The Work of Equality Bodies
and their Role: legal
developments in the field of
gender equality
Dr. Susanne Burri
Utrecht University
Faculty of Law, Economics and Governance
Outline
• Introduction
• Existing gender equality legislation and
equality bodies
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Equal pay and (access) to employment
Self-employed
Parental leave
Pregnancy and maternity
• Proposal on gender balance in company
boards
• Some conclusions
Equal pay/employment
• Equal pay: 157 TFEU
• Recast directive (2006/54):
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Art. 4 (pay)
Occupational social security (Articles 5-13)
Access to employment, vocational training,
promotion and working conditions (Articles
14-16)
• Equality bodies: Art. 20
Role of equality bodies in the
Recast Directive: Article 20
Equality bodies
1. Member States shall designate and make the necessary arrangements for
a body or bodies for the promotion, analysis, monitoring and support of
equal treatment of all persons without discrimination on grounds of sex.
These bodies may form part of agencies with responsibility at national level
for the defence of human rights or the safeguard of individuals' rights.
2. Member States shall ensure that the competences of these bodies
include:
(a) without prejudice to the right of victims and of associations, organisations
or other legal entities (…), providing independent assistance to victims of
discrimination in pursuing their complaints about discrimination;
(b) conducting independent surveys concerning discrimination;
(c) publishing independent reports and making recommendations
on any issue relating to such discrimination;
(d) at the appropriate level exchanging available information with
corresponding European bodies such as (…) European Institute for
Gender Equality.
Self-employed
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Directive 2010/41 and some provisions of the
Recast directive
Role for equality bodies (Art. 11)
Broader personal scope: life partners
Definitions of discrimination
Maternity benefits (national ceilings allowed)
Reporting procedure: possible role for equality
bodies
Specific problems? Example: access to private
invalidity insurance in case of pregnancy
Parental leave
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Directive 2010/18: revised framework
agreement of the European social
partners
Part-time workers, fixed-term and
temporary agency workers may not be
excluded
Extension of parental leave to 4 months
(until given age of child up to 8 years)
No assigned role for equality bodies
Indirect sex discrimination?
Pregnancy and maternity
• Directive 92/85: equality bodies not
mentioned
• Direct sex discrimination?
• Recast directive: articles 15 and
16: return from e.g. maternity leave
• Possible actions: surveys?
• Proposal pending (COM (2008)
637)
Proposal on gender balance in
company boards
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COM (2012) 614 final
Objective: 40% of the underrepresented
sex of non-executive directive in listed
companies in 2020 (or 2018)
Role for equality bodies (art. 5(4)
Surveys, publication of guidelines for
transparent recruitment procedures
6. Conclusions
• In many countries equality bodies play a key
role in enforcement of equality
• Legal basis: Article 20 of the Recast directive
• Necessary means:
– Access to information
– Training facilities
– Sufficient budget etc.
Thank you!