EU lanceert programma voor gelijkheid tussen man en vrouw (en)

This background note describes some of the activities that the Commission undertakes to promote gender equality within the Commission and within Europe as a whole.

Promotion of gender equality within the European Union

EQUAL

EQUAL is the trans-national Community initiative for the programming period 2000-2006 of the European Social Fund. It is built around "development partnerships" based on location or sector. The initiative is in keeping with its predecessors, "Employment" and "Adapt" but has a new, more integrated, multi-dimensional approach to the factors which cause discrimination. Member States are required to ensure that the initiative's cross-cutting thematic approach will give priority to those who are victims of the main forms of discrimination and inequality (sex, race or ethnic origin, religion or belief, disability, age, or sexual orientation). EQUAL also takes due account of the social and vocational integration of asylum seekers.

Total budget of EQUAL for the period 2000-2006: € 2 847 billion.

For more information:

http://europa.eu.int/scadplus/leg/en/cha/c10237.htm

Community framework strategy on gender equality (2001-2005)

The Commission adopted on 7 June 2000, a memorandum for a broad-ranging Community framework strategy on gender equality for the years 2001-2005. The comprehensive strategy aims to tackle gender inequalities in economic, political, civil and social life as well as gender roles and stereotypes. The strategy builds upon the experiences of the past equal opportunities programmes, which suggest a more ambitious approach involving all community policies. A specific programme will accompany the overall strategy by providing support for awareness-raising campaigns, better data-gathering and trans-national projects.

For more information:

http://europa.eu.int/scadplus/leg/en/cha/c10932.htm

Fifth Community Action Programme on Equal Opportunities (2001-2005)

The Council decided on 20 December 2000 the Fifth Community Action Programme on Equal Opportunities (2001-2005) establishing a programme relating to the community framework strategy on gender equality. The programme's objectives are to promote and disseminate the values and practices underlying gender equality; to improve understanding of issues related to gender equality, including direct and indirect gender discrimination and multiple discrimination against women; to develop the capacity of players to promote gender equality effectively, in particular through support for the exchange of information and good practice and networking at Community level. With a view to achieving the objectives referred to above, the programme supports the implementation of the following actions: raising awareness of the issue of equal opportunities, primarily by publicising the results of the programme via events, campaigns and publications; analysis of factors and policies relating to gender equality, via the collection of statistics, studies, gender impact assessment, tools and mechanisms, development of indicators and effective dissemination of results. This will also include monitoring of the implementation and application of Community law on gender equality in order to assess their impact and effectiveness; trans-national cooperation between parties through the promotion of networking and exchange of experiences at Community level. The financial reference amount for the implementation of the programme for the period 2001-2005 is EUR 50 million. The participating bodies (Member States, local and regional authorities, social partners, non-governmental organisations and bodies promoting gender equality) must provide co-financing of at least 20% of the budget of projects undertaken.

For more information:

http://europa.eu.int/scadplus/leg/en/cha/c10904.htm

Equality at the workplace/Sexual harassment

The Commission adopted on 7 June a proposal to ban sexual harassment at work. The draft directive, which also brings the longstanding equal opportunities directive of 1976 into line with European court judgements and new Commission antidiscrimination proposals under the Amsterdam Treaty, is a first attempt to tackle sexual harassment in Community law. The directive considers that sexual harassment is a form of sexual discrimination and thus entails a risk of liability for employers who fail to provide a workplace free of harassment.

On 18 April 2002 the Council and Parliament jointly adopted the Commission's proposal. The amended Directive provides stronger support for any employee who feels s/he has been treated unfairly by an employer because of their sex. For the first time at EU level, binding legislation defines sexual harassment and establishes that it constitutes a form of sex discrimination. The new Directive includes provision for enforcement, compensation without an upper limit and sanctions. The Directive also means that employers will need to introduce preventive measures against sexual harassment and to give a regular 'equality' report to every employee in the enterprise. According to a study conducted for the European Commission, 40-50% of women in the EU considered that they had been sexually harassed at least once in their working lives, and 10% of men. The Directive will enter into force in 2005.

