Attainment of Gender Equality - Essay Example

SCHOOL Attainment of Gender Equality Gender equality is defined as the absence of discrimination on the basis of a person's sex in terms of allocating resources or benefits and accessing services ("Gender Glossary"). This key concept has played a vital role in the legislative-related undertakings of the European Union (EU) since its creation in 1957. From then on, EU incessantly addresses the issues pertaining to the equality between men and women. As a result, the scope of the activities of the EU on this ground has developed broadly, thus, directly influencing women's day-to-day lives ("EWL and the European legislation on equality for women and men" 2004). This paper discusses the extent of EU's facilitation of the attainment of gender equality in the Community. Based on the latest status report provided to the EU bodies, this paper specifies some of the means by which the EU can effectively address gender issues in various disciplines. Gender Equality - EU Context Indicative of its significance, the tenet on gender equality has been taken into account in the European Community (EC) Treaties since the formation of the European Economic Community ("Employment, Social Affairs and Equal Opportunities" 2005). This is evidenced by the following: Historical Overview In the Treaty of Rome, principle of equality between men and women was already considered particularly in Article 119 TEC that called for "equal pay for equal work." However, it should be noted that the notion of gender equality was stipulated in order to primarily ensure that the common market would function properly and not directly to address related social issues. As highlighted by France, "equal pay" is a requirement for the prevention of distortions in competitiveness between member states. Nevertheless, the inclusion of gender equality in the Treaty of Rome paved the way for the Commission and the European Court of Justice to actively participate in the promotion of equality between men and women in the labour market then on. (Arribas & Carrasco 2003) Subsequently, the Council has adopted the "Equal Pay Directive", which harmonizes with Article 119 TEC, providing for the eradication of any form of discrimination on the grounds of sex in relation to anything connected with "pay for the same work" or "work of equal value." To broaden the expanse of gender equality, the "Equal Treatment Directive" was adopted so as to cover the fields of employment access, professional training and promotion, and employment conditions. (Arribas & Carrasco 2003) From the 1970's to the 1980's, various legislations with regard to equal treatment in social security, self-employment and role of spouses were also adopted by the Council. To help achieve EU's stand on gender equality, the Equal Opportunities Unit and Committee on Women's Rights and Equal Opportunities, which directly reports to the European Parliamentary, were created. To have a more methodical approach to gender equality, the Equal Opportunities Action Programme was generated. (Arribas & Carrasco 2003) The Maastricht Treaty ratified in 1993 ("Wikipedia" 2005) provided for the further safeguarding of gender equality. In line with this, the directives pertaining to pregnancy, maternity and parental leaves, part-time work and burden of proof in discrimination cases on grounds of sex were adopted. Furthermore, the Social Protocol accompanying the said treaty stipulates that the European Community will provide support and complement national action relative to various fields including the promotion of equal opportunities in the labour market. (Arribas & Carrasco 2003) Amsterdam Treaty Similarly, the Amsterdam Treaty of 1999 ("Wikipedia" 2005) introduced a critical advancement in the promotion of equality between men and women. In this treaty, the concept of "gender mainstreaming," the incorporation of a gender perspective in all aspects and levels of policy-making and implementation, was established. In particular, the Council of Europe's group of specialists on mainstreaming defines gender mainstreaming as "(re) organization, improvement and evaluation of policy processes, so that a gender equality perspective is incorporated in all stages by the actors normally involved in policy-making," (Arribas & Carrasco 2003 p.4). In this regard, the concept entails that at every stage of development and execution of programmes, practices and decision-making, an analysis on the associated effects to men and women is undertaken. (Arribas & Carrasco 2003) From the simplicity of the principle of "equal pay for equal work" initially adopted in the earlier treaty, the concept of gender equality evolved progressively into a number of Community legislative instruments that protected the rules on equal access to employment, vocational training, working and living conditions (Matyja 2001). To further illustrate this point, the provisions in the EC Treaty, which take into consideration the principle of gender equality, are as follows: ("Employment, Social Affairs and Equal Opportunities" 2005) Article 2 -"The Community shall have at its taskto promote throughout the Community a harmonious, balanced and sustainable development ofequality between men and women." In view of the above, it is evident that the EC has recognized the promotion of equality between