Equal opportunities for women and men in the European Union - Annual report 1997
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13. 05. 1998 COM(1998) 302 final Equal Opportunities for Women and Men in the European Union Annual Report 1997 (presented by the Commission) CONTENTS EXECUTIVE SUMMARY SECTION 1 MAINSTREAMING EQUAL OPPORTUNITIES SECTION 2 WOMEN AND MEN IN THE LABOUR MARKET SECTION3 UVING AND WORKING IN EUROPE-THE CARE AGENDA 1 7 10 13 SECTION 4 PROMOTING A GENDER BALANCE IN DECISION-MAKING 15 SECTION 5 EQUALITY RIGHTS-PROGRESS IN 1997 18 SECTION 6 FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION 20 d EXECUTIVE SUMMARY EXECUTIVE SUMMARY This Annual Report on Equal Opportunities for Women and Men in the European Union pre sents an overview of the main developments which have had an impact on equal opportunities at Community and at national level during 1997. While important issues arose across a range of areas, three developments deserve to be particu larly highlighted: • the Amsterdam Treaty was agreed with new powers relating to equal opportunities; 0 the Member States joindy decided to put in place a new employment strategy, for immedi ate implementation, in which equal opportuni ties is an explicit and important component; • progress was made in integrating equal oppor tunities for women and men into other policy areas, building on the commitments as regards mainstreaming. Equal Opportunities in the Amsterdam Treaty 1997 saw the adoption of the Amsterdam Treaty. In 1998 the process of ratification com mences. This Treaty has confirmed the impor tance of equal opportunities in the European integration project and has opened up new possi bilities for advancement. Equality between women and men has always been a founding principle of the successive Treaties and is con firmed as such in the new Article 2 of the new Treaty. Article 3 assigns to the Community the duty to eliminate inequalities and to promote equality in all its activities - this is the underpin ning that is needed to advance further on the mainstreaming strategy. New Article 13 will permit appropriate action to combat all discrimination, including discrimi nation based on sex and sexual orientation. Article 141 extends the scope of the former Article 119 and gives equality of treatment between women and men a specific legal base. This provision deals with key aspects relating to employment and occupation. It also confirms the - ,ght of Member States to take measures provi ng for specific advantages in order to make it cider for the under-represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. ' The Commission considers that these aspects of the new Treaty are to be welcomed, particular ly because they raise the status of the principle of equal treatment and secure the basis for future initiatives on a number of fronts. New Employment Strategy In November 1997, there was agreement by Heads of States and Governments at the special Jobs Summit in Luxembourg to a new European employment strategy. The Summit recognised that the position of women on the labour market merits particular attention. It is partly by achieving a higher participation rate or women in the labour market that the European Union can contribute in a decisive marîër to the employment growth that it needs to secure its future, maintain its prosperity and social systems. The Jobs Summit recognised at the highest level that equality of opportunity is a matter of economic interest. The establishment of the new employment strategy means that progress on equal opportuni ties in the labour market will be scrutinised at the highest level every year from now on. Subsequently, in December 1997, the Council adopted employment guidelines for 1998. These guidelines set out targets and objectives in four areas: entrepreneurship, employability, adaptability in the labour force and workplace and equal opportunities. The Member States will submit action plans by April 1998 in which they detail the action they are taking to implement the guidelines. The European Council will carry out a first review in Cardiff in June 1998. A joint evaluation of the plans will be undertaken by the Commission and the Council for consideration at the Vienna Summit in December 1998 by the Heads of States and Governments. Mainstreaming Mainstreaming - the strategy of integrating the equal opportunity dimension into all major poli cy areas - saw significant progress during 1997. 'Article 141 of the future EC Treaty incorporates and extends Article 6§3 of the Social Protocol. EXECUTIVE SUMMARY EQUALITY PROVISIONS IN THE AMSTERDAM TREATY Article F The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. Article 2 The Community shall. promote. a high level of Employment and social protection, equality between men and women, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States. Article 3 In all activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality between women and men. Article 13. the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability age or sex ual orientation. Article 137 Wtth a view to achieving the objectives afArticle 117', the Community shall support and complement the activities of the Member States in the following fields: improvement in particular of the working environment to protect workers* health and safety; working conditions; the information and consultation of workers; the integration of persons excluded from the labour market, without prejudice to Article 127; equality between men and women with regard to labour market opportunities and treatment at work Article Hi /. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. 2, For the purpose of this Article, "pay" means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly in respect of his employment, from his employer. Equal pay without discrimination based on sex means: (a) that pay for the same work at piece rates shall be calculated en the basis of the same unit of measurement; (b) that pay for work at time rates shall be the same for the seme job, 3 The Council, acting in accordance with Use procedure referred to in Article 25L and after consulting the Ecvmmic and Social Committee, shall adept measures to emure the application of the principle ofequal opportunities and squal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. 4. Wnh a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier far the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in profes sional careen. * Article 117 incorporates Article 1 of the Agreement on Social Policy which was amended into the Treaty. It aims to promote employment and iinprove jiving and working conditions. The dearest and best example of mainstream- ing is the placing of equal opportunities at the heart of employment strategy. Within the Commission, structures have been put in place to help ensure that equality can be taken into account in the framing of European Union policies generally. In 1997, 29 Commission services designated officials to hold specific responsibility for facili tating and encouraging the development of mainstreaming in their Directorates-General. These officials act as a support structure for the task in their respective services and they exchange ideas and experiences across services on a regular basis. The Structural Funds are the Unions main funding mechanism for the promotion of eco nomic and social cohesion. The Council, in its Resolution1 on the Structural Funds and equal opportunities for women and men adopted in 1996, had argued that Structural Funds have an important role to play in supporting equal oppor tunities - a role that merited being strengthened. The Commission has taken this view very much into account in 1997 in its preparatory work leading to the tabling of proposals in 1998 for reform of the Structural Funds. A strengthened commitment to the active pro motion of equality of opportunity across the entire range of the Structural Funds will be an important element of the mainstreaming strategy. In the context of the Community's develop ment co-operation policies, the Commission pre sented a proposal for a Council regulation on the integration of gender issues in development co operation. The proposal, currently discussed in the European Parliament and in the Council, aims at supporting the adoption of a gender-sen sitive approach in the conception and implemen tation of Community development policies as well as in their monitoring and evaluation. Conclusion These are the principle strands in the develop ment of equal opportunities in the European Union during 1997. The importance in each case lies less in the concrete achievements or benefits delivered during 1997 and more in their poten tial for future developments. The real significance of 1997 will become dearer as the Union comes to implement the Amsterdam Treaty after ratification; as the year- on-year employment process takes root; and as the logic of mainstreaming is brought to bear in ever widening field of policy areas. EXECUTIVE SUMMARY ' Council Resolution on mainstreaming equal opportunities for women and men into die European Structural Funds of 2. 12. 1996, OJ C 386 of 20. 12. 