For more information :

http://europa.eu.int/comm/employment_social/equ_opp/news/harassment_en.html

Social Exclusion

On 10 October 2001 the Commission took an important step forward in the fight against poverty and social exclusion when, for the first time ever, it adopted a report analysing governments' social inclusion policies. The report shows that the Commission, in pursuing the Lisbon summit goals, is committed to a socially cohesive Europe, both in its own right but also as a factor of economic competitiveness. The report must now be agreed between Commission and Council, and will go to the Laeken summit in December this year. It describes the present situation and main challenges for poverty and social exclusion policies in the EU, using a common base of social indicators and documenting a wide range of action being taken by Member States. It provides a launch pad for strengthening policies and programmes across the EU through co-operation between Member States, in particular through the exchange of good practice. This co-operation will now be stimulated by the new five-year, €75 million social exclusion programme agreed on 18 September between European Council, the Parliament and the Commission

Antidiscrimination bodies

On 26 September 2002, the Commission published a study undertaken for the European Commission of national institutions to promote equality which points to the need to establish bodies with clear terms of reference, with adequate and predictable sources of funding and which deal with equality across the board, rather than with single issues. The study highlighted the strengths and weaknesses of existing institutions and encouraged Governments to ensure that their institutions have the resources and the independence they need to fight discrimination effectively. All Member States were required to designate such bodies by July 2003 under recently adopted EU equality laws.

7^th annual report on equal opportunities

The Commission adopted on 5 March 2003 the 7^th annual report on equal opportunities in the EU which presented the main achievements in gender equality in 2002. The report said that the EU made progress in gender legislation, notably with adoption of the directive on harassment at work, looked at Member States new case law on equal pay and initiatives to reconcile work and family life. However, the Commission found that data on women's participation in decision-making, especially in the private sector, are unsatisfactory. The report analysed how far gender issues have been given a role in each of the other EU policies ('gender mainstreaming'). The report examined how far candidate countries have got in adopting EU gender rules, concluding that 'paper law' is not, on its own, enough there is a need for back-up in the form of equality bodies, ombudsmen for equality and reliable independent advice.

For more information :

http://europa.eu.int/comm/employment_social/equ_opp/report_en.html#prg

"For Diversity - Against Discrimination" information campaign

On 16 June 2003 the Commission launched an information campaign on the eve of the entry into force of two new EU Directives on anti-discrimination. According to a new Eurobarometer survey on attitudes towards discrimination, only 1 in 3 Europeans would know their rights if they were discriminated against. Raising awareness of rights is one of the key aims of a new 5-year EU-wide campaign to combat discrimination on the grounds of racial and ethnic origin, religion and belief, age, disability and sexual orientation. National campaign measures, including events, seminars and media activities, will be developed over the coming months by national advisory groups (composed of national authorities, social partners and NGO's). The involvement of these key stakeholders is essential to ensure that country-specific needs are met and to feed into existing information activities. An EU-level advisory group (composed of representatives of the EU level social partners, European Platform of Social NGOs and representatives of Member State governments) was established last January to advise on the pan-European aspects of the campaigns, including the poster, slogan, and website.

For more information :

http://www.stop-discrimination.info/

Equal treatment between men and women outside the workplace

The European Commission presented a proposal on 5 November 2003 for a Council Directive on equal treatment between men and women outside the workplace. The proposal focused specifically on the access to and supply of goods and services. So, for example, the use of sex as a factor in the calculation of premiums and benefits for insurance and related financial services would be prohibited. The proposed Directive would enshrine the principle of equal treatment in Community law and provide means by which European citizens could have recourse to the law if they considered their rights to have been infringed. The proposal is based on Article 13 of the Treaty on European Union, which allows the Community to take measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. As problems of discrimination on the grounds of sex are particularly apparent in the provision of goods and services, the Commission has decided to concentrate its proposal in this area. The proposal was forwarded to the EU's Council of Ministers for adoption by unanimity, after consultation of the European Parliament.

For more information :

http://europa.eu.int/comm/employment_social/news/2003/nov/equality_en.html

Report on equality between women and men 2004

The persistent lack of equality between men and women in the EU could impact on its Lisbon goals, according to the Commission's report on equality, which will be presented to EU heads of state and government at the next European Spring Council on March 25 and 26. Progress has been made in the EU on narrowing the gender gap, but remains slow. The report shows that significant gender gaps remain, especially in the labour market. Failure to address this could hamper the EU's attempt to reach the targets set at the Lisbon Council in 2000, such as reaching a 60% employment rate for women in the EU by 2010. This is the first annual report on progress towards gender mainstreaming in policy areas and is a response to a request from the 2003 European Spring Council for an annual update in this area.

