15 Strategy for Equality between Women
and Men
| (31975)
13767/10
COM(10) 491
+ ADD 1
+ ADD 2
| Commission Communication: Strategy for equality between women and men 2010-2015
Commission staff working document: Actions to implement the Strategy for equality between men and women
Commission staff working document: background document
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| Legal base | —
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| Document originated | 21 September 2010
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| Deposited in Parliament | 28 September 2010
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| Department | Government Equalities Office
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| Basis of consideration | EM of 7 October 2010
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| Previous Committee Report | None
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| To be discussed in Council | Council Conclusions on the Strategy may be agreed in December
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
15.1 Since 1957, the EC Treaty (now renamed the Treaty on the
Functioning of the European Union—TFEU) has provided a legal
base for policy and action on gender equality. Article 2 of the
Treaty on the European Union (TEU) cites equality between men
and women as one of the Union's founding values and Article 8
TFEU requires the Union, in all its activities, "to aim to
eliminate inequalities, and to promote equality, between men and
women". Article 157 TFEU requires Member States to ensure
that "the principle of equal pay for male and female workers
for equal work or work of equal value" is applied, and confers
power on the Union to adopt measures by a qualified majority "ensuring
the application of the principle of equal opportunities and equal
treatment of men and women in matters of employment and occupation,
including the principle of equal pay for equal work or work of
equal value". Article 19 TFEU empowers the Council, acting
by unanimity, to take "appropriate action to combat discrimination"
on a number of grounds, including sex.
15.2 In March 2010, the newly-appointed Commission
adopted a Women's Charter in which it pledged to strengthen the
gender perspective in all policies introduced during its term
of office and to bring forward specific measures to promote gender
equality. The Charter established five "principles of equality"
to underpin all Union action:
- 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 beyond the Union.
The Commission's Strategy for Equality
15.3 The Strategy describes the remaining challenges
to achieving real gender equality and sets out key actions to
be taken under each of the principles of equality in the Women's
Charter. The Commission says that Union action will be based on
a dual approach, promoting gender mainstreaming (by considering
the gender dimension in all Union policies) as well as the adoption
of specific measures to combat inequality. The key actions proposed
under each principle of equality are summarised below:
15.4 Actions to promote equal economic independence
include:
- promoting gender equality in
the implementation of all aspects of the Europe 2020 Strategy
for Jobs and Growth, particularly with a view to increasing women's
participation in the labour market;
- promoting female entrepreneurship and self-employment;
- assessing any remaining gaps in entitlement to
family-related leave, such as paternity or carers' leave;
- reporting on Member States' performance in providing
childcare facilities, to help reduce the impact of parenthood
on rates of female employment; and
- promoting gender equality in EU initiatives concerning
immigration and the integration of migrants, to help improve the
employment rate of migrant women.
15.5 Actions to secure equal pay for equal work
and work of equal value include:
- exploring ways to improve the
transparency of pay and the impact of atypical working arrangements,
such as part-time work or fixed-term contracts, on equal pay,
career development and promotion, and pensions;
- supporting equal pay initiatives within the workplace,
such as the use of analytical tools to identify gender pay gaps—the
Commission cites Eurostat figures indicating an aggregated gender
pay gap of 17.8% across the EU in 2008 (and over 20% in the UK);
- introducing an annual European Equal Pay Day
to raise awareness about how much longer women need to work than
men to earn the same; and
- encouraging women to pursue non-traditional career
paths.
15.6 Actions to improve equality in decision-making
include:
- setting and monitoring targets
to improve the gender balance in decision-making, such as the
25% target for women occupying leading positions in academic research;
- monitoring progress towards attaining 40% female
participation in Commission committees and expert groups; and
- supporting efforts to increase the participation
of women in EP elections, including as candidates.
15.7 Actions to promote dignity, integrity and
an end to gender-based violence include:
- adoption of a new EU-wide strategy
to combat violence against women, including the possibility of
criminal measures to tackle female genital mutilation;
- possible legislative action on victims' rights;[56]
- launch of an EU-wide awareness-raising campaign
on gender-based violence;
- ensuring that EU asylum legislation and practice
takes account of gender equality, including gender-specific training
within the European Asylum Support Office; and
- drawing up a report on Men's Health which identifies
gender-specific health risks and diseases for men.