1996. EXECUTIVE SUMMARY 1998 EMPLOYMENT POLICIES FOUR PILLARS AND NINETEEN GUIDELINES Z. IMPROVING EMPLOYABILÎTY T - ^ k l l ag 7"OJ-tb u n e m p l o y m e nt a nd preventing long-term u n e m p l o y m e nt The fvïerr. bar States wil! ensure that: i. zvzr? 'jncrnpicyed young person is offered a new start before reaching six months of unemployment; 2. unemployed adults are also offered a fresh start before reaching twelve months of unemployment. Transition from passive measures to active measures 3. Each Member State will endeavour to increase significantly the number of persons benefiting from active measures to improve their employabiKty, and fix a target of gradually achieving the average of the three most successful Member States, and of at least 20%. E a c o i i r a g mg a p a r t n e r s h ip a p p r o a ch 4. ilv- social partners are urged to conclude agreements with a view to increasing the possibilities for training, work experience, trajneeships or other measures likely to promote empioyabiKty. 5. The Member States and the social partners will endeavour to develop possibilities for lifelong training. £asing the transition from school to work The Member States will: 6. improve the quality of their school systems in order to reduce substantially the number of young people who drop out of the school system early; 7. make sure they equip young people with greater ability to adapt to echnological and economic changes and with skills re'evam to îhe labour market, where appropriate hy implementing or developing apprenticeship training. II. DEVELOPING SNTREPRENEUESHÏP f l a i l i ng h easier to start up and r un businesses The Member Stares win; 8. %wt particular attention; tx> reducing significantly rha overhead costs and administrative hardens for businesses, and especially omall and mcdîiun-sized cn&xprâes, in particular when hiring additional workers; 9. encourage tb-s development of self-erapbyment by txaminutg, with «he aim of seducing, any cbst&dss which mzy exist, especially rhuss within tax and social secum-y regimes» to moving so selE>empbyrnetfw and the setting up of small businesses, in particular for employed persons. Exploiting the opportunities for job creation 10. The Member States will investigate measures to exploit fully the possibilities offered by }cb creation at local level in the social economy and itr. new activities linked to needs not yet satisfied by the market, and arcamincwith the aim of reducing, any obstacles in the way of such measures. '•'••' Making t he tastfâqn system mors employ a e at friendly The Member States will; 11. set a target, If necessary, and taking account of te; prisant level, for gradually reducing the overall tax burden and, where appropriate, a target for gradually reducing die fiscal pressure on labour and nojvv/agc labour costs, in particular ort relatively unskilled and low-paid labour, JEXECUTIVE SUMMARY 12. examine, without obligation, the advisability of reducing the rate of VAT on labour-intensive services not exposed to cross-border competition» III. ENCOURAGING ADAPTABILITY IN BUSINESSES AND THEIR EMPLOYEES Modernising work organisation 13. The social partners are invited to negotiate, at the appropriate levels, in particular at sectoral and enterprise levels, agreements to modernise the organisation of work, including flexible working arrangements, with the aim of making undertakings, productive and competitive and achieving the required balance between flexibility and security. 14. Each Member State will examine the possibility of incorporating in its law more adaptable types of contract, taking into account the fact that forms of employment are increasingly diverse. Those working under contracts of this kind should at the Same time enjoy adequate security and higher occupational status, compatible with the needs of business. Support adaptability in enterprises 15. The Member States will re-examine the obstacles, in particular tax obstacles, to investment in human resources and possibly provide for tax or other incentives for the development of in-housc training; they will also examine any new regulations to make sure they will contribute to reducing barriers to employment and helping the labour market adapt to structural change in the economy. IV. STRENGTHENING THE POLICIES FOR EQUAL OPPORTUNITIES Tackling gender gaps 16. The Member States w£! attempt to reduce the gap in unemployment rates between women and mm by actively supporting the mcreased employment of women and will cet to rc/erse the under-representaticn of women In certain economic sectors and occupations and their over-representation in others. Reconciling w o rk s nd lamiiy life • 17. The Member States will stove to raise levels of care provision where some r*eeds are not met. Facilitatmg return t© work 1B. The Member States will give specific attention to women, and men» considering a return eo tba p ld workforce after an absence and, to that end, they will examine the means of gradually eliminating the obstacle in the way of such return. Promoting the Integration of people with disabilities into working life 19. The Member States will give special attention to the problems people with disabilities may encounter m participating m working life. iTwmws The Commission has embarked on a main- streaming policy with the aim of integrating the equal opportunity dimension into all major Community policies and actions. This commit ment was signalled by the adoption of a Communication4 in February 1996. A concept of mainstreaming was developed during the Fourth UN World Conference/' Mainstreaming demands a more comprehensive approach to equality. A change in attitudes is occurring in relation to the promotion of equal opportunities and the development cf a gender perspective in policies and programmes at the level of Member States, the European Union level, and in international fora and debates. ***«w*w*w*3e»we**ewi'i^**«M9»^ The dm of die mainstreaming;:p6Îicy is to improve the^tjiiality^af policies;-andavoid unintended ^ n 2g^tIM; ;i: ^^poms^mces^ Monitoring • gender; tmmM§mf ;;ail;;-;ec$icies. mus" :ce '. d e ^ ^ e d^. ilir^ policies that "ace ^aœmo»!yl^^iarejd;::as : Wrthin the Union, the significance of and meaning attributed to mainstreaming has varied from context to context. The ways in which it has been applied have depended on, amongst other factors, die level of development of equali ty policy in the different Member Stages and the level of knowledge and openness to change on the part of relevant actors. Despite considerable progress, a number of barriers and shortcomings are apparent. To overcome die barriers a number of measures are needed. These include awareness- raising, large-scale training to develop the neces sary gender expertise, regular gender impact assessment of policies and gender proofing to guarantee the quality of legislative proposals and other policy documents. At European level In 1997, the existing smaauiss for the promo tion of equal opwiîimkias in the European MAINSTREAM1NG EQUAL OPPORTUNITIES Commission policies and activities, the Group of Commissioners on Equal Opportunities, the inter-service group on Equal Opportunities, and the sub-group on Equal Opportunities in the Structural Funds have been supplemented by a broad-bassd 'Group of gender mainstreaming officiais'. the The mainstreaming strategy was also endorsed by a Resolution of the European Parliament'' rv. mmission Communication on on Mainstreaming adopted in September 1997. The European Parliament calls on the Member States to implement a policy on mainstreaming in their local, regional, and national policies. A Guide to gender impact assessment7 of Commission policies and activities has been pro duced for this purpose. A first report on activities and measures to achieve the mainstreaming of equal opportunities has been in preparation throughout 1997. " The report shows widespread Commitment at the very highest level is an essential criterion for success to set in place the mobilisation of the mainstream actors, the allocation of clear responsibilities and the application of tools and instruments, such as gende*1 impact assessment of policies, gender proofing procedures and monitoring and evaluation of progress. Mainstreaming is a complementary approach to «pccîfic measures of positive action, tii; inrertflon being to widen the scope and impact of equal, opportunities. This dual approach is essential ht success. As ri>. e number of rtiâinstreaming initiatives grow - in a rangs of organisations and sectors - and pecsnes'more complex, the dereanc for practical tools to improve effectiveness and measure. progress also increases. Monkciing gjen. de; differences iu becoming the to effectiveness of policies. assessing ctucirJ * COM(96) 67 final of 21. 2. 1996. ' Fourth UN World Conference on Women, Beijing, Chins, 4-15 September, 1995. front the Commission the Communication ' European Parliament Women's Righs Committee. Report • on Incorporating equal opportunities for women and men into all Community policies and activities. Reporter Mrs Angels Kokkola, EP 222. 553 of 17. 9. 1997. TThe 'Guide to Gender Impact A^c^mtnt' was screed is sn informai working document of the Commission services by the Group of gender mainstreaming Officials at their second meeting of 15 September 1997. •COM(98) 12?. final of 4. 