Supranational action against sex discrimination: Equal pay and equal treatment in the European Union

1999 ◽  
Vol 138 (4) ◽  
pp. 381-410 ◽  
Author(s):  
Ingeborg HEIDE
Keyword(s):  
European Union ◽  
Sex Discrimination ◽  
Equal Treatment ◽  
The European Union ◽  
Equal Pay

27. Discrimination

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Social Security ◽  
Gender Equality ◽  
Equal Treatment ◽  
Occupational Pension ◽  
Eu Law ◽  
The European Union ◽  
Equal Pay ◽  
Self Employment ◽  
Equal Work

This chapter examines European Union (EU) law on discrimination. It provides an overview of provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). The chapter explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113, Directive 2000/43 and Directive 2000/78.

Race Discrimination and the European Union Anno 1996: From Rhetoric to Legal Remedy?

1996 ◽  
Vol 14 (2) ◽  
pp. 147-171 ◽  
Author(s):  
Deirdre Curtin ◽  
Mark Geurts
Keyword(s):  
European Union ◽  
Sex Discrimination ◽  
Ethnic Origin ◽  
Equal Treatment ◽  
The European Union ◽  
Member States ◽  
Unequal Treatment ◽  
Starting Point ◽  
Legal Competence ◽  
Third Country Nationals

The question of the legal competence of the EU to adopt binding measures to assist in combatting racial discrimination has traditionally not received much attention. The Treaty on European Union does not include a general prohibition of discrimination but only of (pay related) sex discrimination. Moreover, the Treaty provision outlawing discrimination on grounds of nationality has generally been interpreted as limited to discrimination between nationals of the Member States. For the rest, if anything, the Treaty provisions actually reinforce unequal treatment between the legal situation of migrants with the nationality of a Member State and ‘third country nationals’ (in particular the free movement of persons provisions and the definition of European Union citizenship, as introduced by the Maastricht Treaty). This not only risks feeding xenophobia, it is also an unacceptable starting-point to combat the disgraceful manifestations of racism in the territory of the Member States of the European Union. It is significant that in the run up to the Inter-Governmental Conference to amend the terms of the Treaty, a widely made proposal is to include a prohibition on discrimination on grounds inter alia of race and ethnic origin. A tandem proposal is to provide equal treatment for established third country nationals in certain respects. This article examines both the current situation (possible judicial and legislative approaches) as well as the desirable Treaty amendments.

14. Discrimination law

2020 ◽  
pp. 422-463
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Social Security ◽  
Sex Discrimination ◽  
The European Union ◽  
Equal Pay ◽  
The Social ◽  
Equal Work ◽  
The Eu

This chapter examines sex discrimination law in the European Union (EU). It analyses the reasons for the original inclusion of sex discrimination in the Treaty on the Functioning of the European Union (TFEU) and discusses the provision of TFEU Articles that aim to promote equality and prohibit discrimination. It evaluates the scope of Article 157 TFEU and explains the principle of ‘equal pay for equal work’ and ‘work of equal value’. This chapter also considers the expansion of the EU equality law with Article 19 TFEU, the Pregnant and Breastfeeding Workers Directive, and the Social Security Directive.

scholarly journals THE PRINCIPLE OF GENDER EQUALITY IN THE EUROPEAN UNION: DIMENSIONS AND THEIR CONTENT

2019 ◽  
pp. 39-44
Author(s):  
Kh. Rionidze
Keyword(s):  
Decision Making ◽  
European Union ◽  
European Integration ◽  
Gender Equality ◽  
Gender Mainstreaming ◽  
Equal Treatment ◽  
The European Union ◽  
Equal Pay ◽  
Political Economic ◽  
The Eu

The topicality of this issue is related to the fact that the EU is founded on a set of values, including equality. Nowadays the attitude towards women in the society is significantly different from that of men. Unfortunately, inequality does not decline over time. The basic idea of gender equality is to provide both women and men with the same rights, opportunities and conditions for full-fledged development. The article is devoted to the dimensions of the principle of gender equality in the European Union, which is important for Ukraine due to the conditions of European integration. The dimensions of gender equality cover the political, economic, civil, social and cultural spheres of our live activity, including achieving gender equality in employment, equal pay for equal work, gender balance in decision making, harmonization of professional and family life, education and «gender mainstreaming». That is why research and analysis of gender equality's dimensions in the EU and defining the legal aspects of their regulation are relevant to the legal system of Ukraine. Over the past few decades, the EU has notably worked for equal treatment legislation, gender mainstreaming and specific measures for the advancement of women. Moreover, the EU has defined the following dimensions of gender equality: equal economic independence for women and men; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence; and promoting gender equality beyond the EU. The dimension of gender equality is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres, so that women and men benefit equally and the inequality is not perpetuated. Although the EU has achieved positive results in protecting human rights, the work is still continuing in this direction. The idea of gender equality is an integral part of equality as a general principle, development and peace in the world. Without this principle, it is impossible to establish the basis for democracy, freedom, justice and tolerance. Recently, the principle of gender equality is getting paramount importance for Ukraine, as one of the conditions for successful European integration.

25. Discrimination

2020 ◽  
pp. 580-630
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Equal Treatment ◽  
Occupational Pension ◽  
The European Union ◽  
Equal Pay ◽  
Self Employment ◽  
Sex Equality ◽  
Equal Work ◽  
Definition Of

This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).

14. Discrimination law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Social Security ◽  
Sex Discrimination ◽  
The European Union ◽  
Equal Pay ◽  
The Social ◽  
Equal Work ◽  
The Eu

This chapter examines sex discrimination law in the European Union (EU). It analyses the reasons for the original inclusion of sex discrimination in the Treaty on the Functioning of the European Union (TFEU) and discusses the provision of TFEU Articles that aim to promote equality and prohibit discrimination. It evaluates the scope of Article 157 TFEU and explains the principle of ‘equal pay for equal work’ and ‘work of equal value’. This chapter also considers the expansion of the EU equality law with Article 19 TFEU, the Pregnant and Breastfeeding Workers Directive, and the Social Security Directive.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

scholarly journals Refl ections on the Principle of Equal Treatment in EU Law and the Jurisprudence of the Court of Justice of the European Union and the European Convention on Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 5-23
Author(s):  
Marija Daka
Keyword(s):  
European Union ◽  
Human Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Complex Approach

The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future potential this concept brings.

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