men and women as one of its primary tasks as it is explicitly stated in the treaty (Matyja 2001). Article 3 (2) -"In all the activities referred to in this Article (Article 3 (1)), the Community shall aim to eliminate inequalities, and to promote equality between men and women." In this article, the concept of gender mainstreaming is introduced as the Community vows to eradicate gender inequalities in its objectives, strategies and actions (Matyja 2001). Article 13 (1) -"Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, 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." This is an important provision pertaining to the promotion of gender equality since it is stipulated that the Community may adopt actions, subject to the concurrence of the European Parliament, to prevent all forms of discrimination beyond the labour market (Arribas & Carrasco 2003). Moreover, Article 13 implies that the EC has a say on the laws and regulations implemented by Member States to ensure that these are in line with the EC Treaty in terms of combating discrimination (Matyja 2001). Article 137 (1) - "With a view to achieving the objectives of Article 136, the Community shall support and complement the activities of the Member States in the following fields:i. equality between men and women with regard to labour market opportunities and treatment at work." In this article, the treaty clearly calls for the EC to support actions of Member States to promote gender equality particularly in the labor market and working environment (Matyja 2001). Article 141 (1) - "Each Member State shall ensure that the principle of equal pay of male and female workers for equal work or work of equal value is applied." Article 141 (3) - "The Councilshall adopt measures to ensure the application of the principle of equal opportunities and equal treatment on men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value." Article 141 (4) - "With a view to ensuring full equality in the 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 for the under-represented sex to pursue vocational activity or to prevent or compensate for disadvantages in professional careers." Article 141 generally incorporates the "equal pay for work of equal value" concept in the treaty. It should be noted, though, that an additional paragraph, i.e. Article 141 (4), has been added which allows Member States to adopt measures that would facilitate the exercise of professional activities for the under-represented sex (Arribas & Carrasco 2003). Draft EU Constitution In line with the provisions contained in the EC Treaty, the draft EU Constitution includes analogous regulations relative to gender equality. Aside from these, it also contains references to equality and citing of non-discrimination as an integral part of the values of the EU and Charter of Fundamental Rights. These provisions are as follows: ("Employment, Social Affairs and Equal Opportunities" 2005) Article I - 2 The Union's values - "The Union is founded on the values for human dignity, freedom, democracy, equality,. These values are common to the Member States in a society in which pluralism, non-discriminationand equality between women and men prevail." Article I - 3 The Union's objectives - "It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of children's rights." Given the above, it is clearly seen that gender equality forms part of the Union's values and objectives toward which it operates. As such, the Union has maintained its thrust on the attainment equality of men and women. Part II - The Charter of Fundamental Rights of the Union, Title III - Equality, Article II-81 Non-discrimination - "Any discrimination based on any ground such as sex, race,shall be prohibited Article II-83 Equality between women and men - "Equality between women and men must be ensured in all areas, including employment, work and pay." Part III - The Policies and Functioning of the Union, Title I - Clauses of General Application, Article III-116 - "In all activities referred to in the Part, the Union shall aim to eliminate inequalities, and to promote equality, between women and men." These provisions embody Articles 3 of the EC Treaty. Similarly, the above Articles mandate the elimination of any form of discrimination and include the concept of gender equality in all other fields aside from the labour market. Part III - The Policies and Functioning of the Union, Title II - Non-discrimination and Citizenship, Article III-124 - "Without prejudice to the other provisions of the Constitution and within the limits of the powers conferred by it upon the Union, a European law or framework laws of the Council of Ministers may establish the measures needed to combat discrimination based on sex, racial or ethnic origin,." This provision reflects Article 13 of the EC Treaty whereby the Council of Ministers, subject to authority limits, has the power implement measures with regard to fighting discrimination. Part III - The Policies and Functioning of the Union, Title III - Internal Policies and Action,, Article III-210 - "the Union shall support and complement the activities of the Member States in the following fields: (i) equality between women and men with regard to labour market opportunities and treatment at work;" This provision is an adoption of Article 131 of the EC Treaty. As mentioned, this shows that