Tampere34 put emphasis to the fight against trafficking in human
beings. The Commission has announced35 that legislative proposals would be put forward on
common definitions, incriminations and sanctions, including the issue of temporary permits of
stay for victims of trafficking that are prepared to give evidence. It has been also announced
that a proposal for a renewed five-year STOP programme opened up to candidate countries
will be put forward.

Under the ODYSSEUS Programme36 on training, exchanges and co-operation in the field of
asylum, immigration and external frontiers, the Commission supported projects benefiting
women refugees and asylum-seekers.

The Commission has been involved in work carried out by the OSCE in the field of
the
trafficking against women since 1999. The issue was specifically addressed at
supplementary human dimension meeting on gender issues in June 1999, at the OSCE review
conference in September 1999 and at the Istanbul summit
in November 1999 where a
2000 action plan for activities to combat trafficking in human beings was launched.

The involvement of the travel and tourism industry in combating sex tourism moved forward
when the Commission adopted a Communication on the implementation of measures to
combat child sex tourism over the period 1997-199837. An immediate follow-up was the
formation of a team of communication experts at European level to publicise actions against
sex tourism38. There is now an expressed willingness from the tourism industry to address the
issue and to support a Commission involvement to back the industry in their efforts39.

SECTION 2: GENDER EQUALITY IN THE EUROPEAN EMPLOYMENT
STRATEGY

Important progress

In the two-year period since the launch of the European employment process in Luxembourg
in 1997, equality between women and men has been integrated into the employment policy
agenda. It is now accepted that Europe needs the skills, experience and active involvement of
women from all walks of life in the workforce in order to strengthen its growth and cohesion.
Initially, equal opportunities were introduced as one of the four Pillars in the 1998
Employment Guidelines, together with employability, entrepreneurship and adaptability. The
need to mainstream equal opportunities across all the pillars of the Guidelines was accepted
by the Council and a new Guideline on gender mainstreaming was introduced into the 1999

33

34

35

36

37

38

39

Joint Action 96/700 JHA, OJ L 322 of 12.12.1996.
15-16 October 1999.
COM(1999) 349, final of 14.7.1999. Crime victims in the European Union - Reflections on standards
and action.
Joint Action 98/244/JHA, OJ L 99, 31.3.1998.
COM(1999) 262 final of 26.5.1999.
OJ S 101 of 27.5.1999.
Study conducted by the European Commission, DG for Enterprise, co-ordinated by Strat and Com,
Brussels, undertaken at the International Tourism-Börse, Berlin, March 1999.

11

Employment Guidelines.40 This reflected a significant strengthening of the European Union
commitment towards equal opportunities. In the Helsinki European Council conclusions41,
equal opportunities between women and men was singled out as an area for particular
attention in labour market reform.

The 1999 National Action Plans for employment

The Commission carried out a detailed assessment of the National Action Plans for
Employment in 1999 to gauge the extent to which each Member State had complied with the
commonly set objectives of the Employment Guidelines. While the principle of gender
equality was taken into account in the 1999 National Action Plans on Employment, not all
Member States fully applied the gender mainstreaming principle.

The Joint Employment Report adopted by the Council
in December 1999 reviews the
employment position across the European Union and in individual Member States and
analyses the NAPs42. From this analysis, the Commission developed recommendations on
employment policy for each of the Member States, which were in turn examined by the
Council. In its Recommendations, the Commission noted that further action was needed to
close the gender gaps in employment, unemployment and pay, to redress the unbalanced
representation of women and men across sectors and occupations, and to improve care for
children and other dependants43. The high number of recommendations on gender issues is
indicative of the importance the Commission attaches to equal opportunities. Themes
highlighted in particular were:

- the need for an examination of the tax-benefit systems in order
unemployment and inactivity levels;

to address high

- the importance of exploiting the jobs potential of the services sector;

- a need to develop specific measures aimed at increasing participation rates of older workers.

The gender equality pillar

• Gender mainstreaming

Promoting a gender mainstreaming approach across all four pillars was a key new feature of
the Employment Guidelines for 1999. In the 1999 NAPs, all Member States either applied or
stated that they plan to apply gender mainstreaming. Many Member States are still in a
preparatory or early stage of the process.
the application of gender
mainstreaming is shown by the development of new methods for researching, measuring
analysing and researching the gender impact of employment measures. In relation to Pillar 1
(employability), approaches adopted by Member States included giving statutory rights to
access to active labour market policies or positive action measures to ensure equal access. In
relation to Pillar 2 (entrepreneurship), the majority of Member States launched specific

In most cases,

40

41

42

43

Guideline 20: Council Resolution of 22.2.1999.
Presidency Conclusions, Helsinki European Council of 10-11 December 1999.
Approved by joint ECOFIN-Labour and Social Affairs Council of 29.11.1999 and adopted by the
Helsinki European Council on 10.12.1999.
Commission Recommendation for Council Recommendations on the Implementation of Member
States’ Employment Policies COM(1999) 445 of 8.9.1999.

12

measures to encourage women to become entrepreneurs. In Pillar 3 (adaptability), some
Member States mentioned the role and contribution of
in gender
mainstreaming.

social partners

• Desegregating the labour market

Reducing the gender gap in unemployment and increasing the employment rate of women
was the focus of a few Member States. Desegregation of the labour market is being tackled by
Member States through actions aimed at future labour market entrants in schools as well as at
women currently on the labour market.