For more information:  

http://europa.eu.int/comm/employment_social/news/2004/feb/gmr_com04115_en.html

DAPHNE

The Commission launched the DAPHNE initiative in 1997, to combat violence against women and children. At first renewed annually, in 2000 it became a four-year programme (2000-2003), with a budget of 20 million euro. In February 2003 the Commission adopted a proposal establishing a second phase of the programme (2004-2008) with a 50 million euro budget, to take account of enlargement.

The DAPHNE programme finances direct actions to support the victims of violence. By the end of 2003 it had financed 303 projects, involving 1237 partners, particularly non-governmental organisations, across the European Union.

For more information:

http://europa.eu.int/comm/justice_home/funding/daphne/project_daphne_en.htm

STOP & AGIS

Following an initiative of Belgium, the Council adopted on 29 November 1996 a Joint Action, on the basis of article K3 of the Treaty on European Union, establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children, the STOP Programme.

The Council adopted on 28 June 2001, following a proposal of the Commission, the second phase (2001-2002) of the programme of incentives, training and co-operation for persons responsible for combating trade in human beings and the sexual exploitation of children, the STOP II Programme.

Succeeding to the Stop Programme from 2003 on, the AGIS programme (Council decision 2002/630 /JHA, OJ L 203, 1.8.2002, p. 5) on police and judicial co-operation in criminal matters is not a specific instrument for protection of children, but it addresses this issue amongst others. In the field of preventing and combating organised crime, as well as in the field of prevention of specific forms of crime, it can also co-finance trans-national projects to improve the response to crimes such as trafficking in human beings and sexual exploitation of children.

Promotion of Gender equality inside the Commission

The Commission's personnel policy places a high priority on equal opportunities and a number of programmes and actions have been put in place over the period to promote gender equality.

A ;first Positive Action Programme was adopted for three years for the female personnel of the Commission. It comprised a series of measures concerning the recruitment and training of women. It also proposed the implementation of a programme of sensitisation at several levels. The results of this 1st programme showed that the structural imbalance in the distribution of female staff persisted in the different categories and management posts. A ;2nd Programme was adopted for the period 1992-1996 and was designed to be part of an integrated human resources policy. It was an opportunity to modernise recruitment and career policies, as well as certain social infrastructures. It envisaged a balance between women and men in the Commission and the promotion of women's career development. Accompanying measures for the reconciliation of professional and private obligations (notably an increase in crêche facilities, easier access to part-time work and leave for family reasons) were also assured.

The results at the end of December 1996, the date of termination of the programme, showed an increase in the number of women in A (policy staff), LA3-LA5 (linguists) and D (technical staff) categories. Following the expiry of the first two programmes, it was decided to adopt a different approach, which explains the difference in title of the 3rd Action Programme.

3^rd Action Programme for Equal Opportunities for women and men in the Commission (1996-2000)

The 3rd Action Programme, which was later extended to 2001 and de facto extended to 2003, adopted the approach of the systematic consideration of gender perspective and the conditions, situations and needs of women and men in all Community policies and activities, known as "mainstreaming".

An external evaluation of the 3^rd Action Programme was completed in October 2003. Its main findings were the majority of staff responding to the survey believed that the 3^rd Action Programme had improved the position of women. However they felt that the issue of equal opportunities generally lacked the necessary level of priority within the Commission.

4^th Action Programme for Equal Opportunities for women and men in the Commission (2004-2008)

Based on the findings of the external evaluation, a fourth action programme is currently being developed for the 5-year period from 2004 to 2008. It proposes a number of measures in key areas where real progress can be achieved. The specific objectives for the 4^th Programme are to take actions to:

• address barriers to career development of women;

• promote flexible working arrangements in the Commission, to better facilitate the reconciliation of private and professional life of staff;

• improve the gender balance within the staff, including in the Commission's external Delegations and Representations;

• conduct a comparative study of the career profiles of men and women in the Commission during the term of the 4th Action Programme;

• raise awareness and sensitivity to gender issues;

• ensure consistency in the approach adopted across the different DGs of the Commission;

• protect the dignity of the person in the workplace;

• promote mentoring and professional training to advance career development of women;

• introduce gender scoreboards.