3. 1998. Progress Report from the Commission on the follow-up of the Communication 'Incorporating equal opportunities for women and men into all Community policies and activities'. £_ 7 MAINSTREAMING EQUAL OPPORTUNITIES activities and a very marked progress over a short period of time. The Report will be published in 1998. Some specific examples of Community policies include: Structural Funds The Structural Funds are the Unions primary instruments for the achievement of economic and social cohesion. Since the 1996 Report on Equal Opportunities for Women and Men in the European Union was published, many calls for projects and propositions have had the objective of, directly or indirectly - promoting equal opportunities and contributing to the labour market integration of women. These included: rural development' projects under Article 8 of the European Agricultural Guidance and Guarantee Fund (EAGGF), pilot projects also taken up under the EAGGF,10 pilot projects of interregional co-operation of the European Regional Development Fund (ERDF) ana support to local employment initiatives" under the European Social Fund(ESF). Interventions under the Initiative programme Urban12 Community included actions in favour of equal opportunities. The most important Community initiative for the promotion of equal opportunities, the EMPLOYMENT-NOW (1995-1997)'3 initiative continues to encourage innovation and theme groups between projects have been established. Vertical and horizontal desegregation remain as priorities of the second phase (1997-1999). Assessments have been carried out to measure the impact of the Structural Funds on the pro motion of equal opportunities, for instance, in Finland, Ireland, Spain and Portugal. They show that equal opportunities is not sumciendy taken into account in the programming processes and in the evaluation of impacts. In the future it is proposed to build on lessons learned and to inte grate equality measures into the mainstream pro grammes of the Structural Funds. in the AGENDA Reform of the Structural Funds has also been announced 2000 Communication. 14 It should involve reinforcing the human resources and equality components in all of the objectives of the Structural Funds. A new system of Community initiatives is en visaged. Education and Training policies Respect for equal opportunities between women and men the SOCRATES (education) and YOUTH FOR is provided for in 8 EUROPE (youth exchanges outside schools) pro grammes and also constitutes a specific objective in the LEONARDO DA VINCI programme (training) which provides for positive action mea sures in addition to mainstreaming. Equality was a cross-cutting, transversal issue for the European Year of Lifelong Learning and Training (1996), and the opportunities for positive action were stressed in all the implementation documents. The White Paper 'Teaching and Learning - towards the learning society' states the impor tance of guidance on careers and courses and access to education and training, especially in technological sectors for women. More recently, the Report of the Commission on Access to Continuous Education in the Union'" analysed the measures undertaken by Member States in favour of women, especially women threatened with unemployment, unemployed women and women in the process of labour market integra tion. Social dialogue The reinforcement of the role of the social partners and the underpinning of the co-ordina tion and follow-up of key themes in employment policies are referred to in the draft Amsterdam Treaty. The integration of the Social Protocol into the Treaty itself is an important step forward. The consequences of all these changes are crucial for European citizens. They will open the way for improvements in the field of equal opportunities for women and men. The social partners' contribution to the pro motion of equal opportunities was highlighted in the 1996 Annual Report. In its Communication16 on the development of the social dialogue, the Commission has underlined the importance of this contribution to social policy generally, but also at the level of sectoral policies. The Social Protocol has provided a model for European agreements reached by social partners on subjects direcdy or indirecdy linked to equal opportuni ties. In a number or cases, the intervention of the social partners has made it possible to include clauses relating to equal opportunities or to the •OJC 284 of 27. 9. 1997. '• OJ C 326 of 31. 10. 1996, OJ C 125 of 22. 4. 1997. OJ S 43 of 1. 3. 1997. "OJC 323 of 29. 10. 1996. "OJC 38 of 10. 2. 1996. "OJC 327 of 29. 12. 1990. M For a stronger and wider Europe. COM(97) 2000 final. Supplement 5/97-Bull European Union. " COM(97) 180 final of 30. 4. 1997. '* COM(96) 448 final of 18. 9. 1996. TŒAMING EQUAL OPPORTUNITIES MAINSTREAMING IN THE MEMBER STATES A number of Member States have attemp ted to introduce a mainstreaming approach to high levels of decision-making. In Sweden, the Minister of Labour is enti- ded to scrutinise proposals with a view to incorporating a gender perspective into all policies. In Spain, the governing council of the Instituto de la Mujer has been enlarged to include a wider field of activities. Collaboration between the Instituto de la Mujer, and the Instituto Nacional de Empleo has resulted in the inclusion of equal opportunities in training for officials carrying out the Plan for Integrated Employment Services. The Federal Ministry of Women's Affairs in Germany has developed a gender perspec tive which takes die form of a right to examine proposed legislation at an early stage. In the Netherlands, selected policy plans from the Ministry of Education, Culture and Science and proposed legislation from the Ministry of Foreign Affairs and the Ministry of Justice are considered for their gender impact. A specific procedure has been developed to assess the gender effects of policies. In Greece, the General Secretariat for Equality has been reorganised with the aim of strengthening its communications with government departments, regional equality offices and NGOs. reconciliation of work and family life in sectoral or local agreements. Hewlett-Packard Ltd at Boblingen in Germany provides an example of good practice. It operates a system of employee reinstatement following a break fcr family leave which goes beyond the legaî limits of parental leave. British Gas in the UK,17 has developed a range of provisions family to assist employees with designed responsibilities tc develop their skills and further their careers. The provisions are incorporated in a nation-wide agreement. Policies on external relations or external trade and development co-operation Gender analysis is being integrated in all planning procedures of the developing partner countries. This implies a shift away from women- specific interventions to a consideration of gender in all development policies and projects. In relation to the co-operation with ACP countries, the Commission published a Green Paper on the ideas, concerns and methods for the period post Lomé' after 2000 in December 1996. This paper and the subsequent Communication to the Council in December 19971" contain important references to gender as a key issue for economic growth, social develpment and respect for human rights. The Lomé Convention has been the main form of development cooperation between the European Union and 70 African, Caribbean and Pacific States since 1975. Besides the assessment, through a detailed progress report in the form of a Commission staff working paper, of the implementation in 1996- 1997 of the 1995 Council Resolution on integrating gender issues in development co operation, the Commission has adopted in June 1997 a proposal for a Council Regulation on this matter. Once adopted, this Regulation will provide the legal framework for the management of Community financial assistance and provision of the mainstreaming of the gender perspective in all the Community's development co-operation policies and interventions. expertise technical support to The Communication of the Council 'The Trading System and Internationnaly Recognised Labout Standards'" places equal opportunities among core standards to be supported. " Cited in 'Equal Opportunities and Collective Bargaining in Europe', Vol. 1, Luxembourg: Office for Official Publications of die European Communities. » COM(95) 423 final of 18. 9. 1995. " COM(96) 402/4. 