Desegregation of the labour market has become a major policy objective of guideline 20.
Three countries with a very high level of segregation - Finland, Sweden and Denmark - have
taken measures to improve the situation. Diversification of education,
training and
occupational choices, backing for positive action and lifting bottlenecks to women's
employment, have all been utilised to bring about change.

• Facilitating reintegration in the labour market

In the 1999 NAPs, measures reported by Member States in respect of this Guideline are on the
whole limited to the issues of reconciliation of work and family life, active labour market
policy and increased efforts in training. For 2000, the Guideline remains unchanged, although
specific mention is made of tax and benefit systems, which may act as a disincentive for
women, and men, considering a return to the workforce.

• Reconciling work and family life

Commitment to the promotion of family-friendly employment policies varies widely between
Member States. In Sweden workers with small children have the right to work part-time. This
is planned in Germany and the Netherlands. Important efforts were made or are planned by
those countries with gaps in childcare provision (Germany, Greece, Ireland, the Netherlands,
Austria, Portugal and the UK). Sweden plans to cut the cost of childcare. In the UK much
emphasis was placed on pre-school children. Few Member States mentioned care facilities for
the elderly and concrete initiatives on care for all other dependants are lacking in all of the
National Action Plans.

The Commission has encouraged debate and exchanges of views on the reconciliation of work
and family life through a series of national seminars organised by the European Network
‘Family and Work’ during 1999. The introduction of parental leave (see Section 4) is not only
linked to gender equality but also to a variety of other considerations such as the maintenance
of family life, the situation of the labour market, declining birth rates and the interests of the
child. In Austria, for example, 60 per cent of mothers do not return to work after the final
leave period of 18 months. Men have responded remarkably well to parental leave in the
Netherlands, where leave is paid for public sector workers. In Norway, Ireland and Austria
there have been wider debates about payment for care work in terms of equity between
parents who work outside the home and those who do not.
●

Social security and tax disincentives

Although Community equality legislation has had considerable impact
in reducing
discrimination between women and men in social security, social protection systems are still

13

often based on assumptions about male and female working patterns and family roles, which
may not reflect present realities. This can significantly influence the equality of women's and
men's opportunities to benefit effectively from social protection in practice even when
equality of treatment within the system is assured44. In July 1999,
the Commission's
Communication "A Concerted Strategy for Modernising Social Protection" proposed a new
process of concertation between Member States and the Commission aimed at improving and
modernising social protection systems in the European Union45. The Communication states
that gender issues are an important cross-cutting theme of this task. The Council's conclusions
of 17 December 199946 mandated a high level group of officials from the Member States and
the Commission to begin work on the basis of these proposals, emphasising that equality
between women and men must be mainstreamed in all their activities.

The 1999 Employment Guidelines emphasised the need to address tax and benefit
disincentives to women’s participation in employment. The Commission drew attention to the
lack of initiatives at Member State level on this issue in its Recommendations to the Member
States on Employment Policy of 8th September 1999.

Ministerial Conferences to support gender equality in employment

Maintaining the high-level momentum, a European Union Ministerial Conference on gender
and employment was held in Helsinki shortly after the announcement of the Commission’s
new ‘employment package in autumn 1999’.47Organised on the occasion of the Finnish
the Informal Councils of
it sustained the continuity of
Presidency of
Belfast (1998), Innsbruck (1998) and Berlin (1999). The presence of Members of the
European Parliament and the European social partners added to the significance of the event.
Detailed discussion papers supported the Helsinki deliberations on gender mainstreaming and
tax and social security issues in the overall employment strategy.

the Council,

The significant and persistent gender pay gap was the subject of a separate Ministerial
Conference on the issue of equal pay and economic independence as a basis of gender
equality48.The need for new initiatives at European Union and national level concerning both
transparency regarding pay differentials between women and men and the implementation of
existing legislation was stressed.

Employment Guidelines 2000

The proposals for the Employment Guidelines 200049 take into account the lessons of the
1999 analysis of the National Employment Action Plans. For the sake of consistency and
continuity of efforts and to ensure that the Member States and the social partners deliver fully
on their commitment to the Luxembourg process, changes were kept to a minimum. In the
Equal Opportunities Pillar, a minor change was made to clarify Guideline 22 on facilitating
re-integration into the labour market. The Employment Guidelines for 2000 received a
favourable endorsement from the Helsinki European Council on 10 December 1999 together

44

45

46

47

48

49

Social protection in Europe 1999.
COM(1999)347 final of 14.7.1999.
Fisheries Council, Brussels, 16-17.12.1999.
Gender equality and employment policy, Helsinki, 30 September and 1 October 1999.
Conference organised
2-4 November 1999.
COM(1999) 442 of 8.9.1999.

by the Swedish Prime Minister

and the Ministers

of Equality,

14

with the Joint Employment Report, which was adopted50.The persistence of a wide gender gap
in employment rates does indicate that there is considerable scope for increasing women's
employment rate in the majority of Member States. The experience of recent years confirms
that policies to enhance women's employment are the key to strengthening the employment
rate across the European Union.

Gender equality in the public sector

including local communes,

regions and municipalities, employs a
The public sector,
significant number of women in the European Union: 44 per cent of women in employment
are in public services compared to 22 per cent of men. Therefore, the public sector has an
important role to play in the promotion of equal opportunities. In 1999 the Council of
European Municipalities and Regions employers’ platform and the European federation of
public services signed a joint declaration51 stating that ‘equal opportunities is a vital issue for
the local and regional government sector in relation to the composition of the workforce and
the role of authorities as employers’. The declaration stressed the need for initiatives to
combat sexual harassment, implement the principle of equal pay for equal work and place
equal opportunities at the centre of measures taken in the process of modernising the public
sector.