the Community will support the undertaking of Member States in various fields including the promotion of gender equality in the labour market and working environment. Part III - The Policies and Functioning of the Union, Title III - Internal Policies and Action,, Article III-214 (1) - "Each Member State shall ensure that the principle of equal pay for female and male workers for equal work or work of equal value is applied." Article III-241 (3) - "European laws or frameworks laws shall establish measures to ensure the application of the principle of equal opportunities and equal treatment f women and men in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. They shall be adopted after consultation of the Economic and Social Committee." Article III-241 (4) - "With a view to ensuring full equality in the 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 for the under-represented sex to pursue vocational activity or to prevent or compensate for disadvantages in professional careers." The above provisions are analogous to Article 141 of the EC Treaty. The inclusion of the above provisions pertaining to gender equality, which are parallel to the guidelines stipulated in the EC Treaty, is indicative of the EU's unwavering commitment to the attainment of equality between men and women across pertinent fields. With the proposed EU Constitution, the concepts of gender equality and gender mainstreaming are preserved with the provisions in the EC Treaty essentially unchanged if not improved. It should be noted, however, that the draft EU Constitution, although signed by the heads of State and Government last October 2004, could only be enforced and replace EC Treaty upon ratification by all the 25 Member States ("Wikipedia" 2005). Areas of Consideration The European Union has identified key policy areas whereby the issue on gender equality is addressed. Based on the discussion above, it can be seen that early Directives on gender equality are focused and limited to standard forms of employment. However, EU policies evolved and have been extended to multi-dimensional framework wherein women are considered as workers-carers who are engaged in standard and non-standard forms of employment (Walby). These policy areas enumerated in "Employment, Social Affairs and Equal Opportunities" (2005) are as follows: Employment and Labour Market To narrow down the difference in employment rates of women and men in the Member States, a dual approach of gender mainstreaming and measures have been adopted in the European Employment strategy. Member States have undertaken courses of action to boost the employment rate of women and address segregation of the labour market. They have also implemented policies to reconcile women's working and family lives by the provision of services for children and other dependents as well as incorporate the gender equality objective in all guidelines pertaining to employment. Gender Pay Gap As one of the fundamental principles in the EU, "equal pay for work of equal value" is ingrained in EU legislations. In this regard, pay differentials based on gender are not acceptable. To address this matter, the European Commission issued concrete advice (Code of Conduct) for employers and collective bargaining partners to consider this issue in designing payment structures. Moreover, the EU deals with the gender pay gap issue by addressing its principal causes, which include gender segregation in education and gender stereotypes. This objective is included in the European Employment Strategy policy guidelines. Gender Balance in Decision-Making The Council of Ministers has formally recommended to Member States to introduce effective measures that will promote gender-balanced participation in decision-making in government bodies. It has also launched a comprehensive database on the level of decision-making of men and women to monitor the advancement of gender equality. Reconciliation between Work and Private Life To help women enter the work force and subsequently enhance employment rate and reduce withdrawal of women from the labour market, the EU, during the 2002 European Council in Barcelona, has advised that Member States should provide appropriate level of care for children and other dependents and initiate activities that would boost men's awareness with regard to sharing of responsibilities for child-care. Social Inclusion and Protection As per the EC Treaty, it is evident that one of the common objectives of Member States is to combat poverty and social exclusion. In this regard, the EU strives to eliminate both financial and non-financial hindrances to women's labour market participation such as tax and benefit barriers that discourage long career breaks with negative implications on individual's pension entitlement and career advancement. Structural Funds and Budgeting In 1994, as part of the gender mainstreaming principle, equality for women and men was integrated as a substantial factor in EU's policies. In this regard, this concept has been one of the priority objectives of the European Structural Funds. Furthermore, EU incorporates gender perspective in its budgetary process where revenues and expenditures are restructured so as to promote gender equality. Migrant Women The EU recognizes that that there is a lack of gender perspective in its integration policies. This