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| Guest: Dr Roberta Guerrina - Head of Politics University of Surrey |
What has the EU done for women's rights?
As we celebrate this year's International Women's Day, it is worth thinking about the role the EU has played vis-à-vis women’s rights.
The story starts in 1957 with the inclusion of Article 119 in the Treaty of Rome, introduced to appease French concerns over social dumping. Even though the principle of equal pay was inserted to ensure the fair competition between the member states, it has provided the legal foundations for all subsequent developments in the area of equality between men and women at the European level for nearly sixty years.
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The European Court of Justice supported the
direct effect of the equality principle in the Defrenne case of 1976 and
established the necessary political momentum for the development of secondary
legislation that would broaden the principle of “equal pay for equal work” to
“work of equal value” (1975 Equal Pay Directive) and equal treatment (1976
Equal Treatment Directive and related directives of the 1980s). In a
nutshell, by the end of the 1980s the European Community was swiftly moving
towards establishing a comprehensive definition of equality of opportunities
for men and women in the field of employment.
Wider socio-economic trends in 1990s led to a renewed
interest in the role of women as workers and mothers. The enlargement of the
newly formed EU to the Nordic states added a new flavour to European debates
about equality. After much debate in the Council and following a change in
the treaty foundation – from Art. 119 (equality) to Art 118a (health and
safety) – the Commission successfully championed the introduction of
the 1992 Pregnant Workers Directive (92/85/EEC).
This legally binding provision provided a
minimum standard for the protection of employment rights of women who are
pregnant or have recently given birth. It was certainly instrumental in
shaping employment regulations relating to maternity leave and pay in the
UK. The 1996 Parental Leave Directive (96/34/EC) extends
the right to (unpaid) leave to fathers. These provisions establish a right to
six months parental leave, but what is particularly radical is that each
parent has a right to three months leave, which is non-transferable. The
principles introduced in this policy have been recently consolidated in a new
Directive that set the standards for time off to fulfill the function of care
(Directive 2010/18/EU).
By the end of the 1990s the principle of mainstreaming had been included in the treaties and the body of European
equality legislation provides a comprehensive safety net for women employed
in the official labour market. The 1997 Directive shifting the burden of proof in sex
discrimination cases is a clear example of the reach of
European legislation in the area of gender equality in employment. This is
not to say that the policies could not have been improved, but they represent
a comprehensive set of legislation directly applicable at the national level
and enforceable at the European level. It is also the most developed area of
European social policy.
By the middle of the first decade of this
century the EU sought to consolidate its position as a gender actor. Two
legislative acts are particularly worth of notice:
The European Gender Roadmap (2006-2010) extends
the reach of EU discourse on equality. Casting the net very wide this action
programme include issues ranging from economic independence to the eradication
of gender stereotypes and a commitment to promote women’s rights in external
relations. Finally, the launch of the Women’s Charter in 2010 to coincide with
the 15th anniversary of the Beijing Platform for Action
represents a high level commitment to challenging structural inequalities
that prevent women from achieving their full potential.
The European Union has been a positive force in
promoting women’s employment rights. It has provided a safety net that
safeguards women’s access and position in the official labour market and has
helped promote a women friendly policy agenda. However, the achievements of
the last fifty years must not been taken for granted. The economic crisis and
associated politics of austerity affect social and welfare services that
often enable women to participate in the official labour market. In addition,
talk of “repatriating powers” and “renegotiating” the UK’s relationship with
the EU focus on social policies, that often include employment rights that
offer protection to, not least, women. The benefits that EU laws offer women
and the protection they afford to their rights is an important part of
Britain’s membership of the EU. The cost of detaching Britain from the EU
will be particularly felt in the area of women’s rights.
Senior Lecturer in Politics, and Head of the
School of Politics, University of Surrey
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