Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

2016 ◽  
Keyword(s):  
Equal Treatment ◽  
Men And Women ◽  
Goods And Services ◽  
Council Directive

Case Note — Judgment of the European Court of Justice (Grand Chamber) of 1 March 2010: ECJ finally paves the way for unisex premiums and benefits in insurance and related financial service contracts

2012 ◽  
Vol 13 (1) ◽  
pp. 105-123 ◽  
Author(s):  
Felipe Temming
Keyword(s):  
Financial Services ◽  
Equal Treatment ◽  
Legal Issue ◽  
Goods And Services ◽  
Service Contracts ◽  
Council Directive ◽  
European Court ◽  
Insured Person ◽  
Grand Chamber ◽  
Article 5

The reference for preliminary ruling concerns the validity of Article 5(2) of Council Directive 2004/113/EC of 13 December 2004, implementing the principle of equal treatment between men and women in the access to and supply of goods and services (hereinafter “Directive 2004/113”). The legal issue is the hotly debated question of whether and to what extent the sex of an insured person can be taken into account as a risk factor in the formulation of private contracts in insurance and related financial services.

Notes on equal treatment for men and women in occupational social security schemes

1984 ◽  
Vol 111 (1) ◽  
pp. 15-72
Author(s):  
A. D. Wilkie
Keyword(s):  
Life Expectancy ◽  
Social Security ◽  
Equal Treatment ◽  
Men And Women ◽  
Council Directive

SummaryThese notes discuss the Proposal by the Commission of the European Communities for a Council Directive “On the implementation of the principle of equal treatment for men and women in occupational social security schemes”. Article 6, §§ 1(h) and (i) of the proposed Directive state that it would be contrary to the principle of equal treatment to provide for benefits whose level or amount differ or to set contributions at different rates, “by taking into account different factors of calculation, actuarial or otherwise, with regard to the phenomena of ill health, mortality or life expectancy”. These notes concentrate on this proposal, which is of considerable actuarial importance. Actuaries take into account different factors of calculation with regard to these phenomena, not simply by convention or through unjustifiable prejudice, but because of a sincere respect for the truth. To attempt to ignore the truth may have dangerous consequences, which are discussed.

scholarly journals Quantification of the Impact of a Ban on the Use of Gender in Life Insurance

2020 ◽  
Vol 14 (1) ◽  
pp. 51-67
Author(s):  
Ondřej Poul
Keyword(s):  
Life Insurance ◽  
Imperfect Information ◽  
Equal Treatment ◽  
Insurance Regulation ◽  
Men And Women ◽  
Goods And Services ◽  
Market Participants ◽  
Court Of Justice ◽  
New Business ◽  
The Impact

The paper explains the impact of insurance regulation to the pricing after ban of using sex life tables. On 1st March 2011, the Court of Justice decided that it is not possible for pricing to use lifetables based on sex diff erentiation. There would be a contradiction with the Directive 2004/113/ES that sets a principle of equal treatment between men and women in the access to and supply of goods and services. This conclusion forced the insurers all over the Europe to create new prices and made an information asymmetry in favour of the clients. According to the theory, the market participants’ behaviour in imperfect information leads to a creation of a new market equilibrium. In practice, it results into the product designs adjustments. The impact of regulation into the fi nal price of insurance is quantified on the case of European insurers group. The other impact is the change in the structure of the insurance class in terms of representation of men and women in the new business.

Notes on Equal Treatment for Men and Women in Occupational Social Security Schemes

1984 ◽  
Vol 39 ◽  
pp. 19-104
Author(s):  
A. D. Wilkie
Keyword(s):  
Life Expectancy ◽  
Social Security ◽  
Equal Treatment ◽  
Men And Women ◽  
Council Directive

AbstractThese notes discuss the Proposal by the Commission of the European Communities for a Council Directive “On the implementation of the principle of equal treatment for men and women in occupational social security schemes”. Article 6, sections l(h) and (i) of the proposed Directive state that it would be contrary to the principle of equal treatment to provide for benefits whose level or amount differ or to set contributions at different rates, “by taking into account different factors of calculation, actuarial or otherwise, with regard to the phenomena of ill health, mortality or life expectancy”. These notes concentrate on this proposal, which is of considerable actuarial importance. Actuaries take into account different factors of calculation with regard to these phenomena, not simply by convention or through unjustifiable prejudice, but because of a sincere respect for the truth. To attempt to ignore the truth may have dangerous consequences, which are discussed.