condition is detrimental to the full utilisation of the potential of immigrant women in the labour market. As such, the EU endeavors to incorporate the concept of gender equality into immigration as well as integration policies. Role of Men in Promoting Gender Equality The inculcation of gender equality requires participation from women and men. In this regard, the EU encourages actions directed towards men for the promotion of culture change in the workplace to support gender equality and addressing of gender-based violence. Education and Training Based on studies conducted, although there is a surge in women enrolment size in Europe, gender patterns on choice of subjects is still apparent as men continue to dominate sciences, mathematics, informatics and engineer. To address gender imbalances, the EU has launched programmes like Socrates and Leonardo da Vinci for the promotion of equal opportunities in education and training, respectively. Moreover, it has set targets for improving the total number of graduates in mathematics, science and technology. In addition, the EU is supporting the monitoring and study on the role of gender in the field of research. Gender Equality on International Level On the international level, the EU has taken important steps to address gender concerns. These undertakings include the holding of relevant training on gender issues, systematic use of data that is disaggregated in terms of sex and analysis of policy and programmes and their gender implications. For the training of its frontline staff, the European Commission distributes a handbook on the best practices of gender mainstreaming in development cooperation work. Gender-based Violence and Trafficking In line with this, the European Commission is spearheading various programmes to raise awareness and provide support to victims of violence and trafficking. Moreover, it is taking on many initiatives to promote closer cooperation between Member States and hold campaigns as preventive measures. In addition, the EU supports the Beijing Platform for Action as the Heads of Government avowed during the European Council Summit in Madrid in December 1995. Gender Equality in EU - A Status Report In the latest report on equality between women and men originating from the European Commission, findings show that gender employment and education gaps are closing in within the region. However, the level of gender pay gap has remained almost unchanged. Women's participation in the labour market is still deemed to be relatively lower compared to men's as reconciling work and family life remains a problem ("EU gender equality report 2005 shows advances, but inequality remains" 2005). Furthermore, the report asserts that although most countries implement policies for the promotion of gender equality in science, provisions vary greatly between Member States ("Commission presents ideas for increasing gender equality in science" 2005). Another report on the state of gender equality in new Member States by the Open Society Institute states that there are still disparities faced by women in terms of employment opportunities, wages and political representation in Central and Eastern Europe including Bulgaria, Estonia, Slovakia and Hungary. ("Report Finds Widespread Gender Equality in Central and Eastern Europe" 2005) Given these findings, the European Council is recommended to urge Member States to strengthen national machineries for the promotion of gender equality in order to enhance women's labour market participation and significantly reduce the prevailing pay gap ("On Equality Between Women and Men" 2005). In line with this, the European Commission has also geared its efforts towards the establishment of the European Institute for Gender Equality to combat sex discrimination in the EU and uphold gender equality. The body, which is proposed to be launched in 2007, will provide support to the EU's institutions and Member States by stimulating research and exchanges of experience through the setting-up of meetings between legislators, experts and stakeholders. It also aims to raise awareness of gender equality policies by organizing events like conferences, campaigns and seminars, as well as develop tools for the integration of gender equality into all EU policies ("EU Commission proposes Institute for Gender Equality" 2005). The Institute will be financially supported by the European Commission. For the period 2007-2013, the projected budget for the Institution is set at EUR 52.5 million ("Government Debates Bid for EU Gender Equality Institute" 2005). Conclusion Based on the above discussion, the EU has effectively facilitated the attainment of gender equality particularly in the labour market or employment sector. This has been done by integrating gender perspectives on EU policies and objectives. In this regard, all of the functions and activities of the EU and its Member States take into consideration the concept of gender equality at all levels. As acknowledged by the Union, Europe has a long way to go in terms of achieving total gender equality. There are still a lot to be done to attain this end. However, as long as the EU remains fervent with regard to this purpose, elimination of inequality and other forms of discrimination based on gender will be achieved. 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