Overview of existing EC legislation on

equal treatment between men and

women and the role of the European

Commission

Rashmin Sagoo

DG Employment, Social Affairs and Equal Opportunities

Unit G2, Equality, Action against discrimination: Legal Questions

The Commission’s role DG Employment, unit G2

Guardian of the Treaties - monitoring of EC law, infringement procedures

ECJ cases – infringements, preliminary references

New legislative proposals: new draft Art 13 proposal; and reconciliation

package/work-life balance (parental leave, maternity protection and

leave, self-employed women and assisting spouses)

Complaints from citizens, petitions from European Parliament, PQs

Awareness raising: seminars, publications, experts groups

Stakeholders: gender equality bodies network, NGOs, Member States etc

Current EC legislation

equal treatment between men

and women

EC Treaty

Art. 141 – Principle of Equal Pay for Equal Work

Art. 13 – Competence to act against discrimination on: sex, racial or

ethnic origin, religion or belief, disability, age or sexual orientation

Article 3(2) – Gender Mainstreaming - in all its activities the EC must

aim to eliminate inequalities & promote equality between men and

women

Current EC legislation:

equal treatment between men

and women Directives

Dir 75/117/EEC - equal pay for men and women

Dir 76/207/EEC and Dir 2002/73/EC - equal treatment for men and women in access to

employment, vocational training and working conditions

Dir 79/7/EEC - equal treatment for men and women in social security

Dir 86/378/EEC and Dir 96/97/EC - equal treatment in occupational social security schemes

Dir 92/85/EEC - measures to encourage improvements in the safety and health at work of

pregnant workers and workers who have recently given birth or are breastfeeding

Dir 96/34/EC - parental leave

Dir 97/80/EC - burden of proof in sex discrimination cases

Dir 2004/113/EC - equal treatment between men and women in the access to and supply of

goods and services

Dir 2006/54/EC - equal treatment for men and women in matters of employment and occupation

(recast)

Further info

DG Employment, Social Affairs and Equal Opportunities

Unit G2: Equality, action against discrimination: Legal Questions

http://ec.europa.eu/social

http://ec.europa.eu/atwork/basicfacts/index_en.htm