The European institutions are gearing up, as they do every year, to celebrate International Women’s Day, on 8 March. Each of the institutions is expected to repeat its commitment to promoting greater equality between men and women. This regular activity, however, rarely produces any concrete initiative.
Equality between men and women is one of the European Union objectives. Over time, legislation, jurisprudence and amendments to the treaties have helped to strengthen this principle and its application in the Union. Europe now has several regulatory texts for improving conditions for women (equality in the area of social security, employment, health, access to goods and services, etc.). It also has a European Gender Equality Institute in Vilnius, Lithuania. None of these initiatives, however, has been modernised or updated for over 10 years.
Consecutive failures
The European Commission has made many attempts in this area: in 2008 is presented a proposal against discrimination based on factors such as sexual orientation, in areas such as social protection, welfare benefits, education, access to goods and services, including accommodation (the “antidiscrimination” directive). A few months later it presented another legislative project to extend maternity leave (“Maternity leave” directive”). In 2012, it made a final attempt to put forward a legislative draft to introduce a 40% quota of women for non-executive posts on the boards of directors in major European companies quoted on the stock exchange (“women’s quota” directive).
On every occasion, however, this was rejected at the Council of the EU, where certain member states were totally unwilling to allow the Commission take control of the national prerogatives in this area, whilst others simply had completely different viewpoint in this regard (as borne out, for example, by the recent Polish draft law, that was ultimately withdrawn, against abortion). The antidiscrimination and women’s quota directives are also currently at an almost total standstill, whilst the one on maternity leave has been withdrawn.
The same can be observed at an international level, where the EU has still not ratified the Council of the EU Convention on preventing and tackling violence against women and domestic violence (Istanbul Convention), due to the sluggish pace at the Council.
Balance between private and working life
As the Commission has being somewhat humiliated, it is anxious to avoid further snubs and is now concerning itself with providing a minimum service on gender equality. Instead of renewing its gender equality strategy for 2010-15, as it was requested by the Council of the EU and Parliament, it has presented a working document from it services, which has no inter-institutional value or any specific budget. This document is in favour of promoting a strategic commitment for gender equality over the 2016-19 period.
It has also spent a substantial amount of time looking at what the follow-up should be to its draft directive on maternity leave. It is in fact expected to present something on the subject on 26 April as part of the European pillar of the social rights. According to our information, it is possible that it suggests new provisions for preventing discrimination against women when they returned to work after giving birth. It is also possible that it presents a recommendation on introducing paternity leave, as well as a draft amendment of the directive on parental leave (directive 2010/18/EU) in an effort to extend the non-transferable period of leave and extend the limits on leave based on the age of the child and upon which parental leave can be taken. (Original version in French by Sophie Petitjean)