UNITED KINGDOM , THE EXCLUSIONS FROM THE PROHIBITION OF DISCRIMINATION PROVIDED FOR IN SECTION 6 ( 3 ) OF THE 1975 ACT IN THE CASE OF EMPLOYMENT IN A PRIVATE HOUSEHOLD OR IN UNDERTAKINGS WHERE THE NUMBER OF PERSONS EMPLOYED DOES NOT EXCEED FIVE ARE JUSTIFIED BY THE EXCEPTION PROVIDED FOR IN ARTICLE 2 ( 2 ) OF THE DIRECTIVE ITSELF , ACCORDING TO WHICH :
' ' THIS DIRECTIVE SHALL BE WITHOUT PREJUDICE TO THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS FIELD OF APPLICATION THOSE OCCUPATIONAL ACTIVITIES AND , WHERE APPROPRIATE , THE TRAINING LEADING THERETO , FOR WHICH , BY REASON OF THEIR NATURE OR THE CONTEXT IN WHICH THEY ARE CARRIED OUT , THE SEX OF THE WORKER CONSTITUTES A DETERMINING FACTOR . ' '
13 IT MUST BE RECOGNIZED THAT THE PROVISION OF THE 1975 ACT IN QUESTION IS INTENDED , IN SO FAR AS IT REFERS TO EMPLOYMENT IN A PRIVATE HOUSEHOLD , TO RECONCILE THE PRINCIPLE OF EQUALITY OF TREATMENT WITH THE PRINCIPLE OF RESPECT FOR PRIVATE LIFE , WHICH IS ALSO FUNDAMENTAL . RECONCILIATION OF THAT KIND IS ONE OF THE FACTORS WHICH MUST BE TAKEN INTO CONSIDERATION IN DETERMINING THE SCOPE OF THE EXCEPTION PROVIDED FOR IN ARTICLE 2 ( 2 ) OF THE DIRECTIVE .
14 WHILST IT IS UNDENIABLE THAT , FOR CERTAIN KINDS OF EMPLOYMENT IN PRIVATE HOUSEHOLDS , THAT CONSIDERATION MAY BE DECISIVE , THAT IS NOT THE CASE FOR ALL THE KINDS OF EMPLOYMENT IN QUESTION .
15 AS REGARDS SMALL UNDERTAKINGS WITH NOT MORE THAN FIVE EMPLOYEES , THE UNITED KINGDOM HAS NOT PUT FORWARD ANY ARGUMENT TO SHOW THAT IN ANY UNDERTAKING OF THAT SIZE THE SEX OF THE WORKER WOULD BE A DETERMINING FACTOR BY REASON OF THE NATURE OF HIS ACTIVITIES OR THE CONTEXT IN WHICH THEY ARE CARRIED OUT .
16 CONSEQUENTLY , BY REASON OF ITS GENERALITY , THE EXCLUSION PROVIDED FOR IN THE CONTESTED PROVISION OF THE 1975 ACT GOES BEYOND THE OBJECTIVE WHICH MAY BE LAWFULLY PURSUED WITHIN THE FRAMEWORK OF ARTICLE 2 ( 2 ) OF THE DIRECTIVE .
THE THIRD COMPLAINT
17 THE COMMISSION ' S THIRD COMPLAINT RELATES TO THE FACT THAT THE 1975 ACT ENSURES ACCESS TO THE OCCUPATION OF MIDWIFE AND TO TRAINING FOR THAT OCCUPATION ONLY WITHIN CERTAIN LIMITS . THIS IS SAID TO ENTAIL DISCRIMINATION BASED ON SEX .
18 THE UNITED KINGDOM ACKNOWLEDGES THE FACTS . BY VIRTUE OF PARAGRAPH ( 3 ) OF SCHEDULE 4 TO THE 1975 ACT , UNTIL A DAY TO BE SPECIFIED BY ORDER OF THE SECRETARY OF STATE , MEN ARE GRANTED ACCESS TO THE OCCUPATION IN QUESTION AND MAY BE TRAINED FOR THAT PURPOSE ONLY IN CERTAIN SPECIFIC PLACES . THIS SITUATION IS DUE TO THE FACT THAT IN THE UNITED KINGDOM THE OCCUPATION IN QUESTION IS NOT TRADITIONALLY ENGAGED IN BY MEN . IN A SPHERE IN WHICH RESPECT FOR THE PATIENT ' S SENSITIVITIES IS OF PARTICULAR IMPORTANCE , IT