Compulsory Military Service and Equal Treatment of Men and Women – Recent Decisions of the Federal Constitutional Court and the European Court of Justice (Alexander Dory v. Germany)

2003 ◽  
Vol 4 (4) ◽  
pp. 299-308 ◽  
Author(s):  
Karen Raible
Keyword(s):  
Military Service ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Men And Women ◽  
Court Of Justice ◽  
Council Directive ◽  
Compulsory Military Service ◽  
European Court ◽  
Federal Constitutional

The European Court of Justice (ECJ) decided, in the case Tanja Kreil v. Germany, that Council Directive 76/207/EEC of 9 February 1976 (equal treatment directive) precludes the application of national provisions, such as those of German law, which impose a general exclusion of women from military posts involving the use of arms. The ECJ found that such policies violated the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. Since this ruling both the Bundesverfassungsgericht (BVerfG – Federal Constitutional Court) and the ECJ have had to confront the question whether the German system of compulsory military service for men is compatible with Article 3.2 and 3.3 of the Grundgesetz (GG – German Basic Law) and the equal treatment directive.

Reflections on Slavery, Seclusion and Female Labor in the Maradi Region of Niger in the Nineteenth and Twentieth Centuries

1994 ◽  
Vol 35 (1) ◽  
pp. 61-78 ◽  
Author(s):  
Barbara M. Cooper
Keyword(s):  
Urban Women ◽  
Colonial Period ◽  
Northern Nigeria ◽  
Female Labor ◽  
Men And Women ◽  
Post Colonial ◽  
Goods And Services ◽  
Plantation Slavery ◽  
Nineteenth And Twentieth Centuries ◽  
Female Slaves

This essay argues that female participation in agriculture and limited seclusion in Maradi (Niger) today do not stem from the absence of agricultural slavery in the pre-colonial period but rather result from the resistance of the Katsinawa élite to the Islamic reforms of the Sokoto Caliphate and from the absence of rimji (plantation) slavery in the region. The abolition of slavery did not mark a watershed in the rise of seclusion, as M. G. Smith argues was the case in Nigeria, but rather triggered a series of reformulations of marriage and female hierarchy. Semi-legitimate and legitimate polygynous marriages permitted men and women of the wealthier classes to retain the labor of former female slaves as ‘concubines’ and later enabled them to use junior wives to perform the duties once carried out by slaves. Women countered the ambiguities of such marriages by asserting their worth through wedding ritual and later by adopting the veiling of élite women. As economic and cultural ties with northern Nigeria grew during the colonial and post-colonial periods, and as goods and services reduced some of the labor demands upon urban women, seclusion gained in popularity. By acquiescing to the dependency implicit in purdah women could protect themselves from the labor demands of others and could sometimes free themselves up to earn independent incomes of their own. Thus the recent adoption of seclusion in Maradi has not arisen out of a unilateral decision on the part of newly freed women to adopt seclusion as a sign of status, as Smith claimed for Northern Nigeria, but resulted instead from of a series of redefinitions, contestations and negotiations of marriage in which both men and women have been active.

Ethnic Minorities and Equal Treatment: The Impact of Gender, Equal Opportunities Policies and Trade Unions

2001 ◽  
Vol 176 ◽  
pp. 105-116 ◽  
Author(s):  
Mike Noon ◽  
Kim Hoque
Keyword(s):  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Trade Union ◽  
Trade Unions ◽  
Equal Treatment ◽  
Equal Opportunities ◽  
Men And Women ◽  
Non Union ◽  
Minority Men ◽  
The Impact

The article examines whether ethnic minority employees report poorer treatment at work than white employees, and evaluates the impact of three key features — gender differences, formal equal opportunities policies and trade union recognition. The analysis reveals that ethnic minority men and women receive poorer treatment than their white counterparts. In addition, there is evidence to suggest that ethnic minority women receive poorer treatment than ethnic minority men. Equal opportunities policies are effective in ensuring equal treatment, but the presence of a recognised trade union is not. White men and women in unionised workplaces enjoy better treatment than their white counterparts in non-union workplaces, but the same is not true for ethnic minorities. By contrast, there is very little evidence of unequal treatment in non-union workplaces.

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