Activities of Evelyn REGNER related to 2016/2012(INI)
Legal basis opinions (0)
Amendments (27)
Amendment 4 #
Draft opinion
Recital B
Recital B
B. whereas Directive 2004/113/EC (hereinafter ‘the Directive’) extends protection against sex discrimination beyond the traditional realm of the labour market to the area of access to and supply of goods and services but explicitly excludes the media, advertising and public and private education;
Amendment 11 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the scope of the Directive is rather narrow and does not cover media, advertising and public and private education, but does include health services;1a __________________ 1a[2001] ECR I-5473 Judgement of the Court of Justice of the European Communities of 12 July 2001 in case C- 157/99 Geraets-Smits and Peerbooms.
Amendment 14 #
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that there is a lack of awareness among the general public regarding the content and implications of the Directive, as well as among protected persons and providers of goods and services regarding their rights and obligations, arising from a lack both of reporting and of case law;
Amendment 14 #
Motion for a resolution
Recital A
Recital A
A. whereas combating gender discrimination in the field of goods and services is an integral part of the principle of gender equality and equality between women and men which constitutes a fundamental valuprinciple of the European Union recognised inand both, the Treaties and in the Charter of Fundamental Rights prohibit any discrimination on grounds of sex and require equality between women and men to be ensured in all areas;
Amendment 15 #
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that all Member States have implemented the ruling or are implementing it, and that some of them have chosen even to go beyond the ruling by applying the unisex rule to all types of insurance and pensions;covering the media, advertising, public and private education and applying the unisex rule to all types of insurance and pensions 2a; __________________ 2aJudgment of the Court of Justice of the European Union of 1 March 2011 in Case C-236/09 (Test-Achats), OJ C 130, 30.4.2011, p. 4.
Amendment 17 #
Motion for a resolution
Recital A
Recital A
A. whereas combating gender discrimination in the field of goods and services is an integral part of the principle of gender equality and equality between women and men which constitutes a fundamental value of the European Union recognised in the Treaties and in the Charter of Fundamental Rights;
Amendment 21 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to launch a studycomprehensive study and data collection exercise on the implementation of the Directive, to continue its monitoring activities, and to support Member States in order to realise the full potential of the Directive;
Amendment 23 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to evaluate the impact of new and innovative services offered viaHighlights that although the digitalisation of certain services and sectors and the proliferation of collaborative forms of service provision have changed access to and the supply of goods and services, the Directive remains applicable to the digital sphere; calls on the Commission to evaluate the impact of digitalisation and the collaborative economy on the access andto and the supply of goods and services from a gender equality perspective.;
Amendment 23 #
Motion for a resolution
Recital D
Recital D
D. whereas media, advertising and education-related services as well as the services that are provided for within the private sphere fall outsideare excluded by the scope of the Directive; highlights that in some cases national legislation goes further than required by the Directive by covering discrimination between men and women in media and advertising and education;
Amendment 24 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need for clarification of the provisions on liability for providers of goods and services and connecting online platforms on the basis of the Directive; calls, therefore, on the Member States and the Commission to urgently address the issue of liability in this context;
Amendment 41 #
Motion for a resolution
Recital L
Recital L
L. whereas allthe majority of Member States have established equality bodies, their attributed competences in relation to supply of and access to goods and services as well as financial resources, and therefore effectiveness in fulfilling designated goals varies;
Amendment 46 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotesIs Concerned that the application of the Directive is not uniformvaries a lot across the Member States and that despite progress achieved in this area there are still challenges and gaps in the implementation thereof that need to be addressed in some Member States and across certain sectors;
Amendment 49 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the scope of the Directive is rather narrow and does not cover media and advertising content, taking into account their significance, as well as the significance of education in the creation, retention and development of gender-based stereotypes;
Amendment 51 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note that while the Commission report states that no specific difficulties have been signalled in implementing several provisions of the Directive, this statement is based on very few cases of discrimination reported, and that overall there is very limited information and that data collection in this area varies considerably at Member State level; Calls on the Commission to launch a comprehensive study and data collection, to continue its monitoring activities and to support and encourage the Member States in collecting and providing data in order to realise the full potential of the Directive;
Amendment 55 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that 13 Member States have not taken yet legal provisions protecting transgender persons against discrimination in supply of and access to goods and services which creates legal uncertainty and possible high discrimination rates due to lack of data;
Amendment 71 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that while the prohibition of harassment, including sexual and gender- based harassment, is embedded in national legislation, women, transgender and intersex persons continue to experience forms of abuse on means of transport on a systematic and frequent basis and there is a persisting need to enhance preventive measures against harassment, including raising awareness among the service providers;
Amendment 72 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that while the prohibition of harassment, including sexual and gender- based harassment, is embedded in national legislation, women, transgender and intersex persons continue to experience forms of abuse on means of transport on a systematic and frequent basis and there is a persisting need to enhance preventive measures against harassment, including raising awareness among the service providers;
Amendment 83 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that unequal treatment of women on the grounds of maternity or pregnancy, including breastfeeding on the premises of service providers still persists across the Member States; considers that the protection of women on the grounds of maternity and pregnancy, including breastfeeding as guaranteed by the Directive needs to be strengthened at Member State level by the means of their choicend fully implemented at Member State level; considers that there is a need in particular for awareness- raising, specifically among the service providers;
Amendment 89 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the new possible areas of application of the Directive, in particular as a result of theat digitalisation of certain services and sectors as well as the proliferation of collaborative forms of service provision have changed the access to and supply of goods and services, nevertheless the Directive remains applicable to the digital sphere;
Amendment 91 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that those services offered within the collaborative economy which are publicly advertisedavailable for the public and offered for profit fall within the remit of the Directive and should, therefore, be consistent with the principle of equal treatment of women and men;
Amendment 93 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes in this context that in the digital sphere, "profit" does not necessarily mean money and that data is increasingly used as a counter performance for goods and services;
Amendment 101 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to consider a revision of the Directive to ensure that other grounds of discrimination like gender identity, gender expression and sex characteristics are to be included; Moreover calls on the Commission to include the content of media and advertisement in the Directive to avoid different levels of protections in the supply of and access to goods and services;
Amendment 102 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses the need for clarification of the provisions of liability for providers of goods and services and the connecting online platforms on the basis of the Directive; Calls therefore on the Member States and on the Commission to urgently address the issue of liability in the above mentioned context;
Amendment 104 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Urges the Commission and the Member States to unblock the Commission proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation COM/2008/0426 final to ensure a common level of protection against discrimination outside the workplace for all grounds of discrimination of Article 19 TFEU;
Amendment 109 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that equality bodies play a crucial role in monitoring and ensuring that the rights derived from the Directive are fully exercised at national level; calls on the Member States to strengthen their role, to guarantee sufficient competences and, adequate resources and full independence for equality bodies to fulfil their principal taskstasks given by the Directive in an effective way, which include independent assistance to victims of discrimination in pursuing their complaints, conducting independent surveys concerning discrimination and publishing independent reports and recommendations, raising awareness about the Directive and challenging stereotypes about gender roles in the supply of and access to goods and services;
Amendment 120 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, given the persisting gaps in the practical application of the Directive, to ask the European Network of Legal Experts in cooperation with equality bodies to draw up a new comprehensive report, also taking into account intersectional forms of gender inequalities and multiple grounds of discrimination, affecting women with disabilities, migrant women, lesbian, bisexual, transgender and intersex women; Calls the Commission to reflect the findings within its next report on the application of the Directive;
Amendment 125 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission and on the Member states to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) without further delay;