9 WOMEN AND MEN IN THE LABOUR MARKET SECTION 2 WOMEN AND MEN IN THE LABOUR MARKET The Guidelines for employment policies in 1998: a step forward for promoting equality The situation of employment in Europe led the European Council to agree a new chapter on employment in the Treaty. The Guidelines pro posed by the Commission provided a framework for discussion at the extraordinary European Council on employment in Luxembourg in November 1997. The Guidelines were adopted by a Resolution of the Council on 15 December 1997. This was a crucial step forward in inserting the equality dimension at the heart of employ ment policy. Equality is now one of the priorities which should underpin national employment policies. In the multi-annual programmes of the Member States under the Essen process, prede cessor to the new employment strategy, policies to promote equality between women and men on the labour market have not been strongly visible to date. An equality gap remains in the labour market. The unemployment rate of women in the European Union is higher than that of men (12 per cent as compared with 9 per cent). Statistics on the structure of earnings in the 15 Member States were gathered during 1997 and are currently being studied by Eurostat. First results of analysis of the data for Spain, France, Sweden and the UK reveal a continuing gender difference in earnings between women and men; a pattern likely to be observed throughout the Member States. Average hours of work have fallen in Europe. This is particularly true in the case of women in employment. An increasing proportion of women are working part time or encaged in weekend, morning or evening work. Although there has been an increase in the number of women and men at work, the growth in the employment rate has not been matched by a growth in the volume of working time (labour input). New policies to desegregate the labour market are needed which bear on both supply and demand factors. Activities to promote labour market desegregation often consist of isolated and dispersed actions without a programmatic framework and which fail to achieve a substantial impact. Some of these issues are being addressed in the EMPLOYMENT-NOW initiative. The second phase priorities (1997-1999) include tackling vertical desegregation, by training women for senior management, and horizontal desegrega tion in non-traditional sectors of employment. For example, computer maintenance jobs are associated with technical work and have a male UNEMPLOYMENT RATES OF WOMEN AND MEN (15-64YEARS) IN THE EUROPEAN UNION, 1996 (%) WOMEN MEN 100 80 60 40 20 B DK D GR IRL I NL SOURCE: EUROSTAT 10 image. A training association in Paris, supported by NOW. has developed a technician training programme with a mainstreaming strategy. This team, based on an action-research study, will try to raise the awareness of employment and gui dance counsellors of the wide range of occupations in new technologies for both women and men. New organisation of work The employment guidelines refer to policies on career breaks, parental leave and part-time work as being of particular importance to women and men. Progress in women's employment has often been linked with the development of part-time work. This development presents both opportu- ln a dynamic and expanding labour market, new gender gaps and gender discrimination are appearing. The Commission, with its partners, will build on efforts already undertaken to improve contractual status and to enhance protection of so-called 'non-standard employment'. There is a risk that women's employment is further con centrated in sectors where they may be over-represented (sectors such as household services or personal care), thus reinforcing sex segregation in the labour market. This development makes essential the formula tion of a policy on equal opportunities in these sectors. WOMEN AND MEN IN THE LABOUR MARKET nities and risks. On the one hand, part-time employment is very often associated with low professional status, lack of job security and lower pay than that earned by full-time workers what ever their status. On the other hand, development of part-time work may offer new opportunities. In many cases, they make it possible for women to return to the workforce after a prolonged absence; in others, part-time employment can be an effective way of combining work with family life. Member States, such as the Netherlands and Belgium, encourage flexibility while trying to ensure all social rights of part-time workers. The Commission has examined these issues in its Green Paper 'Partnership for a new organisation of work,'20 and is currently assessing the reactions of interested parties with a view to establishing how best to modernise the legal, contractual and policy framework. Breaking down traditional gender roles is an important aspect of the task. in In parallel, its Communication, 'Modernising and Improving Social Protection in the European Union,'21 the Commission empha sises the importance of adapting social protection so that it supports and encourages employment, in particular, by maintaining a balance between flexibility and security. 10 COM(97) 128 final of 16. 4. 1997. 21 COM(97) 102 final of 12. 3. 1997. PART-TIME EMPLOYMENT OF WOMEN AND MEN AS A SHARE OF TOTAL EMPLOYMENT IN THE EUROPEAN UNION AND IN ICELAND AND NORWAY (%), 1996 WOMEN MEN 100 80 60 40 20 jJiJjJ D GR E F I RL I L NL A J P FIN S UK 0 J. _J DK B SOURCE: EUROSTAT, STATISTICS IN Focus N"8, 1997. NOTE: D - LFS 1995, N - 1995, IS = 1995. EU IS N // WOMEN AND MEN IN THE LABOUR MARKET This is particularly relevant for part-time workers. In April 1996, the Commission issued a formal consultation paper on 'flexibility, working time and security for employees', which focused on the need to ensure the principle of non-discrimina tion for workers involved in newer flexible forms of work. Women account for a significant pro portion of workers involved in such forms of non-standard' employment. In response to this consultation, the European social partner organi sations (UNICE, CEEP and ETUC) announced their intention to start negotiations on this sub ject, concentrating initially on part-time work. Thus, in May 1997, the social partners reached an agreement on this aspect of the issue. This framework agreement on part-time work recognises the necessity to put an end to discrimi nation against part-time workers and to improve their working conditions, while making the development of part-time work easier. The Council adopted a Directive 97/8122 in Decem ber 1997 which embodies this agreement in law. 23 The adoption of this Directive is a recognition that part-time work is an increasingly important element in the labour market. It is of enormous importance for equal opportunities given that 83 per cent of part-time workers are women. The Directive aims at underpinning the ability of women and men to exercise a degree of choice over their hours of work, choosing to work part- time, for example, when family circumstances demand or during the run-up to retirement. The Commissions consultation document also raised questions concerning temporary and fixed- term contract work. As a next step, UNICE, to the CEEP and ETUC have indicated Commission that they are prepared to negotiate on the subject of fixed-term contract to supple ment the earlier agreement on part-time work. SMEs Women and enterprises In the Resolution on Growth and Employment in July 1997, the adopted at Amsterdam European Council emphasised that special atten tion should be paid to the potential for small and medium sized companies to create jobs. New sectors are appearing with a strong potential for job creation, and the Guidelines for 1998 Employment policies underline that all of possible new innovations must be technologies exploited effectively. New sources of jobs are orten in the services and the care sector, where sources and jobs and 12 women have the greatest opportunities to enter or return to the labour market. The use of new technologies provide new possibilités to women, for example, in rural areas. Women are less likely than men to create busi nesses24 and when they do, the companies tend to be small. Women encounter a range of problems, especially when it comes to securing finance. These issues were raised in the programme of the Third European Conference of Craft and Small Businesses held in Milan in November 1997. The third multi-annual programme concerning enter prise policy and especially small and medium sized companies (1997-2000) explicitly referred to women entrepreneurs in its call for proposals. " The 1996 Report of the European Observatory for SMEs26 includes a chapter on women in SMEs. It underlines the role played by women in SMEs and analyses the specific difficulties encountered by women entrepreneurs. The cxpe rience acquired through the EMPLOYMENT- NOW initiative (half of the projects concern cre ation of enterprises by women) will help the Commission to develop further actions in diis field. Several Member States have taken steps to deal with these difficulties: in Finland and Sweden, for example, women entrepreneurs are supported with a special entrepreneur's loan. Portugal provides specific support, technical assistance structure and a network of national and international co-operation. The development of women's entreprencurship will be an important component of the employ ment process and of the new Objective 3 of the Structural Funds. During 199727 the Commission organised round table discussions which brought to light the need to increase the visibility and recognition of assisting spouses. The discussions were atten ded by MEPs, representative organisations and experts. They highlighted the need to develop M Council Directive of 15. 12. 1997. OJ L 14 of 20. 1. 