Commission issues equal opportunities report

The European Commission issued its annual equal opportunities report in March 2003. It outlines the main progress towards gender equality made in the EU in 2002 and looks at the gender equality state of play in the candidate countries. While significant steps have been taken in the area of gender-related legislation, the Commission is highlighting improved women’s participation in decision-making as the priority theme for 2003.

The seventh annual report on equal opportunities, issued by the European Commission on 5 March 2003, examines in detail key new legislation and developments in case law in the EU Member States, analyses candidate countries’ progress in implementing existing EU law and looks at the position of women in the labour market, as well as women and the phenomenon of social exclusion. It also examines progress in gender mainstreaming – integrating gender equality into all other EU policy areas. The annual equal opportunities reports are issued within the framework of the Community framework strategy on gender equality (2001-5) (EU0007264F).

Gender equality in an enlarged EU

Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia are due to join the EU from 1 May 2004 (EU0301201N). According to the Commission, the intervening period provides the opportunity to reinforce monitoring and cooperation support for these 10 countries in their final stages of preparation for full membership. In this context, the EU action programme for gender equality was opened to candidate countries during 2002.

Legislative transposition

In the field of equal opportunities, the report states that a total of nine EU Directives dealing with gender and equality need to be transposed in the 10 candidate countries due to join in 2004. Alignment is as yet patchy, with Estonia, Malta and Poland lagging behind but the process well advanced in countries such as Cyprus, the Czech Republic, Hungary, Latvia, Lithuania, Slovakia and Slovenia. Some progress has been made in Bulgaria and Romania, which will not join in 2004, but are at an advanced stage in their accession negotiations.

The supporting institutional bodies are also in varying states of development, with, for instance, the establishment of an equal opportunities council in the Czech Republic in April 2002, while Cyprus still requires better structures to implement equality legislation, although it enacted legislation guaranteeing equal pay for men and women in September 2002.

Socio-economic dimension

In order to prepare candidate countries for participation in the European employment strategy (EES), a cooperation process consisting of 'joint assessment papers ' has been put into place. This process has identified strengths, weaknesses and measures to be taken as regards employment. In contrast to the experiences of the 15 EU Member States, women’s participation in the labour market in accession countries was previously high (with the exception of Malta), but it has declined dramatically during the period of economic and political transition undergone by central and eastern European countries. Although unemployment levels for women and men are high in many candidate countries, gender gaps in both employment and unemployment are narrower than in the EU.

The gender pay gap is, however, very wide in the candidate countries, according to the Commission. Further, childcare facilities in central and eastern Europe that collapsed with the previous system need to be rebuilt.

Social inclusion

In the area of social inclusion, 'joint inclusion memoranda' are being prepared to identify gender-related problems in the candidate countries and measures to combat them. These will be finalised by the end of 2003.

Women in decision-making

The EU gender equality action programme forms part of the support for accession countries in the area of women in decision-making, by providing for a phased awareness programme geared towards allowing women to play a full role in decision-taking and political life by the time of the 2004 elections to the European Parliament.

Framework strategy for gender equality

The annual report assesses aspects of progress in implementing the Community framework strategy on gender equality (2001-5), as follows.

Gender mainstreaming and the employment strategy

Gender mainstreaming in order to promote gender equality has been recognised internationally since the mid-1990s, but the Commission finds that despite several improvements, much remains to be done in the EU to try to close gender gaps as well as to try to raise the labour market activity rate for older workers. The most recent Council of Ministers/Commission joint employment report, issued in November 2002 (EU0212204F), estimated the necessary increases in employment to be 15.4 million people between 2002 and 2010, including 9.6 million females and 7.4 million older workers.

Structural Funds

The EU Structural Funds provide large-scale financial aid to develop skills, promote jobs and support regions in need. Initiatives to reduce gender inequalities are, to a large extent, funded through the European Social Fund. Member States have varied approaches to the issue of gender mainstreaming in the use of the Structural Funds, with Italy one of the first to introduce a comprehensive evaluation package to ensure that project designers take full account of the gender dimension.

Pensions

The Commission states that women represent the majority of older people – nearly 60% of people over 65 and almost two-thirds of those over 75. It also notes, however, that women suffer disproportionately from pension systems that are generally designed with men as the 'family breadwinner' and also from a significantly lower level of pensions. Although Member States are gradually addressing this inequality, the differences in men’s and women’s pensions are likely to persist for a long time to come.

Specific policies and actions for gender equality

Recent developments in terms of particular gender equality legislation, case law, policies and actions include the following.

Equal treatment

EU Directive (76/207/EEC) on equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions was amended in September 2002 by Directive (2002/73/EC) (EU0205201N). The Commission states that as a result, for the first time at EU level, binding legislation now defines sexual harassment and outlaws it as a form of discrimination based on sex. The revised Directive bans any form of unwanted sexual behaviour that creates an intimidating or degrading environment and urges employers to take preventive action against all forms of discrimination and to compile regular equality reports for staff. The Directive also encourages the adoption of collective agreements addressing issues of sex discrimination, and entitles women on maternity leave to return to their jobs at the end of their period of leave.

Although Member States have until 2005 to amend their national laws to comply with this Directive, most have already taken action to outlaw sexual harassment at national level. National courts are also increasingly involved in addressing this issue, including those in Austria, France, Ireland and Spain.

The Commission notes that national courts have recently been called upon to address the issue of equal pay. These include those in Denmark, Luxembourg and the Netherlands.

Legislative initiatives on the reconciliation of work and family life were introduced in a number of Member States during 2002. These included Austria, Denmark, Finland, Germany, the Netherlands and Spain. Courts in Germany, Italy and the UK issued favourable decisions with regard to reconciling work with family life.

The EU’s gender equality action programme

The current gender equality action programme runs from 2001 to 2005 (EU0007264F). Equal pay for men and women was the priority theme for 2001, the programme’s first year, and reconciliation of family and working life was the priority for 2002. Women in decision-making has been targeted as the priority for 2003. Member States vary in their approach to women in decision-making in political life, and the Commission will concentrate its 2003 funding activities on the promotion of gender balance in decision-making in political and economic life.

The priority theme for 2004–5 is to be gender stereotyping.

Commentary

This latest annual report on equal opportunities for women and men in the EU outlines the work still required in candidate countries to bring them into line with the EU Member States in the area of gender equality. It also outlines achievements with regard to the EU’s gender equality action programme and the progress of gender equality legislation. While achievements have been significant, the report states that much remains to be done. Anna Diamantopoulou, the European Commissioner for Employment and Social Affairs, commented: 'Paper legislation to promote equality for women is necessary but not enough. Governments, business, administrations, political parties, all must take more active steps to make equality a practical reality. Up to now, Member States have largely paid lip service to equality. This must change, both for women and also in the interests of political and economic Europe as a whole.' (Beatrice Harper, IRS)