The Charter represents real progress in recognising, by its very existence, the need for a legal instrument protecting fundamental rights at the European Union level. The EWL believes that these common values for European countries should be considered as a positive step in a process towards achieving real protection of fundamental rights for all those in the European Union.
The EWL would like to thank those who have contributed actively to these positive changes, and more specifically the 16 women members of the Convention whose amendment was adopted.
However, despite these positive developments, the EWL notes that a full gender dimension is still missing in the Charter. The EWL would like therefore to reiterate some of the demands formulated in its previous written contributions, urging political leaders to fully integrate gender equality in the Charter in order to ensure the protection of half the population’s interests.
The EWL recalls that one of the tasks of the European Community as defined in the Treaty is ‘to promote equality between men and women’ (article 2 Treaty of the European Community). Il all the activities of the Community set out in article 3.1 TEC with a view to implementing its defined tasks, ‘the Community shall aim to eliminate inequalities, and to promote equality between men and women” (article 3.2 TEC). Article 141 TEC is devoted to the principle of equality between women and men in the field of employment and working conditions. The non-discrimination clause (article 13) refers to discrimination based on sex.
On the legal nature of the Charter, the EWL has not yet reached a consensus on whether it should be a declaration of moral value or a legal binding instrument through the inclusion of a direct reference to the Charter of Fundamental Rights within Article 6 of the Treaty of the European Union, thus providing a mechanism for reviewing the contents of the Charter.
CHAPTER I DIGNITY
Prohibition of gender related violence and persecutions:
The provision condemning torture and inhuman treatment should explicitly state that gender related violence or persecution is a form of torture. Sexual genital mutilations, whose first victims are women and girls, still take place on European territory. This inhuman treatment is a form of torture and should thus be considered as such, as well as other kinds of gender related violence such as rape, domestic violence, forced marriage, forced sterilization or abortion, “honour” killing, including those which take place within the family.
Proposal of the EWL
Chapter I ‘Dignity’, amend article 4 ‘Prohibition of torture and inhuman treatment’:
‘No one shall be subjected to torture or to inhuman and degrading treatment. This includes any kind of gender related violence such as among others female genital mutilations, rape, violence in the home, forced marriage, forced sterilization or abortion, “honour” killings, also when executed within the family.’
CHAPTER II FREEDOMS
Fundamental right of women to control their fertility:
The introduction in the Charter of the fundamental right to control fertility is essential, in particular given the ambiguities likely to emerge from articles 2 (right to life) and 3 (reference to eugenics).
Right of consultation of NGOs:
The EWL supports the demand of the Platform of European social NGOs formulated in its press release of 5 October to insert in article 12 on the freedom of meeting and association the right of consultation of NGOs at the level of the European Union.
Gender-sensitive asylum policy:
The particular kind of gender related violence suffered by women refugees and asylum seekers must be given specific attention in the context of asylum procedure. Treatments threatening or harming women’s physical or psychological integrity must be considered as a form of torture whether they are enforced by legal norms, committed by state agents or imposed by social or religious norms.
Proposal of the EWL:
Article 18 ‘Right to asylum’, add the following paragraph:
“Gender persecution including sexual mutilations or other gender related violence such as rape, forced marriage, violence in the home, honour killing, shall be given particular attention within the grounds for seeking asylum».
CHAPTER III EQUALITY
Combating multiple discriminations faced by women:
The EWL is not entirely satisfied with the new proposed gender equality provision in the Charter (article 23). Indeed, this provision does not recognise the unconditional principle of gender equality in all areas in strong terms. Furthermore, it is regretful that a general gender equality clause is not included in the Charter as a separate provision from the one dealing with equality in the field of employment, work and pay .
The EWL recognises nevertheless the significant improvements made, but underlines that the issue of multiple discrimination faced by women is still not tackled in this final version. Women are very often exposed to double or multiple discrimination, first as women and secondly due to their ethnic origin, their religion or belief, their disability, their age and/or their sexual orientation. Any measure aiming at tackling discrimination on a given ground should integrate the gender dimension as well, i.e. take into consideration the specific needs and problems of women. This would also be in conformity with the principle of gender mainstreaming (art.3.2 TEC).
Proposal of the EWL:
Chapter III “Equality”, article 21 Non-discrimination, amend as follows :
- In para.1: Delete the word “sex”
- Add a paragraph (3): “A gender dimension shall be adopted while combating all forms of discrimination in order to eradicate multiple discrimination that many women face.”
CHAPTER IV SOLIDARITY
Reconciling family and professional life:
In order to increase women’s independence through their labour market participation and to achieve effective gender equality, family responsibilities and parental leave should be equally distributed between women and men. This involves notably the availability of quality and affordable childcare, legal paid parental leave and legal paid paternity leave at the birth of a child.
Proposal of the EWL:
Article 33, Add the following paragraph (3):
“In order to promote an equal sharing of family responsibilities, the Union recognises the need of legal paid parental leave as well as legal paid paternity leave at the birth of a child. The availability of quality and affordable childcare to anyone in need of such services should also be facilitated".
Social security and social assistance:
As already raised by the Platform of European social NGOs, some essential social rights (most of which are set out in the revised European Social Charter) should be added in article 34, namely the right to housing and the right to a minimum income that allows people to live in dignity. This would reflect the actual situation and allow counteracting the feminisation of poverty in Europe.
Health care:
In order to ensure that the health needs of the entire population are tackled, specific care that responds to women’s special health needs should be taken into account. Reproductive health, gynaecological and obstetrical services must be kept accessible for every woman, as well as all preventive and screening services that meet the needs of women as patients and consumers.
Proposal of the EWL:
Article 35, add the following paragraph: ‘Within the right to appropriate health care, women’s specific needs must be taken into consideration and provided for’.
CHAPTER V CITIZENSHIP
Principle of PARITY democracy:
A provision on parity democracy in the Charter is essential to achieve a balanced representation of women and men in decision-making positions at the European level. The problem of under representation of women in decision-making positions persists and must be tackled with concrete measures such as the ones already adopted in some Member States. This principle must be integrated in the Charter through a clear and separate provision.
Proposal of the EWL:
Chapter V “Citizenship”, insert new article “Parity Democracy”:
1. Parity democracy, meaning an equal representation of women and men in the organs and institutions of the Union, constitutes a fundamental principle for both the European integration and the institutions of the Union.
2. Positive measures should be taken in order to favour an equal access of women and men to governmental and Community bodies, as well as political parties.