1998, p. 9. u A draft Directive extending the scope to the UK will be pro posed in 1998. (Legal base: An. 100). * Preparatory documents for the OECD conference "Women, entrepreneurs in small §£ medium enterprises, a major force in innovation and job creation", Paris, 16-18 avril 1997. u Cal! for proposals: Assistants tc craft companies and smsil enterprises, OJ C 117 of 15. 4. 1997. M European Observatory for SMEs, Fourth Annual Report, July 1996. wThe fust was held or» 7 February 1997, the second on 23 and 24 June 1997. training programmes corresponding to actual needs and to improve the representation of assis ting spouses. This is an important dimension of the general policy issue around setting up small family businesses and the move from employ ment to self-employment of family members. In the light of the conclusions drawn, the Commission will propose a number of actions. Individualisation of rights The individualisation of rights in relation to social security is potentially an important issue from an equal opportunities perspective. No Member State has a completely individualised system of social security. They all relate - at least in some respects - social protection and tax assess ment to the specific famiiy situation, by giving so-called derived rights. rate pensions With regard to pensions, for example, the impact of dependant adult supplements and household is considerable, particularly in Belgium and Ireland. Survivors and orphans pensions exjst in all Member States, except in Belgium (orphans pension). Denmark, Finland, Spain and Sweden have systems which are not individualised but take less account of although different survivors pensions exist. At the other end of the scale, there are systems, as in France and Belgium, where the different household situations are very much taken into account. 28 situations, household The Commission has financed a study on the individualisation of social security rights and the possible alternatives in order to adapt social protection to changes in working life and in family structure and has also subsidised a seminar2* on individualisation of rights in October 1997, which afforded Member States experts an opportunity to examine in greater depth what moving towards individualised rights might mean. More work is planned in that area. Adapting social protection to changing needs will be one of the themes for analysis, debates and action among the Member States, the European institutions, the social partners, within the social dialogue and at the 1998 European Social Policy Forum. LMNG AND WORKING IN EUROPE - THE C\R£ AGENDA SECTION 3 LIVING AND WORKING IN EUROPE - THE CARE AGENDA The issue of reconciling work with household30 life is at the centre of major social change, namely, changes in the organisation of work, in demographic patterns, in the restructuring of social protection, in attitudes towards social and economic dependency, in the distribution of caring work between women and men, and in the provision of services between the public and private sectors. A care agenda has appeared in Europe, wider than the debate about childcarc. It concerns the future of the family, the care of the elderly and infirm and the role of men in contributing to care work. Across Europe the following trends are present: • Demand for early childhood services. The pro portion of children aged three years old in nur sery schools is over 90 per cent in Belgium, France, and Italy. 31 • Data in the European Union indicates that 10 per cent of households33 are composed of just one person. The upward trend towards the for mation of single person households presents new challenges for the provision of services. • With the ageing of the population, new needs are appearing. The burden of caring for the elderly predominantly carried out by women, is now added to their responsibilities for child- care. The European Community Household Panel Survey shows that, in 1994,9 per cent of women working for at least 30 hours z week undertake up to 4 hours per day of work caring " DULBEA, Individualisation of Social and Fiscal Rights and zqual Opportunities between Women and Men, UL3, Brussels, 1997. 35 Individualisation of rights, social security and equality between women and mer;, Commission, Univeraiîy of Nanterre, 9-11 October 1997. x À orivate household is one where one, two or more persons share a common dwelling. *' Eurydice Unit, European Coramiiaba. H Euraseat, Population and Social Conditions, 1996, N* 5. 13 LIVING AND WORKING IN EUROPE THE CARE AGENDA for a dependent person after they leave their job. '3 leave to the UK was adopted by the Council on 15 December 1997. The Commission has responded by supporting projects, studies, networking, co-ordinating dis cussions and inviting consultation on these large- scale trends and changes. * Through, for example, the Medium Term Community Action Programme on Equal Opportunities for Women and Men (1996- 2000), a project has been launched in Siena,35 Italy, by the amministrazione provinciale. A local broad partnership of is authorities, promoting a method for analysing the personal service sector and its contribution to the combining of working and family life. trade unions and NGOs, regional and The EMPLOYMENT-NOW initiative has developed programmes combining training and care, and the Structural Funds have, in several cases, undertaken care provisions to facilitate training and returning to work. In the 1998 Employment Guidelines the Council considers reconciling work and family life and facilitating return to work after an absence (often for the education of young chil dren) as a key issue to developing employment in Europe. Member States are invited to strive to raise the level of care provision. The Commission groups of experts 'Gender and employment' and 'Equality rights' are jointly making an inventor)' of the provisions of care for children and all dependent persons in the 15 Member States, Iceland and Norway. They are also assessing the impact of the availability and the lack of care services on women's employment. This work will be fed into a meeting of European Ministers responsible for equal opportunities to be held under the UK Presidency in Belfast in May 1998. Recent legal developments are outlined below. Parental Leave The Council Directive 96/34/EC of 3 June 1996"' on parental leave allows for the minimum provision of three months (unpaid) leave for both male and female employees on the birth or adop tion of a child, to be taken at any time before the child reaches the age of eight. The Directive was adopted under the Social Protocol and initially applied to only 14 of the Member States. Following the agreement in Amsterdam to end the UK opt-cut to the social protocol, a draft Directive extending parental 14 The Directive on Parental Leave is an impor tant element of the series of integrated and com plementary measures needed to meet the obiec tive of reconciling work and household life. During 1997, the Commission reviewed studies and measures being implemented in the 15 Member States. Evidence from the Commissions own moni toring during 1997 and the OECD (1995)" con firms that there are considerable methodological problems in assessing the proportion of women and men who are taking advantage of parental leave entitlements across the Member Slates. Nevertheless, existing trends show parental leave is primarily used by women. In Denmark, where there is a tradition of parental leave, 90 per cent of beneficiaries are women. '*1 Pregnancy and maternity The Council Directive on pregnant workers 92/85w adopted in 1992 under Article 118a establishes a framework for the introduction of measures to encourage improvements in the safe ty and health at work of pregnant workers and workers who have recently given birth or who arc breastfeeding. Article 14 (4) of the Directive pro vides for Member States to report to the Commission on the practical implementation ot the Directive, including the views of both sides ot industry. On the basis of the information pro vided, the Commission is currently preparing this report. As foreseen in Article 3 of the Directive, the Commission continued preparing a guidance document on the assessment of the chemical, physical and biological agents and industrial processes considered hazardous for the safety or health of these workers. The Commission has been assisted in this task by the Advisory Committee on Safety, Hygiene and Health pro tection at work, and the final text will be drawn u Kurosrat, Statistics in Focus, 1997, No. 5. •"Demographic Report, COM(97) 361 final ot 9,/. |')')7; Modernising ami Improving Social Protection the European Union, COM(97) 102 final of U J. I W /; Partnership lor a New Organisation of Work, COM{97) 128. in "Project Labour 'learn, Amministta/. ionc Pruvimiair di Siena, Italy. * OJ I. 145 of 19. 6. 1996, p. 4. ,7 O E C D, Employment Outlook, Paris, July 1995. w Communication from Ligesritlhigsradet, Denmark, i997 " OJ L 348 of 28. 11. 1992, p. 1. •_ Member Scares in ih. 'L<$tt&£&re IK February 1998, the Commission adopted a report on the implementation of the 1992 Council Recommendation on childcare. 