Equal Treatment between Men and Women in the European Union

2001 ◽  
Vol 5 (1) ◽  
pp. 149
Author(s):  
Hyung Bok Chae
Keyword(s):  
European Union ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

scholarly journals Analysis of the Territorial Efficiency of European Funds as an Instrument to Reduce Labor Gender Differences

Economies ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 9
Author(s):  
Miguel Blanco ◽  
Lydia Bares ◽  
Oksana Hrynevych ◽  
Marcos Ferasso
Keyword(s):  
Gender Differences ◽  
European Union ◽  
Data Envelopment Analysis ◽  
Gender Equality ◽  
Equal Treatment ◽  
Data Envelopment ◽  
The European Union ◽  
Men And Women ◽  
Previous Period ◽  
Over Time

Gender equality has been one of the goals of the European Union since 1957. Article 157 of the Treaty on the Functioning of the European Union authorizes the European Parliament and the Council to adopt all those measures that guarantee the application of the principle of equality opportunities and equal treatment for men and women in employment and occupation matters. The main goal of this article was to determine whether the use of European Funds by Eurozone countries has made it possible to reduce labor differences in gender matters. To this end, the efficiency levels of the Funds are analyzed in two different periods, 2007 to 2013 and 2014 to 2020. Data Envelopment Analysis (DEA), a methodology frequently used by researchers in efficiency analyses, was applied. Among the main conclusions obtained are that the efficiency levels from the period 2014 to 2020 have been higher than that obtained in the previous period, but there are significant and persistent differences over time in the levels of gender efficiency between the different countries of the Eurozone.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 963-1030
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

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.

‘Since I retired, I can take things as they come. For example, the laundry’: gender, class and freedom in retirement in Switzerland

2017 ◽  
Vol 38 (8) ◽  
pp. 1556-1580 ◽  
Author(s):  
MARION REPETTI ◽  
TONI CALASANTI
Keyword(s):  
Gender Differences ◽  
European Union ◽  
Division Of Labour ◽  
Population Ageing ◽  
Active Ageing ◽  
The European Union ◽  
Structured Interviews ◽  
Reform Policy ◽  
Men And Women ◽  
Gender Division Of Labour

ABSTRACTPopulation ageing has led many countries to be concerned about the ‘economic burden’ of elders, and several have adopted the active ageing paradigm to reform policy. However, gender differences that moderate the effect of active ageing have been little considered. As in other nations in the European Union, Swiss federal authorities use the active ageing paradigm to reshape ageing policies, including the provision of incentives to seniors to remain in the labour market. At the same time, many recent and proposed changes draw on the assumption of gender equality, even though actual parity has not yet been demonstrated. We know little about how gender shapes retirement in Switzerland, other than in relation to financial inequality between women and men. Qualitative analysis of semi-structured interviews conducted with Swiss retirees (N = 15) shows how men and women describe this time of life differently. All respondents characterised retirement as a time of freedom; but the meaning of such freedom diverged for men and women, reflecting the gender division of labour, which is further shaped by class. We discuss the implications of this difference for the gendered consequences of active ageing policies.

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.

Effective enforcement of EU labour law: A comparative example

2020 ◽  
Vol 11 (4) ◽  
pp. 403-412
Author(s):  
Michael Gotthardt
Keyword(s):  
European Union ◽  
Catholic Church ◽  
Fundamental Rights ◽  
Employment Relationship ◽  
Equal Treatment ◽  
European Convention ◽  
The European Union ◽  
Unequal Treatment ◽  
Procedural Law ◽  
Charter Of Fundamental Rights

The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.

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