The role of the social partners in the employment process

the social partners have been involved in the implementation and
At European level
assessment of progress made under the Employment Guidelines. The participation of social
partners in the preparation of the National Action Plans, albeit in a variety of ways, has
reinforced the role they play in the shaping and implementation of labour market policy at
national level. However, in its Joint Employment Report, the Commission has stressed that
further development is needed.

The framework agreement concluded on fixed-term work by the social partners demonstrates
the important role they have to play in the Employment Strategy52.

During the meeting of the Standing Committee on Employment on 11 November 1999,
the integration of the principle of equality
representatives of employees indicated that
between women and men had to be more thorough53.

Progress has been made in some sectoral committees such as post and textiles. The postal
services sectoral dialogue committee agreed to include in its working programme for 2000 the
publication of a set of good practices in the field of equal opportunities. In the textiles-
clothing sector, a study is being undertaken to identify good practices and promote their
implementation. The representatives of the electricity sector have also included a specific
action, related to the implications of the internal electricity market and its impact on women,
in their joint work.

50

51

52

53

Presidency conclusions, Helsinki European Council of 10-11 December 1999.
Conference on equal opportunities in the public sector, 8.3.1999, Brussels.
Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term
work concluded by ETUC, UNICE and CEEP, OJ L 175 of 10.7.1999.
Meeting of the Standing Committee on Employment, 11.11.1999. Conclusions of the Presidency,
12640/99.

15

Employment trends over the 1994-1998 period

The European Union still lags significantly behind the US and Japan who have employment
rates of 75 per cent. The overall employment rate in the European Union rose slightly
between 1997 and 1998 (60 to 61 per cent) but is still lower than the employment rate in 1990
(63 per cent). This marginal annual increase means that an additional 1.8 million people were
at work. This represents the highest annual increase since 1990 and twice the increase of
1997. Raising the overall European Union employment rate above 61 per cent to an agreed
goal of 70 per cent is the task ahead. Currently, four Member States only, Denmark, the UK,
Sweden and Austria have employment rates of 70 per cent.

Despite the strong emphasis on employment policy over the five-year period 1994-1998, the
employment rate across the European Union rose by only one percentage point. This period
predates the European employment strategy. Most of this was accounted for by a rise in
women's employment. The variation between Member States is very marked. The high
employment rate in Denmark, for example, rose from between 1994 and 1998 as both
women's and men's employment rates rose. In contrast, in Germany the employment rate fell
over the same period, again affecting both women and men equally. The employment rate
also fell in Sweden but, in this instance, women's employment fell particularly sharply
compared with men.

Table 1

EMPLOYMENT RATES OF WOMEN IN THE EUROPEAN UNION MEMBER STATES (% )
1994 AND 1998

1994

1998

B

44,8
47,5

DK

67,1
70,3

D

55
55,6

GR

37,1
40,3

E

30,2
34,8

F

51,3
52,9

IRL

39,8
48,2

I

35,6
37,1

L

44,9
45,6

NL

52,7
58,9

A

59

P

54,1
58,3

FIN

S

60,5

66,4

UK

61,1
63,2

EU12/15

48,4
51,2

%

100

80

60

40

20

0

1994
1998

Source: ELFS 1998.
Note: Comparative 1994 European Labour Force Survey data for Austria, Sweden and Finland is not available.

Women's employment rate rose most significantly over the four years between 1994 and 1998
in Belgium, Denmark, Greece, Spain, Ireland, the Netherlands, Portugal and the UK (see
Table 1). A number of the Member States that recorded a high rate of growth in women's
employment are those in which the level of women's employment has been traditionally low.
In just two Member States, Italy and Spain, the employment rate of women was running at
less than 40 per cent in 1998.

16

SECTION 3: PROMOTING A GENDER BALANCE IN DECISION-MAKING

Strengthening the EU commitments

The new Commission marked a fresh effort to tackle the persisting gender gaps in political
decision-making. Since taking office in September 1999 the new Commission has stressed its
firm intention to play a pro-active role in promoting a more equal participation of women in
all relevant bodies, committees and expert groups where decisions are made and intends to
propose a decision on a more balanced composition of its committees and expert groups.

Five out of 20 of the new Commissioners are women holding the important portfolios of
Commission Vice-President and Relations with the European Parliament, Employment and
Social Affairs, Transport and Energy, Education and Culture, Budget and Environment. Forty
per cent women were appointed to cabinet posts. As part of a first stage of an internal reform
strategy, the Commission announced explicit provision for improving the proportion of
women appointed to senior posts in December 99. For the first time in his history, a woman
was appointed in 1999 as one of the 15 judges of the Court of Justice of the European Union.
A women was also appointed to the European Court of Auditors which now has two women
out of a total of 15 members.

The Member States together with Iceland, Norway and Liechtenstein reported on the
implementation of the Council Recommendation (96/694/EC) of 2 December 1996 on the
balanced participation of women and men in the decision-making process, in 1999. The
Recommendation requires an integrated strategy to promote a balanced participation of
women and men, including the mobilisation of the most important actors; the collection of
data and examples of good practice; and the promotion of gender balance at all levels of
governmental bodies and committees.

The Commission's implementation report reveals that under-representation of women in the
political arena, public administration and, in particular, in the private sector, is a persistent
phenomenon requiring long-term commitment and multi-faceted strategies. The report will be
submitted to the European Parliament, the Council and the Economic and Social Committee
in early spring 2000.

