The European Women's Lobby

· The draft Directive will apply to both direct and indirect discrimination

· Less favorable treatment of women for reasons of pregnancy or maternity is considered as direct discrimination

· Differences of treatment may only be accepted if they are justified by a legitimate aim, such as the protection of victims of sex-related violence or reasons of privacy and decency for example

· It is limited to goods and services available to the public and offered outside the area of private and family life

· It does not apply to the content of the media or advertising nor to public or private education. Insurances: the directive applies to insurance and related financial activities, however a number of exceptions are allowed

The deadline fo the transposition at the national level was December 2007.

Equality of women and men in European legal texts

1. The Treaties

Equal pay in the Treaty of Rome (1957)

The first provision on gender equality in the early European Community Treaty was article 119 of the Treaty of Rome, which introduced the principle of equal pay for women and men for equal work. This principle was used extensively by the European Court of Justice to ensure equality between women and men in employment in general.

Gender equality reinforced in the Treaty of Amsterdam (1997)

In 1997, equality between women and men, extending beyond the issue of pay, was introduced for the first time into the European Treaties as a one of the objectives and mission of the European Union (articles 2 and 3 TEC). Article 13 of the same Treaty, which is the general anti-discrimination clause, also makes reference to discrimination on grounds of sex and can be used as a legal basis for proposing further European legislation (directives). Article 141 TEC (ex article 119) allows for further European legislation on gender equality in employment, it contains a reference to equal pay for women and men for equal work or work of equal value and it introduces positive action measures to achieve this. The progress achieved in this instance was due to the lobbying efforts of EWL and women across Europe.

Please, click here to read the treaty articles.

2. The directives

Directives are "laws" adopted at European level, which must be transposed into national legislation in the Member States (a national law that contravenes a Directive must be changed).

The main Directives on equality between women and men are:

Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women
Council Directive 76/207/EEC of 9 February 1976 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. Amended by the Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002
Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood
Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding
Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave Burden of proof in cases of sex discrimination (1998)
Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
Council Directive 2002/73/EC of 23 September 2002 amending Council 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

With directive 2002/73, modifying the general equal treatment in employment directive, for the first time at EU level, binding legislation was introduced, that defines sexual harassment and recognises sexual harassment as a form of sex discrimination. Governments of the Member States will have to introduce legislation requiring employers to introduce measures to prevent sexual harassment in the workplace and to draft equality plans on a regular basis. In addition, the new text provides for increased job safeguards for parents who want time off to look after children. This text will have to be translated into national legislations by October 2005.
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

Directive on antidiscrimination based on article 13 TEC:

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

Please, click here to read more about European anti discrimination legislation.