  Annual targets for women in Category A

The results from the equal opportunities strategy pursued since 1995 and from the decisions taken by the present Commission since it took office in 1999 have been generally positive. The Commission set itself an overall target of doubling the number of women in senior management positions in the Commission (A1 & A2) during its term of office. Annual targets were also adopted, under the operating and research budgets, for the appointment of women to middle management posts (A3 A5) and the recruitment of women to A6/A7/A8 posts, to help achieve this aim.

The targets were based on an estimate of the number of posts to be filled each year and the likely availability of women candidates from the external reserve lists of competitions.

Results:

Senior management: When the present Commission assumed office in 1999, there were 2 women at A1 level and 20 at A2 level. In December 2003, there were 4 women at A1 level and 35 women at A2 level.

Middle management: excluding the language services, the percentage of women in middle management rose from 8.1% in 1995 to 15.2% at the end of 2003. In the language services over that same period, the percentage of women rose from 33.3% to 35.4%.

Grades A and LA 6/7/8: Women currently account for 33.9% of A8 staff, 32.9% of A7 staff and 29.2% of A6 staff. These figures are considerably better than the average proportion of women in category A, which was 23.5% in December 2003, compared with 14% in 1995.

The following graphs show the increase in the percentage of women in A Grades each year from 1995 to 2004 and at Director level from 1994 to 2004:

[ Figures and graphics available in PDF and WORD PROCESSED]

The Reform Process

Reflecting the priority given to equal opportunities in personnel policy by the Commission, a considerable number of statutory amendments have been proposed for the Staff Regulations. The principal amendments⁽¹⁾ relating to equal opportunities between men and women are:

Any reference in the Staff regulations to the male sex shall include reference to the female sex and vice versa (Article 1d) unless the context requires otherwise.

Prohibition of any discrimination based on sex, race, color, ethnic or social origins, genetic characteristics, language, religion, convictions, political opinions or any other opinion, membership of a national minority, wealth, birth, disability, age or sexual orientation (Article 1e 1).

Equal treatment for stable partnerships under certain conditions (Article 1e 1).

Full equality between men and women in professional life must constitute an essential element to be taken into account in the implementation of all the aspects of the Staff Regulations (Article 1e 2).

Shifting the burden of the proof: where officials who consider themselves wronged because the principle of equal treatment has not been applied to them, establish facts from which it may be presumed that there has been direct or indirect discrimination, the onus shall be on the institution to prove that there has been no breach of the principle of equal treatment. (Article 1e 5).

Obligation to justify, objectively and reasonably, any limitation of the principle of non-discrimination and of the principle of proportionality. The limitation must, additionally, meet legitimate aims of general interest within the framework of the staff policy (Article 1e 6).

Protection of officials who make complaints of discrimination, in as far as they acted in good faith (Article 1e 7).

Prohibition of psychological and sexual harassment (Article 12 a).

Prohibition of references to an official's political, trade union, philosophical or religious activities and views, or to his/her racial or ethnic origin or sexual orientation in the official's personal files (Article 26).

Possibility of obtaining CCP several times, lengthening of the maximum duration of to 15 years (Article 40).

Introduction of parental and family leave and payment of a monthly allowance (Articles 42a and b)

The right to work part-time to care for children, under certain conditions (Article 55a).

Introduction of job-sharing (Article 55 b).

Lengthening of maternity leave to 20 weeks or 24 weeks for multiple or premature births (Article 58).

Extension of paternity leave entitlement to 10 days (annex V, art. 6).

Extension of special leave entitlement in the event of the death of a spouse during maternity leave (annex V, art. 6).

Introduction of special leave for serious illness or hospitalization of a child of less than 12 years old (10 days) (annex V, art.6).

Introduction of special leave in the event of adoption (annex V, art. 6).

Jury: obligation for a jury of more than four members to include at least two people of each sex (annex III, Article 3).

Increase in the dependant child allowance (Article 2 of Annex VII).

Introduction of a pre-school allocation (Article 3 of Annex VII).

^{(1) The numbering of Articles in the Staff Regulations is not yet definitive, as discussions are ongoing. They are, accordingly, liable to change.}