A significant European Union event on women in decision-making was the conference
‘Women and Men in Power’ in Paris in 1999. Hosted by the French Government, it assembled
representatives of European institutions, national and regional parliaments and governments,
the world of business, social partners and NGOs. The Paris meeting yielded a strong, forward-
looking declaration. Ministers of the Member States of the European Union, both women and
men, put their political weight behind this manifesto for ‘a caring society, a dynamic
economy, a vision for Europe’54. A positive outcome was the agreement by Ministers, later in
the year, to adopt nine common measurement indicators in political decision-making55.

54

55

Declaration of Paris, 17 April 1999.
Council conclusions of 22.10.1999.

17

Women in the European Parliament - elections of 1999

Women’s representation in the European Parliament has increased steadily with each election
since 1984. After the 1994 elections women represented 25.7 per cent of the total Members of
the Parliament. The trend continued with the 1999 elections, which took place in June (see
Table 2). Yet, at 30.2 per cent, women continue to be under-represented in the European
Parliament in 1999.

The variation between Member States is striking. Three countries - France, Finland and
Sweden – now have proportions of women Members of the European Parliament above
40 per cent. Greece and Italy continue to have a very low level of representation of women in
the European Parliament.

Table 2

%

100

Women MEPs as a proportion of all MEPs after European Parliament
elections (%), 1994 and 1999

8
,
3
4

5
,
7
3

4
,
7
3

3
,
4
3

2
3

8
2

4
,
4
3

8
,
2
3

2
,
0
4

1
3

3
,
3
3

7
,
6
2

3
,
3
3

3
,
3
3

5
,
5
3

3
,
2
3

1
,
8
3

8
,
3
4

9
,
0
4

6
1

6
1

6
,
2
1

5
,
1
1

0
2

8

1994
1999

2
,
0
3

7
,
5
2

1
,
4
2

4
,
8
1

80

60

40

20

0

B

K
D

D

R
G

E

F

L
R

I

I

L

L
N

*
A

P

*
N
F

I

*
S

K
U

Source: European Parliament.
Note: *A, FIN and S acceeded to the European Union in 1995. New A, FIN and S MEPs officially took up their seats in
Parliament in 1996.

5
1
U
E
/
2
1
U
E

Coming up to the 1999 elections, efforts were made at a number of levels to promote the
balance of women and men in the European Parliament. Based on the experience of the
successful 1994 information campaign 'Vote for a balance in the European Parliament', the
Commission prepared a brochure for mass distribution during the 1999 election campaigns as
well as a 'campaign-kit' distributed free of charge to all interested bodies.

The type of electoral system in operation at Member State level influences the proportion of
women elected and the representation of women in decision-making56. A new system of
proportional representation with multi-seats in the United Kingdom and the use of lists
alternating women and men candidates by French and German parties had a positive bearing
on women’s representation in 1999.

A women was elected as the President of the Bureau for the first half of the new mandate
(1999-2001) but there is only one woman among 14 vice-presidents. Two women were
elected among the five Parliamentary Quaestors. The number and composition of the Standing

56

See Electoral Systems in Europe: a gender-impact assessment, European Commission Directorate-
General Employment and Social Affairs, Unit D/5.

18

Committees was changed by Parliament. Of the 17 newly formed Committees, there are now
five women Presidents57.

Gender balance in parliaments of the European Union

With 54 elections, at national and regional level, in nine Member States, plus the European
Parliament elections, 1999 was a year of increased awareness of the lack of gender balance in
political decision-making. National elections took place in five Member States at intervals
throughout 1999. Regional elections changed the political landscape in close to half of the
Member States - Austria, Belgium, Germany, Italy, the Netherlands, Spain and the United
Kingdom. Yet, progress in favour of an improved representation of women was minimal (see
Table 3).

The average participation rate of women in the national parliaments across the European
Union stood at 18.6 per cent in 1999. Using comparable methods of data collection, the
annual rate of change in women’s participation was small, but consistent. It rose by 0.6 in
1997-1998 and by just over one percentage point in 1998-1999.

Table 3

%

100

80

60

40

20

0

3

,

5
2

2

,

7
1

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 (%)
1998 AND 1999

1998
1999

4

4

,

,

6
3

6
3

9

,

4
3

4

,

5
2

4

4

2

,

0
3

8

,

6
2

7

6

,

,

2
4

3
4

8

,

3
3

9

,

0
3

7
3

4
3

7

5

,

,

3
2

3
2

1

,

0
2

3
1

3

,

7

,

,

6
3 1

8
8 1
0
1

0
1

,

6

,

5

,

,

8
8 1
2
1

7
6 1
1
1

,

7

1

,

7
3

,

7
3

1

7

,

,

0
3

9
2

2

,

2
2

5

,

9
1

7

3

,

,

5

6

7

,

6

,

4
1

3
9 1
8

8

8

,

,

B

DK*

D

GR

E

F

IRL

I

L

NL

A

P

FIN

S

UK** EU15

EP

FL

IS

N

Source: FrauenComputerZentrum Berlin and Deuce. Data for 1998 updated June 1998; data for D and S updated
September 1998.
1999 data updated June. Data for E, F, IRL, P, A and UK updated November.
Note: DK: Data for Lower Chamber excludes 4 members elected in Greenland and Faroe Islands. UK (1999 Data) One seat
vacant.