40 The Report was prepared subsequent to analysis du ring 1997 of Member States responses to a Commission questionnaire. The report reaf firmed the central role of childcare provisions in reconciling work and family life across the European Union. The the Recommendation has been to stimulate debate on the care issue. The role of the workplace in ensuring family-friendly policies has come to the fore during the Recommendation, as has the role of private organisations. The position of family day-care (childminding) figures less frequendy in replies of the Member States. success of following years the The 1998 employment guidelines state that there must be 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. Establishing a framework for the diversity of policies to respond to the demands of both childcare and dependent care will be part of the care agenda of the future. The Commission will support the Member States in this regard and will monitor progress made during 1998 in order to prepare 1999 guidelines. Other initiatives Almost all Member States have embarked on one or more initiatives designed to explore or promote the harmonisation of work and family life during 1997. 4' An overview of these measures shows the con siderable heterogeneity of approach. Belgium, Spain, Portugal and France have supported studies on parental leave or on the ideas implied by reconciliation. Italy and Austria have tried to raise awareness through conferences, or publicity campaigns to encourage reflection on the division of care work within couples. A number of Member States have drafted proposals (Italy) or amended their legislation to increase the insurance value scope (Denmark) or the (Germany) of maternity and parental leave. Diversify ,, -•; ~\±!iA. or:. »„. ;•"• '}. ;. gt-vvr, h -LS rer-ei't thîîdcare pro;h~. •'. -n ht ûv: Merr. -r. Stares. In sevcrr! r. -j. ,s. nr. «v Starter. cjv. :r*tzy means a rrxige of services to mua* etc dif ferent: working patterns of patents and the needs of non-employed parents. For other Member States, the $<z&i>dk for diversity has been reflected in developing îypes of child care which match the diffèrent needs of children and respond to their development at difrerem ages, Ireland and the UK. Portugal has been conduc ting an enquiry into the situation of workers who are also caring for an elderly person in their home. Austria, the Netherlands, Denmark and Finland have widened the scope of existing campaigns to include men in measures for better combining work and family life, or are monitoring men's readiness to use leave schemes and other social provisions. SECTION 4 PROMOTING A GENDER BALANCE IN DECISION-MAKING Over the last two decades, a visible trend has been emerging which extends the focus of equal opportunities beyond the labour market. Crucial to this development has been the recognition that women's under-representation in decision-ma* king positions presents a formidable barrier for the democratic development of the European Union, its cohesion and its global competitiveness. Women are widely under-represented in deci sion-making positions including those in the political sphere. The situation has significantly improved since recent (1997) elections that took place in several Member States of the European Employers and Trade Unions are involved m the development of innovative measures in * COM(98) of 4. 2. 1998. 15 £m«cted from Advisory Committee qucstioniuire replies 1997. 15 *. ap»*«T*iwt*?'<i *--f*«ep**i*mfrtH***e. fym&B ^'WWWStafcS PROMOTING A GENDER BALANCE IN DECISION-MAKING Union; however, the gap remains substantial. The various strategies to reach a critical mass of women in decision-making posts were described in the 1996 Annual Report. The visible and strategic presence of women in the public sphere, including the political sphere, is a precondition for their promotion and rise to decision-making posts in other spheres. by 2. 5 percentage points (from 16. tS to 19. 3 po cent). Women's participation at a regional level is much higher than it is at national level, in 1997 women's participation was 23. 2 per cent in the regional governments. Between 1996 and 1997, it rose from 25. 1 to 26. 6 in regional parliaments. The participation of women in national parlia ments in the European Union increased overall by 2. 3 percentage points between the reference dates of 1996 and 1997 (from 14. 8 to 17. 1 per cent). Recent elections have brought some improvement in relation to the number of women in political decision-making. A Eurobarometer survey42 found an increasing willingness among Europeans to accept the idea of women rising to posts of political responsibility. Despite this trend, women remain proportionally better represented in government posts than in assemblies elec ted by direct ballot. They also fare better when elections are by proportional ballot. The positive value of integrating women into elected positions has still to be fully recognised. The Council Recommendation on the Balanced Participation of Women and Men in Decision-Making43 expresses for integrated action in order to address the gender imbalance in decision-making in the European Union. As such, it complements initiatives that have been taken at international and national levels. the need It calls on Member States to develop an inte grated strategy to promote a balanced participa tion of women and men in decision-making authorities. During 1999, the Commission will prepare a first report on the implementation of the 1996 Council Recommendation for the three year period since its adoption. The Committee on Women's Rights in the' European Parliament produced two significant reports on women in decision-making positions. The first report44 set out a clear analysis of the The representation of women in government is frequently higher than their share in their respec tive national assemblies. Between 1996 and 1997, women's share in governmental posts rose 1 Européennes, Européens: A dunces égaies? Eurob. uomcR"' 44. 3 Opinion Poll. March-April ll>%. 1')% Repot t. 1 Oj L 319 of 10. 12. 10%, p. U. ' European Parliament Women's Rights Committee, sub- mimed by Jessica Uirive EP, 20S. 6W>/fui. lv>v>-4. IftimdftméN OF'woMâfcAi Tdt NAÇÙHIAI mmMfàNmN'tÊ&jQ^ MEMBER ST«|p&, IWÎHE EUROPE At* PARU ÀMËNT Alfe K^L/^i^^v';*\^fcr,x'':V. V '^'% NORVW AN#tl£CH¥£NST£M (%) 199$ AND 1997 '. '*'. '-;!' J*'-:-*'•"?* 51996 1997 l OO 80 60 40 20 B D K* D GR E F I RL I L NL A P F I N S ** UK E U 15 M EP FL IS N SOURCE: DATA FOR 1996 FROM THE EUROPEAN EXPERTS NETWORK IN DECISION-MAKING. DATA FOR 1997 FROM FRAUENCOMPUTERZENTRUM BERLIN. NOTE: * EXCLUDES 4 MEMBERS ELECTED IN GREENLAND AND FAROE ISLANDS. ** PARLIAMENT INCLUDES 15 SUBSTITUTES FOR MINISTERS. 16 PROMOTING A GENDER BALANCE IN DECISION-MAKING barriers to decision-making as well as proposing specific measures which help raise both the quan tity and quality of women's representation in decision-making. The second report45 called for an integrated strategy to improve women's repre sentation in decision-making. The Committee of the Regions46 stressed the importance of the shift in public discussion regarding women in decision-making asserting that there is increasing support for the aim of achieving a balanced participation of women and men in the nominations of representatives in the Committee by the Member States. The Commission, for its part, provided Member States and other concerned bodies with a practical tool for the promotion of a better gender balance. The guide 'How to Create a Gender Balance in Political Decision-Making',47 published in 1997, provides a means to put political will into action with a view to empowering women by way of suggesting concrete strategies and policies. The guide offers specific recommendations to governments, political parties and women's organisations for increasing the number of women in political decision-making. The Commission also supported research on women's participation in areas that do not neces sarily belong to the political sphere, namely in the areas of health, justice, finance and education41. In addition, it conducted a comprehensive study that mapped and assessed the research that had been done on women in political, economic and social decision-making in the 15 European Union countries, Norway and the institutions of the European Union49. The results of these empirically-oriented studies provided the basis for transposing the political commitments made by the Member States of the European Union in the Beijing Platform for Action, the Council Recommendation and the 1996 Charter of Rome into effective strategies for the promodon of a better gender balance. The Commission launched a Third Action Programme for Equal Opportunities for Women and Men among its own personnel (1997- 2000). w This programme sets out an integrated strategy aimed at improving the balance in the representation of women and men at the various levels in the institution, and at developing a gen der-sensitive work culture. This strategy is based on the dual approach of mainstreaming the gen der perspective in all personnel policies, as well as raking positive action in the area of recruitment and appointment of women to decision-making positions. The programme also aims at impro ving facilities to reconcile working life and fami ly commitments. Bodies responsible for equal opportunities in in the Member States have been active supporting