15.8 Actions on gender equality beyond the Union
include:
- ensuring that EU conditionality
on equal treatment between women and men is adhered to in countries
seeking to accede to the EU;
- implementing the EU Plan of Action on Gender
Equality and Women's Empowerment in Development (2010-15);
- encouraging partner countries within the EU's
European Neighbourhood Policy to promote gender equality; and
- ensuring that consideration of gender issues
is an integral part of EU humanitarian aid.
15.9 The concluding part of the Commission's Strategy
considers a number of cross-cutting issues affecting all five
"principles of equality". These include the need for
effective monitoring, enforcement, evaluation and updating of
EU equal treatment legislation; using the newly-established European
Institute for Gender Equality[57]
to monitor existing EU equality indicators and consider the need
for new ones; considering gender-related inequalities affecting
boys and men as well as the contribution that men can make to
achieving gender equality; and producing an Annual Report on Gender
Equality to inform an annual Gender Equality Dialogue involving
the European Parliament, Council Presidencies, European social
partners and civil society representatives.
The Government's view
15.10 The Minister for Equalities and Criminal Information
at the Government Equalities Office (Lynne Featherstone) says
that the Government welcomes the Commission's Strategy which primarily
concerns proposals for action to be taken by the Commission rather
than by Member States. The Minister notes that the Commission
may, however, propose legislation on female genital mutilation
and on the enhancement of victims' rights in 2011. She adds,
"We will consider any measures proposed for
Member States to implement the Strategy on their merits as and
when they are proposed, taking into account existing and future
commitments to use of funding instruments such as the Structural
Funds, and without prejudice to the negotiations on the next financial
perspective."
15.11 The Minister expresses the Government's preference
for a non-legislative approach to implement the Strategy, which
could include discussion of indicators to monitor the gender pay
gap. She says that the UK will seek to participate actively in
the European Commission's Advisory Committee on Equality between
Women and Men[58] and
the High Level Group on Equality between Women and Men[59]
in order to influence the development of any new proposals resulting
from the Strategy. The Minister anticipates that the Employment,
Social Affairs, Health and Consumer Protection Council will seek
to agree Conclusions endorsing the Commission's Strategy for Equality
at its meeting in December.
Conclusion
15.12 We note that the Strategy seeks to give
effect to the new Commission's commitment to make equality between
women and men a reality by implementing the principles of equality
set out in the Women's Charter adopted in March. As the Minister
indicates, most of the actions proposed concern measures to be
taken by the Commission, in the first instance, and so there are
no direct policy, legal or financial implications for Member States
resulting from the Strategy. The Strategy and accompanying Commission
working documents provide a useful comparative overview of progress
towards achieving gender equality across the EU, as well as a
helpful indication of future EU action. The Strategy highlights
two areas in which legislation is likely to be proposed. The first
concerns criminal measures to tackle female genital mutilation;
and the second, further measures to enhance victims' rights. Any
proposed legislation will be subject to separate scrutiny, at
which point we will examine carefully the Commission's reasons
for considering that EU legislation is needed in these areas and
whether it would be more effective than national legislation.
Meanwhile, we are content to clear the Strategy for Equality from
scrutiny while reporting it to the House because of its political
importance.
56 The reference to legislation on victims' rights
does not appear in the Strategy itself but in ADD 1 which provides
a more detailed commentary on possible EU actions. Back
57
Established in December 2006 to assist EU institutions and Member
States in promoting gender equality in all EU policies and in
combating sex discrimination. Back
58
The Advisory Committee was established in 1981 and produces opinions
to help inform the Commission in formulating and implementing
EU activities promoting equality between women and men. It includes
representatives of the Member States, social partners, and NGOs.
Back
59
The High Level Group was established in 2001 and comprises senior
level representatives of Member States responsible for gender
mainstreaming and equality issues. It advises EU Presidencies
on possible policy areas and initiatives which may contribute
to gender equality. Back
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