National parliamentary elections took place in Finland, Belgium, Luxembourg, Portugal,
Austria and Iceland. Finland, Belgium and Portugal all recorded increases in the participation
of women in their national parliamentary assemblies and in the cases of Portugal and Iceland
a substantial rise. In Member States where no elections took place, small changes – both
upward and downward - in the participation rates of women in national assemblies were

57

European Parliament Directorate for Press and Audio-visual Services.

19

recorded between 1998 and 1999. For seven countries the change was upward. In Germany,
France and Italy the participation rate of women decreased slightly. Despite the minimal
increase in women’s participation in lower chambers, the gender gap in upper chambers
continues to be considerably wider with women’s representation at just 11.3 per cent in 1999.

Women’s presence in national governments

The increase in the number of women holding positions in national government is somewhat
more significant and illustrates the impact of new policy thinking in relation to gender
equality. The share of women members of cabinet (ministers and junior ministers) rose from
21.9 to 24.1 per cent (1998-1999). In Belgium, Finland and Iceland the increased participation
of women in parliaments was mirrored by significant increases in the proportion of women in
their governments. In Portugal, the participation rate of women in government fell slightly. In
Sweden, women held a majority (52.6 per cent) in national government. The combined impact
of cross-party groupings, quotas and alternating male/female lists in elections, go some way
towards explaining women's equal presence in Swedish government.

At the regional level of political decision-making the rapid progress achieved during the last
decade appears to be consolidated, although overall growth rates tend to be smaller. Women’s
participation rate in regional parliaments has risen by 1.1 percentage points from 27.8 to
28.9 per cent (1998-1999) and in regional governments it remained the same at 24.5 per cent.
A closer look reveals large differences between Member States with decreases (German
Länder) and increases (Belgian Regions).

Women in trade union organisations

The European Trade Union Confederation published the results of a significant and detailed
research into women and decision-making in its affiliated trade union organisations58. The
study found that the presence of women in trade union decision-making bodies across Europe
has appreciably improved over the five-year period 1993-1998 from 23 to 28 per cent. Change
was found in memberships and participation at the level of Congress delegation, executive
committee, steering committee/bureau, and heads of departments. In light of the report
findings, the ETUC prepared a Plan to promote equality in the ETUC and its affiliated
organisations with three fundamental aims: ensuring women are properly represented in
bodies for collective bargaining and decision-making; mainstreaming gender equality into all
areas of trade union policies; and achieving equal pay.

58

ETUC and Catholic University of Louvain, "The Second Sex of European Trade Unionism",
Brussels 1999.

20

SECTION 4: GENDER EQUALITY LEGISLATION

The Amsterdam Treaty

With the entry into force of the Treaty of Amsterdam on 1 May 1999, equality has been
integrated into the foundations and objectives of the Community legal order.

In addition to Article 2, Article 3 places an obligation on the Community to eliminate
inequalities and promote equality between women and men in all its activities. Article 13
provides a legal base to ‘take appropriate action to combat discrimination’ based on, inter alia,
‘sex or sexual orientation’59. The new Article 137 allows the Council to act by qualified
majority vote, using the co-decision procedure with the Parliament, to adopt measures relating
to equality between women and men with regard to labour market opportunities and treatment
at work. Article 141 (former Article 119) consolidates the Court’s previous case law in the
field of equal pay by adding a reference to work of equal value while Article 141 (3) provides
a new legal base to develop legislation in the area of equal opportunities and equal treatment
in matters of employment and occupation.

Parental Leave Directive: the implementation report

The Council Directive 96/34/EC60 on parental leave was adopted on 3 June 1996 providing
for a minimum of three months leave for both male and female employees in the case of the
birth or adoption of a child. The Directive incorporates a framework agreement on parental
leave concluded by the social partners at European level. Member States had until
3 June 1998 to implement the Directive, with Ireland and Austria being granted an additional
period of six months and one year respectively. Adopted on the basis of the Social Protocol,
the Directive was subsequently extended to the United Kingdom, which was given until
15 December 1999 to implement it61. The Commission examined the implementation of the
Directive in the Member States and will publish a report on at the beginning of 2000.

The Commission initiated infringement proceedings against three Member States for non-
communication of implementation measures for the Directive. The Commission has launched
separate proceedings against nine Member States for improper implementation.

Maternity Leave Directive: the implementation report

A Report on the implementation of Directive 92/85/EEC of 19 October 1992 on the
introduction of measures to encourage the improvement of safety and health at work of
pregnant mothers and workers who have recently given birth or are breastfeeding was adopted
by the Commission in 199962. The deadline for the transposition of the Directive was
19 October 1994.

Based on responses provided by Member States, the Commission concluded that, overall,
there is a high degree of compliance by the Member States. However, there are differences
between the Member States, for example, marked variations in the length of maternity leave,

59

60

61

62

The other areas of competence are racial or ethnic origin, religion or belief, disability and age.
OJ L 145 of 19.6.1996 .
Directive 97/75/EC. OJ L 10 of 16.1.1998.
COM(1999)100 final of 15.3.1999.

21

ranging from 14 to 28 weeks,63 the percentage of maternity leave which is compulsory and the
level at which it
is paid. Infringement proceedings have been instigated against several
Member States in respect of problems such as: leave for health and safety reasons, the two
weeks compulsory maternity leave, and the use of lists of information in risk assessment.

Referral of Cases from Member States to the Court of Justice of the European Union

During 1999, the European Court of Justice delivered seven rulings in cases concerning equal
pay and equal treatment between women and men in response to questions referred to it by
national courts. Article 141 of the Treaty continues to generate case law that explores the
concept of what constitutes sex discrimination in equal pay issues as well as the substantive
scope of the principle of equal pay in relation to choice of comparators and how pay
inequalities may be justified.

