EU: Commission sets out 2010-15 gender equality strategy

The European Commission's gender equality strategy for 2010-15, issued in September 2010, includes possible legislative initiatives on paternity leave, carers' leave and equal pay.

On this page:
Strategy published
Reconciliation of work and private life
Equal pay
Equality in decision-making
Legislative framework.

Strategy published

On 21 September 2010, the Commission issued its 2010-15 strategy for equality between women and men (external website). The strategy constitutes the Commission's five-year work programme on gender equality, while also seeking to stimulate developments at national level and provide the basis for cooperation with the other EU institutions and stakeholders.

The Commission notes some encouraging recent trends, such as more women entering the labour market and making progress in securing better education and training. However, gender gaps remain in many areas and women are still over-represented in lower-paid sectors and under-represented in decision-making positions. Parenthood keeps female employment rates down, the Commission argues, and women continue to work more unpaid hours than men at home.

As well as breaching fundamental rights, inequalities between women and men "impose a heavy toll on the economy and result in underutilisation of talent", according to the strategy. Economic and business benefits can be gained from enhancing gender equality. In order to achieve the objectives of the EU's new Europe 2020 strategy for jobs and "smart, sustainable and inclusive" growth, the "potential and the talent pool of women need to be used more extensively and more efficiently". The Europe 2020 objectives include an employment rate of 75% for women and men aged between 20 and 64.

With these aims in mind, the strategy sets out actions under five priority areas:

• equal economic independence;
• equal pay for equal work and work of equal value;
• equality in decision-making;
• dignity, integrity and an end to gender-based violence; and
• gender equality in external actions (ie, in relations with non-EU countries and international organisations).

As well as outlining specific measures, the strategy follows the mainstreaming approach, by integrating the gender dimension in all policy areas. For example, the Commission will support the promotion of gender equality in the implementation of all aspects and initiatives of the Europe 2020 strategy and in the application of the EU's employment guidelines to member states. It will also take account of gender aspects in its health and safety work and legislative proposals.

Below, we highlight the initiatives under the new equality strategy that are most likely to be of significance to practitioners, and especially those that might lead to changes to EU employment legislation.

Reconciliation of work and private life

The Commission states that the impact of parenthood on labour market participation is very different for women and men, because women continue to shoulder a disproportionate part of the responsibilities involved in running a family. Many women still feel that they have to choose between a career and their children. Current demographic trends also mean that women and men increasingly have to care for dependants other than children. Member states that have put work/private-life reconciliation policies in place are seeing high numbers of both women and men in work and relatively sustainable birth rates, the Commission reports.

The EU has made progress in improving the overall framework for a better work-life balance, the Commission claims, referring to the 2010 Directives amending the Parental Leave Directive and on equal treatment for self-employed women and men. It will now monitor the national transposition of these Directives.

The European Parliament and Council of the EU are currently debating a draft Directive amending and strengthening the 1992 Pregnant Workers Directive (92/85/EEC). Once the amending Directive is adopted, the Commission will assess "remaining gaps in the entitlement to family-related leave", notably paternity leave and carers' leave, and the options for addressing these gaps. EU-level trade union and employers' organisations partners will be formally consulted on further measures in this area during 2012. This consultation process is the first step towards the drafting of EU legislation. It also gives the social partners the opportunity to negotiate an agreement on the subject in question, if they so wish, rather than awaiting a Commission proposal for a Directive.

Other work-life balance initiatives planned by the Commission include: a report on the member states' performance with regard to childcare facilities; EU awareness-raising on the role of men regarding gender equality, to encourage "co-responsibility in family and domestic tasks between women and men"; and a Communication on early childhood education and care.

Equal pay

Although the principle of equal pay for men and women for work of equal value is enshrined in the EU Treaties, the average difference between men's and women's hourly gross earnings still stands at 17.8%. The causes identified by the Commission include a gap between women's educational attainment and professional development, requiring special attention to be paid to the transition between education and the labour market. Further, the labour market remains segregated, and women and men still tend to work in different sectors/jobs. Women and men are often over-represented in certain sectors, with "female" jobs (mostly in healthcare, education and public administration) being in general less valued than typically "male" professions. However, even within the same sector or company, the jobs done by women tend to be of lower value and less well paid.

The pay gap also reflects other inequalities on the labour market mainly affecting women - in particular their disproportionate share in family responsibilities and the difficulties in reconciling work with private life. Many women work part time or under "atypical" contracts; although this permits them to remain in the labour market while managing family responsibilities, it can have a negative impact on their pay, career development, promotion prospects and pensions.

In 2010-11, the Commission will examine the social and economic impacts of various policy measures to tackle the gender pay gap. In 2011, in close cooperation with the EU-level social partners, and respecting the autonomy of the dialogue between these partners, the Commission will:

• explore possible options to improve the transparency of pay; and
• review the impact on equal pay of arrangements such as part-time work and fixed-term contracts, and the effectiveness of the EU Directives on these arrangements (97/81/EEC and 99/70/EC respectively - both of which were based on European-level social partner agreements).

The Commission will support equal pay initiatives at the workplace such as equality labels, charters and awards, as well as the development of tools for employers to analyse the reasons for unjustified gender pay gaps. It will institute an annual "European equal pay day" to increase awareness of how much longer women need to work than men to earn the same. Further, the Commission will seek to encourage women to enter non-traditional occupations, for example in "green" and innovative sectors.

Equality in decision-making

The Commission states that, in most member states, women continue to be under-represented in decision-making processes and positions, particularly at the highest levels, despite the fact that they make up nearly half the workforce and more than half of new university graduates in the EU. In economic decision-making, the proportion of women is lower than that of men at all levels of management. Women represent only one in 10 board members of the EU's largest publicly listed companies and 3% of presidents of boards. However, "research shows that gender diversity pays off and that there is a positive correlation between women in leadership positions and business performance."

The Commission will, over 2010-11, consider "targeted initiatives" to improve the gender balance in decision-making. Its actions will include: a Communication on the importance of, and the ways to improve, a gender balance in economic decision-making; and a "specific initiative in the field of corporate governance", the details of which are not yet known.

Legislative framework

The Commission argues that the EU's long-standing legal framework on sex discrimination requires monitoring, enforcement, regular evaluation and updating, as well as ongoing dialogue with business, social partners, equality bodies and representatives of civil society, to ensure that it is fit for its purpose.

Specific initiatives planned in this area include an examination in 2012 of the extent to which gender has been taken into account in applying the framework employment equality Directive (2000/78/EC) - which prohibits discrimination in employment and occupation on the grounds of age, disability, sexual orientation and religion or belief - and the Directive (2000/43/EC) on discrimination on grounds of racial or ethnic origin. The aim of this review is to address the "aggravated consequences" of discrimination on two or more grounds (for example, age and sex in the case of older women seeking access to employment). The Commission is also studying specific issues pertaining to sex discrimination in relation to gender identity (a person's sense of being male or female).

The Commission will strengthen cooperation with the various institutions and stakeholders active in the field of gender equality. On the basis of an annual report on equality between women and men, focusing each year on a particular theme and identifying good practices at national level, the Commission will institute a yearly top-level "gender equality dialogue". This will involve the European Parliament, the Council of the EU and key stakeholders such as the European-level social partners and civil society, and will take stock of progress made in implementing the strategy.

This article was written by Mark Carley, European editor.

European employment policy, practice and law, October 2010