a wide range of activities to encourage and develop a greater role for women in decision making. Social partner organisations and NGOs have also contributed to the promodon of a gender balance. Conferences and studies on the subject were organised during 1997 by UEAPME, the ETUC, CEC and women's organisations in Spain and the Netherlands. The Medium Term Community Action Programme for Equal Opportunities for Women and Men51 (1996-2000) has supported a number of initiatives in 1997 relevant to the promotion of a balanced participation of women and men in decision-making. For example": 1 The Belgian Senate has initiated a collaboration project between Committees on equal opportunities in national parliaments and the Committee on Women's Rights of the European Parliament. A conference took place in May 1997 in the Belgian Senate. In 1998, the national assembly of Portugal will chair the activities under this project. The Council of European Municipalities and Regions (CEMR) has planned to widen the European network of local and regional elected women representatives, to other members. the dissemination of Improvement information on equal opportunities to local communities, participation of women and men elected at local and regional levels in meetings and conducting surveys on decision-making in local politics, are included in this project. in " European Parliament Women* Rights Committee, submit ted by Irene Crepaz EP 214. 950/fin, 1996. u Resolution on the appointment of COR members in terms of equal opportunities. Committee of the Regions 237/97. m Commission, Directorate General for Employment, Industrial Relations and Social Affairs, 1996. " Gender, Power and Change in Health Institutions of the European Union, European Commission, DGV; Women in Decision-making in the Judicial Systems of the European Union, CESEP; Women in the Financial Institutions in the European Union, Wissenschafazentrum Berlin; Women in Decision-Making in Education, Catholic University of Louvain. " J. Lovenduski, Southampton University. "Third Action Programme for Equal Opportunities for Women and Men within the European Commission 1997- 2000 SEC (97) 536/3. •»COM(95) 381 final of 19. 7. 1995. Council Decision of 22. 12. 1995. OJ L 335 of 30. 12. 1995. p. 37. "see Directory of the Projects, 1997, Medium-Term Community Action Programme on Equal Opportunities for Women and Men (1996*2000) Commission, DGV. 17 EQUALITY RIGHTS - PROGRESS IN 1997 • The FrauenComputerZentrum (FCZ) in Berlin has set up a European data bank on 'Women and Decision-Making'. It provides valuable base data for further research, studies, training methods as well as for the development of to promote women's strategies political participation in decision-making. * The National Women's Council of Ireland has also collected data on women and decision making in all sectors so as to put strategies into place for ensuring a balance between the sexes in the decision-making process. One particular goal is to discern training needs with a view to encouraging women's effective participation. SECTION 5 EQUALITY RIGHTS PROGRESS IN 1997 Legal and enforceable rights are the basis upon which a regime of equal treatment is built. In 1997, attention was focused on intergovernmen tal discussions and the Amsterdam Treaty, which gives new responsibilities and new possibilities for European institutions to promote equal opportunities for women and men and to fight discrimination. At the same time, several themes have emerged in relation to supporting equal opportunities for women and men. Equal pay One of these themes is that of equal pay, which has long been a cornerstone of equal opportuni ties for women and men. The Code of Practice on the implementation of equal pay for work of equal value, adopted by the Commission,11 was discussed by the Committee on Employment and Social Affairs in the European Parliament. The Report was adopted on 11 June 1997. *4 The report emphasises that setting up and imple menting job evaluation and classification systems are considered to be essential in order to elimi nate sex discrimination from pay structures and remove unfair wage dements. Awareness-raising and information campaigns are also described as an important step in the process of reducing the current wage differentials. 18 Burden of proof The adjustment of the burden of proof in the case of sex discrimination has long been a con cern of the Commission which had already pro posed a Directive in 1988. " In July 1996, the Commission submitted a draft Directive5' to the Council. It was presented to the Parliament which gave its opinion" on the first reading. A new proposal was submitted to the Council and was the subject of a common position on 27 June 1997. After the opinion in second reading by the European Parliament, the Commission submit ted a re-examined proposal of the Directive. The Council adopted the Directive* 97/80 on 15 December 1997. Social security schemes As far as social security is concerned, the Commission has concentrated on extending the benefits of equal treatment in social security schemes, in particular to self-employed workers, following the Barber ruling5' by the Court of Justice of the European Communities. On 20 December 1996, the Council adopted a new Directive Directive 86/378/EEC. The Commission is also studying a new draft Directive to bridge the gap in existing Community legislation in the realm of equal treatment between women and men. This pro posal should deal with important matters such as pensionable age, survivors' benefits and family benefits which are excluded from the scope of existing Directives". amending 96/97*° Positive action: Kalanke and Marschall cases Following die Kalanke case, the Commission proposed to amend Directive 76/207/EEC on equal treatment. *2 On 17 April 1997, the Council » COM(96) 336 Final of 17. 7. 1996. M European Parliament Committee on Employment and Social Affairs. Report on the Code of Practice on the imple mentation of equal pay for work of equal value, EP 220. 249 adopted on 11. 6. 1997. * O JC 176 of 5. 7. 1988. M 1996 Report, p. 102. » 10. 4. 1997. "OJ L 14 of 20. 1. 1998, p. 6. The adopted text meets the principal objective sought: dut of reversal of the burden of proof to favour the complainant. » Case C-262/88 of 17. 5. 1990 Barber v. GRE [1990] ECR 1889. " OJ L 46 of 17. 2. 1997, p. 20. 41 Directives 86/378/EEC and 96/97/EC as far as the *df- employed are concerned and 79/7. • Case C-450/95 Kalanke v. Freie Hansestadt Bremen [1995] ECR-I 3051. COM(96) 88 final of 27. 3. 1996. p. 93. à-càdad 10 postpone discussion on this issue as tH- majority of the Member States did not believe it was necessary to change the Directive. Since the Kaianke ruling did not call into question its validity, the Member States wanted to re-examine their position in the light of the outcome of the IGC. In case C 409/95 (Marschall/Land Nordrhein- Westfalen), the European Court of Justice63 concluded that a national law which gives priority to women in promotions in the public sector in cases where there are male and female candidates who are equally qualified for the post in question does not conflict with Community law provided that certain conditions are satisfied and the promotion of a male candidate is not excluded from the outset. The ruling of the EC] confirms the legality of the approaches to posidve action when they allow a degree of flexibility in their application (not automatic). The new Amsterdam Treaty Article Y*4 (4) will not, on coming into force, change the situation. The European Parliament ir The interpretation of the Amsterdam Treaty and its impact an die reinforcement of equal access to social jeeurky regimes and on the maintenance and zd'jyûtm of positive actions is now bsing studied. rhe judgement o? Provisions for positive actions ia national ;/ad Community law have also to lw recon- iidzrzd after the European Court of Justice in the h! irjdiall esse and the Commission has to ^vbage what are rhe nsvr powibil'des to sn&ire that equality cf trectTient may not only riziù creating squal opportunities forir^:»iduais of different *rr but T?*ay *l$o çncccnpasa action to reduce sirtac^ural dî:r$er«tcc$ m the position of wsr : nn and aaen hi working ViiC generally. EQUALITY RIGHTS - PROGRESS IN 1997 subject during 1997. The Commission is conse quently evaluating die results of studies commis sioned during 1997 in order to determine further how best to approach this issue at European level. Trafficking in Persons Respect for the human rights of women is recognised as an integral part of human rights. The human rights of women include the right to have control over and decide freely on matters relating to their sexuality, including sexual and reproductive health, free of coercion, discrimina tion and violence. This is endorsed in the Commission Communication of 1996, which deals with one aspect of violation of the human rights of women: trafficking in women. 