Equal Pay (Council Directive 75/117/EEC)

In February 1999 an important ruling was given on the interpretation of the concept of
indirect discrimination in a reference from the United Kingdom in the Seymour-Smith
case64.The Court was asked a series of questions concerning, amongst other things, the test for
indirect discrimination and for objective justification. The Court repeated its previous case
law in that it is for the national court to decide whether the statistical evidence available
shows that a considerably smaller percentage of women than men is able to satisfy the
requirement in question. Indirect discrimination could also be shown by a lesser but persistent
and relatively constant disparity over a long period of time. While the Member State has a
broad margin of discretion in achieving its social policy aims, this must not frustrate the
implementation of a fundamental principle of Community law such as equal pay between
women and men.

The Oberlandesgericht, Vienna (Higher Regional Court) referred a number of questions to the
Court concerning the application of the equal pay principle in Article 141 and Council
Directive 75/117/EEC in the Angestelltenbetriebsrat der Wiener Gebietskrankenkasse and
Wiener Gebietskrankenkasse case.65 The issue was whether
two groups of workers
(psychologists and doctors employed as psychotherapists) performing seemingly identical
tasks, but with different training and/or professional qualifications, were called upon to
perform the same work. The Court ruled that while the two groups perform seemingly
identical activities, they draw upon different knowledge and skills, and concluded that they
cannot be regarded as being in a comparable situation for the purposes of Article 141.

A second reference from Austria was the Gruber v Silhouette International case66.Mrs Gruber
was obliged to terminate her employment in order to care for her children because of lack of
childcare facilities. She received a lower termination payment than workers who resign for
reasons connected to their employment or the conduct of their employer. The issue was
whether this was indirect discrimination. The European Court of Justice did not consider it to

63

64

65

66

Under Article 8 of the Directive, 14 weeks is the minimum period of maternity leave allowed.
Case C-167/97, Regina v Secretary of State for Employment, ex-parte Nicole Seymour-Smith and Laura
Pérez, [1999] ECR 1-0623.
Case C–309/97,
Gebietskrankenkasse. Judgment of 11 May 1999.
Case C-249/97 Gabriel Gruber v Silhouette International Schmied Gmb and Co. KG, judgment of
14 September 1999.

der Wiener Gebietskrankenkasse

Angestelltenbetriebsrat

and Wiener

22

be so because one could not compare workers who resign for reasons connected to the
undertaking which make continued work impossible, with a worker who resigns for reasons
connected with childcare.

A preliminary reference from the Conseil de Prud’hommes Le Havre (Industrial Tribunal)
was made in the Oumar Dabo v Abdoulaye and Others v Régie Nationale des Usines Renault
SA case67. A number of male employees challenged the maternity payments made to female
employees by bringing an allegation of sex discrimination against their employer, Renault.
The Court ruled that the maternity payments fell within the scope of Article 141 and that the
Article does not preclude special payments to women designed to offset the occupational
disadvantages which arise for those workers as a result of their being away from work.

A notable judgment was delivered in a preliminary reference from the Arbeitsgericht Munich
(Labour Court) in the Andrea Krüger v Kreiskrankenhaus Ebersberg case68. The Court
confirmed that an end of year bonus which the employer pays to a worker under a law or a
is received in respect of the worker’s employment and therefore
collective agreement
constitutes ‘pay’ within the meaning of Article 141. The Court’s case law shows that
Article 141 covers direct and indirect discrimination. Although the German agreement
excluded persons in ‘minor employment’ from the scope of its provisions, this cannot alter the
mandatory nature of Article 141 EC. The finding of the Court in the Susanne Lewen V Lothar
Denda case69 was that a refusal to grant a Christmas bonus to a woman who had been on
maternity leave for part of the year is discrimination in pay, if the bonus can be regarded as
pay for work performance in the past.

The Equal Treatment Principle

The Equal Treatment Directive (Council Directive 76/207/EEC70) allows for a few defined
derogations in Article 2. Cases from the Member States are being referred to the Court
challenging the compatibility of excluding women from the armed services such as in the
Angela Maria Sirdar v the Army Board and Secretary of State for Defence case71. Mrs Sirdar
was employed as a cook in the British army but was made redundant in 1994. The Court ruled
that the derogation on grounds of public security could not be applied generally to other areas
of the Treaty and that employment in the armed service is covered by the equal treatment
principle. However, it ruled that the exclusion of women from service in special combat units
is not contrary to that principle.

In the Kreil case72, the Court held that the total exclusion, under German law, of women from
all military posts involving the use of arms was contrary to Directive 76/207/EEC. The refusal
to employ Ms Kreil in the army's electronic maintenance service was therefore illegal.

The Statutory Social Security Directive (Council Directive 79/7/EEC73) allows the Member
States to maintain derogations in relation to differences in retirement age. However, this

67

68

69

70

71

72

73

Case C–218/98 Oumar Dabo v Abdoulaye and Others v Régie Nationale des Usines Renault SA,
judgment of 16 September 1998.
Case C–281/97 Andrea Krüger v Kreiskrankenhaus Ebersberg, judgment of 9 September 1999.
Case C-333/97, Susanne Lewen v Lothar Delda, judgment of 21 October 1999.
OJ L 39 of 14.2.1976.
Case C-273/97, Angela Maria Sirdar v the Army Board and Secretary of State for Defence, judgment of
26 October 1999.
Case C-285/98, Tanja Kreil v Bundesrepublik Deutschland, judgment of 11 January 2000.
OJ L 6 of 10.1.1979.

23

derogation should be interpreted strictly and in the case The Queen v Secretary of State for
Social Security ex parte Taylor74,the Court of Justice held that United Kingdom legislation
cannot derogate from the principle of equal treatment for women and men in respect of winter
fuel payments for pensioners.

Other infringement procedures

Apart from infringement proceedings launched because of the incorrect implementation of
Directives 92/85/EEC on pregnancy and maternity and 96/34/EC on parental leave, it is worth
mentioning that the Commission decided to ask for financial penalties to be imposed on
France for failure to implement a judgment of the Court of Justice of 13 March 1997. The
Court had found that France was in violation of the principle of equal treatment between
women and men by retaining within its legislation a prohibition on nightwork for women but
not for men.

SECTION 5: A GENDER PERSPECTIVE IN THE EUROPEAN UNION EXTERNAL
RELATIONS

Significant developments in advancing equality between women and men came to fruition in
the field of external relations in 1999. In the process of enlargement of the Union as well as in
its human rights and development co-operation policies, the Union has increasingly focused
attention on the gender perspective in its external relations. Over the same period, the follow-
up to the United Nations Fourth World Conference on Women and Platform for Action, held
in Beijing in 1995 focussed Member States of the European Union on a five-year review
known as Beijing+5.

This section explores progress within the enlargement process, the human rights of women
world-wide and the Beijing follow-up. Information on Development co-operation policy is
included in section 1( Gender mainstreaming and specific actions) of this report.

Gender equality in the enlargement process

Gender equality is an integral part of the enlargement process. There are now 13 countries
within a single framework of the accession process to the European Union75. In addition to
Cyprus and Malta, plus Turkey, ten candidates are from central and eastern Europe countries
(CEECs): Bulgaria,
the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland,
Romania, Slovakia and Slovenia. Candidate countries have to adopt, implement and apply by
accession all existing Community legislation in all areas including the nine directives on equal
opportunities.

The Commission has stressed throughout the enlargement process that there can be no
membership without the guarantee of equal rights for women and men and the machinery to
enforce these rights. Screening meetings, bilateral discussions and the participation of

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Case C-382/98, The Queen v Secretary of State for Social Security ex parte John Henry Taylor,
judgment of 16 December 1999.
Presidency Conclusions, Helsinki European Council of 10-11 December 1999.

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candidate countries at European conferences and seminars76 have helped to increase
awareness of the issue.

The Czech Republic, Slovenia, Hungary, Lithuania, Romania participate, in particular, in the
Medium-term Community Action Programme on equal opportunities for women and men
(1996-2000) which is open to all candidate countries. Hungary has undertaken projects
relating to the training of the legal profession and the dissemination of publications on
European law in the Hungarian language. The process of developing comparative and
harmonised reporting of the situation of women and men in the pre-accession countries was
enhanced in a report from Eurostat77. The report reveals that the unemployment rates for
women were higher than for men in most of the 10 CEECs. Hungary, Estonia, Bulgaria,
Slovakia and Latvia were an exception to this trend.

Equality screening of progress in the candidate countries

Screening of the social chapter, of which equal opportunities is a part, continued in 1999.
Most countries have legislation in process and declare that it will be adopted by the time of
accession. Screening has shown that all countries guarantee equality in their constitutions.
Problems still exist, however, when it comes to the guarantee of equal pay for equal work,
equal access to work, for example, gender specific advertising, parental leave for fathers and
the burden of proof. The Commission is monitoring developments closely and will continue
to emphasise the importance of the application of the legal principles .

The progress of candidate countries in adopting the acquis communautaire78 in relation to
economic and social cohesion, and to equality between women and men in particular, was
measured for the period 1998-199979. The results varied, but progress was significant in all
is enshrined in the Bulgarian
countries during 1999. The principle of equal treatment
Constitution and specific legislation is planned. Cyprus prepared a new draft equality law.
Hungary showed considerable progress in its enforcement of equality law and handled three
cases of alleged sex discrimination in 1998. Malta needs to introduce provisions on the burden
of proof, self-employed persons, maternity leave period and guaranteeing mothers and fathers
the right of return to the same job after leave periods. The emphasis in Romania was primarily
on actions to implement and improve knowledge of equal rights, family rights and protection
from domestic violence. A new equal opportunities Department in the Ministry of Labour,
Social Affairs and Family equality was established in the Republic of Slovakia. While Latvia
had still to adopt legislation in all fields of equality, Lithuania adopted a law on equal
treatment and extended parental leave to fathers. An act on equal treatment was rejected in the
Polish parliament. The government of Slovenia drafted a detailed employment relationship act
with provisions on indirect discrimination.

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77

78

79

See Conference on ‘equal pay and economic independence’, 2-4 November 1999, Stockholm; Seminar
on ‘equal opportunities in employment’, 18-21 October 1999, European Foundation for
the
Improvement of Living and Working Conditions, Dublin; European Conference on the follow-up to the
Beijing Platform for action, Brussels, 3-4.2.2000.
Eurostat, Central European countries' employment and labour market review, No 1 July 1999.
This concerns existing Community law and jurisprudence.
Regular Report from the Commission on Progress towards accession by each of the candidate countries,
Composite Paper. COM(1999)500 of 13.10.1999.