64 The importance given to observing democratic princi ples ;. nd human rights under the Treaties was one of the inspirations behind the Commission Communication on combating child sex tourism of 1997. " Throughout 1996 and 1997, the Commission, the European Parliament**, Member Stales and concerned NGOs67 have expressed, in often pas sionate language, a revulsion for the violation of me rights and human dignity of women and chil dren (both girls and boys) in the European Unioïi, as well as the devastating effects this has on victims living inside and outside the European Union. The Commission has proposed an integrated, multi-disciplinary approach to tackling traffick ing «Lid has supported co-operation between law enforcement agencies under joint action initia tives by the Member States. " The Justice and Home Airairs Council have now extended, the mandate of th« European Drugs Unit to the field of d e c k i ng b human beings. As. -: measure to comba: violation of women's humai rights, a new programme known as STOP69 - Stop tb. £ Trafficking of Persons - was presently studying aie consequences of this case for to modify Directive 75/207. the Commissions proposal fe^rzi h®rms?fi%n$ at work Th. 2 projection of îhz dignity of women airi men a: work is of crucial importance. Tînt Commission has already launched research, information campaigns and guidelines v/ith tne social partners. The social pawners havs agreed thaï szmâ harassment is a widespread pioûlem but thev did not conduds an agreement on this a C^sc C-4C9/95 Maschaîî v. Lusd Noidrhcin-Westfckn of ! 1. 11. -: 997. M COM(96) 557 firal. of 20. 11. 1996. See also: the Hague 5*ïkmïeriaî Dodaradon on Eu~>pean Guidelines for afibc- rivs i:>:;^Hiiuras VÏ sisroas aad combat traiHdung sa v/osnen for ï!b. 2 pviïyces of sxria' exploitation, Minmeiiai Cos. fence uad;. " îhe PanHeacy of the Easopeaa Union, The Hagvs, 24-25 Aoril 1997. * 0 ] C 3 o f 7. 1. 1 ? ^ , p. 2. " Esyopsa. "! Parliament CwniaiKse on Civil Libcnis :i»d InteiTiEi AZ&UJ. Rîrorî ©a '. r^Sidàng in harnsn bein^p of l4. 12. i9W. * Statement fiam tha Eissop&an NGO Coofsrance on saï- îkkïîig in women, hfcank/ijkerhoist, 5-7 April 1997. 45 Tssa:y ef European Untan, Ardde K3 (2) second iademi. " O J L 3 2 2 of 12. 12. ?. 99S. I£ FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION launched covering the period Î996-200070 to develop initiatives to combat trade in human beings, sexual exploitation of minors and the use of telecommunication facilities for the purposes of such crimes7'. The priority given to such initiatives was sus tained by die DAPHNE initiative72 introduced by the justice and Home Affairs Task Force of the General Secretariat of the Commission in 1997, thus assisting non-governmental and voluntary organisations in fighting violence against women, young persons and children, and in particular in combating sexual abuse and sexual exploitation. Seme 46 DAPHNE projects have been selected for an action programme. SECTION 6 FOLLOW-UP TO THE BJ PLATFORM FOR ACTION The UN Fourth World Conference on Women75 was an event of tremendous signifi cance, it demonstrated a consensus that women's issues are global and universal and that gender equality for all people is essential for the cons truction of just and democratic societies for the twenty-first century. The Platform for Action which emerged as a result of the Conference together with the preparatory process provides both a framework and an agenda for action on the critical areas of concern to women throughout the world. The importance of political determination and the fulfilment of the commitments made at the Fourth World Conference on Women at Beijing were key messages taken by the European Union to the Commission on the Status of Women in New York during 1997™. Many representatives of women's global networks and organisations also went to New York to dialogue with government representatives and international organisations on how to follow up me Platform or Antion. ans. effectively prolong the impact of dît* Deijing Conference, Trie impsa of a. vvcrlc'. -widc. denenjs- 2C •*&r,-:%Vî2*>&-A '-^UBF^*. :-' '•. •'^we*PSB*PFî: •Pitm^x tration on this scale cannot be measured over the course of a single year. The impact of the Conference can also be attributed to the fact that underlying concerns in relation to equal opportunities issues emerged it the same time in a large number of countries, and certainly within the European. Member States. The Conference has accelerated the process of reform and contributed to a better co-ordination of actions and interventions. During 1998. the Commission will continue its monitoring of the implementation of the Beijing Platform for Action and facilitate the ongoing dialogue between Member States con cerning its implementation. À European wide review of progress since 1995 will be supported during 1998. Responses to Beijing hy the Member States Member States have oudined their plans to meet the goals established at Beijing in the first fcliov. '-up reports, which were published during \S% and circulated during 1997. Many of the national reports presented plans rsther than con crete achievements. Eich Member State has to fill the gap between goals to be achieved and actual projects and programmes put in place to imple ment them. Member States have developed actions and plans under the various headings of the Platform for Action. Under education and training, Spain has published a non-sexist education handbook; at a different level, Luxembourg has produced a manual, 'Convention on the Elimination of all forms of Discrimination against women' (CEDAW). To take account of the Platform for Action on health, both Norway and Ireland have developed plans which take into account the gen der dimension of health and health information. Under the heading of violence against women, Germany, Greece and Belgium have each initia ted and supported new developments: Germany in training materials for women's refuge staff, Greece in research on sexual abuse, and Belgium n Launching date: 1997. "Joint Action of 29. 13. i 996. O] L 322 of the 12. 12. 1796. p. 7. n Daphne Initiative OJ C Ï36 of 1. 5=1997 p,!4. n UN Fourth World Conference on Womer. Beijing- Chi*-*. 4-15 September. 1995. "Statement or. beh«kf «if the EurcpeiMt Uruor- *>y M* lv. \ ^vr-:wt:, head of the Neth^Urids étitgim*. -. •:> Î!V. - '"*? sœikir of the Unïtci Naiifiss 0>^-. nitt;'-:>. on '"* i. r;,;. rî V/cKft. , Nw< vt»rk, ! G M*v<4> 1?97. in the area cf specialised police units. Every Member State has supported acLon in the strate gic area of women ana the economy The Portuguese development of a spécial observatory to monitor and prevent direct and indirect dis crimination and to promote a new culture of equality between women and men among the social partners is of panirjlar interest. Luxembourg Presidency In December the Luxembourg 1997, Presidency organised a discission on the follow- up to Beijing. The discussion considered three aspects: • the integration of the concept of mamstreaming into national policy of the Member States; • the best practices ia the field of positive action in the Member States; • measures undertaken by Member States in the struggle against violence towards women. In their conclusions, the Council noted that following a number of declarations of intent, Member States had moved to concrete action. The Council noted that real efforts have been made on most of the themes of the Platform for Action defined by the United Nation*. The Council observed that Member States underlined the important role played by NGOs in the pro motion of women's rights at Member State level as well as international level. NGO support United Nations agencies and international NGOs, among others, have developed a number of new systems to measure progress in reaching the goals of the Platform for Action. 75 These sys tems propose simple and uniform indicators of advancement in reducing gender disparities or promoting the empowerment of women in coun tries at different levcb of economic and social development. The Fourth World Conference brought together a wide range of participants: repre sentatives of states fat apart geographically as well as in terms of economic Ot political development:; représentatives of NGOs of all sizes and ranges; local movements and international organisations? and the media. This face-to-face exchange was particularly useful FOLLOW-UP TO THE BEIJING PLATFORM FOR ACTION The NGO Forum held at Huairou outside Beijing in parallel with the UN Conference was one of the largest assemblies of women's NGOs which had ever taken place. It has had the impor tant effect of strengthening relations between NGOs around the world and increasing their contribution to change through dialogue with governments. At a regional and international level, European women's NGOs have been involved in organising the monitoring and fol- iow-up of the Beijing Global Platform for Action. During 1997, many NGOs in the field of deve lopment examined the integration of gender into European and national governments' develop ment co-operation, trade and external relations policies. "Sec UNDP Human Development Report 1996, Oxford University Pre**, Social Watch 1997, Institute del Terccr Mundo, Montevideo, 1997. 21 ISSN 0254-1475 COM(98) 302 final DOCUMENTS EN 05 06 04 17 Catalogue number : CB-CO-98-302-EN-C ISBN 92-78-35955-6 Office for Official Publications of the European Communities L-2985 Luxembourg JUl