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Promoting the Human Rights of Women world-wide

On April 1999, two human rights regulations 975/99 and 976/9980 were adopted by the
Council which provide a comprehensive framework for EU human rights activities. They
include several references to equal opportunities, non-discrimination and the promotion of
women in their article 2. The regulations provide a legal basis for the European Initiative for
Human Rights and Democracy which brings together under one budget Chapter the human
rights budget lines. All these refer explicitly to women as a target group and a number of
actions were financed in 1999 to promote women’s rights.

In the framework of the EU/China human rights dialogue, a seminar was jointly organised by
(Finland) on
the Finnish Presidency and the European Commission in Rovaniemi
7-8 September 1999 entitled ‘Perspectives on human rights with special reference to women’.
The seminar followed on from the first sino-European seminar on women’s rights organised
in Beijing in 1998, and was innovative in that a gender perspective was mainstreamed
throughout the issues discussed (economic and social rights, minority rights) and brought
together gender and human rights experts.

Gender mainstreaming and trade issues

In the framework of the preparation for the eventual start of a new round of multilateral trade
talks after the World Trade Organisation (WTO) Ministerial conference in Seattle in 1999,
and in accordance with the overall objective of sustainable development as a central
benchmark for this round, the Commission is carrying out a Sustainability Impact Assessment
(SIA)81. This assessment uses a core group of sustainability indicators and measures the
impact which the EU's proposals might have on various criteria, including gender equality. As
the SIA progresses, the linkage between trade and gender may become an important aspect of
the assessment of some areas. Wide public consultation, involving in particular development
NGOs and organisations working in the area of trade and gender, will continue throughout the
Sustainability Impact Assessment.

The Review of the Beijing Platform for Action

The United Nations Fourth World Conference on Women, held in Beijing in September 1995,
was called to assess the implementation of the 1985 ‘Forward Looking Strategies for the
Advancement of Women to the Year 2000’. The Beijing Conference gave a tremendous
impetus for a renewed effort to bring about real equality between women and men. At the
conference, the European Union spoke clearly and with a single voice, and acted as broker in
some difficult and delicate areas of debate. The conference reaffirmed women's rights as
human rights, and it especially worked to have the concept of mainstreaming incorporated in
the conference’s agreed ‘Platform for Action’ as a key tool to achieve equality. Following the
conference, the Council of Ministers undertook to review annually the European Union’s
implementation of the Platform. The Commission has prepared reports on follow-up at
Community level for the annual sessions of the UN Commission on the Status of Women.

At the invitation of the Commission, representatives from the Member States of the EU and
international organisations, gender equality
EEA, candidate countries, EU institutions,

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OJ L 120 of 8 May 1999.
The Commission has taken for its definition of sustainable development that contained in the UN's
Agenda for Development (1997).

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agencies, social partners, NGOs as well as independent experts and academics came together
in Brussels in February 2000 to discuss the Beijing follow-up. The Conference82 has served to
further co-ordinate the European Union position for the Special Session of the UN General
Assembly entitled ‘Women 2000: gender equality, development and peace for the twenty-first
century’, the review process is universally referred to as ‘Beijing+5’ (5-9 June 2000).

Implementation of the Platform for Action in the European Union

The Platform for Action includes a mission statement on equality, a description of the global
framework, 12 critical areas of concern, an analysis of institutional arrangements and of
financial arrangements. In October 1998 the UN issued a questionnaire on implementation to
its Member States. The information supplied in response to the questionnaire during 1999 is a
major component of the Beijing review process.

An overview of the national reports from the European Union Member States shows that:

• The range of equality initiatives is very varied - all Member States can demonstrate new
legislation, new or improved institutional arrangements, increases in funding, research,
conferences, publications, support for NGO activities, publicity campaigns, amongst
others.

• Most if not all Member States have taken this opportunity to be remarkably open about
describing the areas where they have not achieved their goals, and the obstacles set by the
particular conditions in their own country.

• All Member States highlight government co-funding of projects under the Medium-term

Community Action Programme on equal opportunities (1996-2000).

• All Member States have produced statistics, however the responses of the Member States

are not harmonised making comparisons between them somewhat difficult.

The European Commission’s own response to the UN questionnaire83 covers all areas of
concern and shows how the Community has implemented its commitments stated in the
Platform for Action. It notes the significance of the entry into force of the Treaty of
Amsterdam with its reinforcement and strengthening of equality of opportunity in the
Community.

Analysis of the replies of the Member States to the UN questionnaire reveals a number of
important issues. Changing attitudes and structures towards a culture of equality is recognised
as a long-drawn out process. Many Member States point out the difficulties of clearly
distinguishing between funding for women’s issues and the general budget for health or
education. The extent of collaboration with women’s NGO varies significantly.

As far as critical areas of concern of the Beijing Platform for Action, all Member States gave
extensive and detailed information on women and the economy. Second came either
Education and training of women or violence against women. Overall, least attention was
given to the girl-child women and the environment and women and armed conflict. The low

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83

The Commission intends to prepare a publication before June 2000 on the follow-up to the Beijing
Platform for action, at EU level, which will include a section on the results of this conference.
The questionnaire is expected to be transmitted by Spring 2000.

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attention to environmental issues is surprising, since environmental debate and discourse are
widespread in the Union. Many new structures, institutions and plans were influenced by the
Beijing Platform for Action. Examples are to be found in the Netherlands ten-year
emancipation policy plan, Finland’s Gender Barometer survey or Denmark’s major review of
equality work.

The European Community , and the Member States, have played a leading role in developing
equality work in these five years, and made an important contribution to the work of the
United Nations, directly and in partnership with other international institutions. A full and
critical appreciation of that contribution will emerge at the final review in New York in
June 2000.

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