Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | FEMM | RIERA MADURELL Teresa ( PSE) | |
Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
RoP 54, RoP 54-p4
Legal Basis:
RoP 54, RoP 54-p4Subjects
Events
The European Parliament adopted by 537 votes to 22 with 31 abstentions, an alterative joint resolution on the transposition and application of Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions proposed in plenary by the following political groups: EPP-ED, PES, ALDE and GUE/NGL.
The own-initiative report had been tabled for consideration in plenary by Teresa RIERA MADURELL (PES, ES) on behalf of the Committee on Women’s Rights and Gender Equality.
Parliament regrets that the Commission's report to the European Parliament and the Council, to be based on information communicated by the Member States by the end of 2005, is not yet available. It calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive.
Unclear or insufficient transposition : Parliament regrets the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. It is concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. It also regrets the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. Parliament deplores the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. It calls on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented .
Avoid harassment : Parliament asks Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour.
Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. Parliament invites the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known.
Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, Parliament considers that there is a poor level of awareness of rights under Directive 2002/73/EC. It calls on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC.
Strengthen social dialogue and develop national equality plans : Parliament points to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. It invites Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men.
Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose.
Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.
The Committee on Women’s Rights and Gender Equality adopted the own-initiative report drafted by Teresa RIERA MADURELL (PES, ES) on transposition and application of Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. The committee calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive.
Unclear or insufficient transposition : MEPs regret the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. They are concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. They regret the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. They also deplore the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. They call on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented.
Avoid harassment : MEPs ask Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour.
Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. MEPs invite the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known.
Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, MEPs consider that there is a poor level of awareness of rights under Directive 2002/73/EC. They call on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC.
Strengthen social dialogue and develop national equality plans : MEPs point to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. They invite Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men.
Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose.
Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.
Documents
- Commission response to text adopted in plenary: SP(2009)1067
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0024/2009
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A6-0491/2008
- Committee report tabled for plenary: A6-0491/2008
- Amendments tabled in committee: PE414.194
- Committee draft report: PE412.284
- Committee opinion: PE405.896
- Committee opinion: PE405.896
- Committee draft report: PE412.284
- Amendments tabled in committee: PE414.194
- Committee report tabled for plenary, single reading: A6-0491/2008
- Commission response to text adopted in plenary: SP(2009)1067
Activities
- Manuel dos SANTOS
Plenary Speeches (2)
- 2016/11/22 Equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (short presentation)
- 2016/11/22 Equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (short presentation)
- Proinsias DE ROSSA
- Louis GRECH
- Zita PLEŠTINSKÁ
- Teresa RIERA MADURELL
Amendments | Dossier |
54 |
2008/2039(INI)
2008/06/04
EMPL
37 amendments...
Amendment 1 #
Draft opinion Recital A a (new) Aa. Whereas many Member States faced difficulty in transposing the directive, especially in introducing into their legislation specific and appropriate measures for improving gender equality and reducing discrimination as regards obtaining employment, vocational training and promotion, and working conditions,
Amendment 10 #
Draft opinion Paragraph 1 d (new) 1d. Urges the Commission to recognise that the principle of equal pay for work of equal social value, as stated in Community legislation, cannot yet be put into effect because of a lack of criteria for comparing activities which call for different kinds of abilities and knowledge but play a comparable social role; considers that scientific analyses in this field are essential to altering the current methods of measuring the social value of work based on traditional gender discriminatory ideas about the importance of different activities, which has the consequence of maintaining the structural remuneration disparities between sectors;
Amendment 11 #
Draft opinion Paragraph 1 e (new) 1e. Calls on the Commission and the Member States to set up clear, detailed and measurable equal treatment indicators and standards for evaluating gender relations and respect for women's rights in undertakings; believes that promoting positive examples is necessary and that one criterion for not awarding public contracts to undertakings might be the infringement of laws relating to equal treatment;
Amendment 12 #
Draft opinion Paragraph 1 f (new) 1f. Strongly recommends that all social and political actors (governments, trade unions, employers' organisations, political parties and NGOs) step up their common activities aimed at raising awareness of the existing legal guarantees and the correct and effective application of law on equal treatment;
Amendment 13 #
Draft opinion Paragraph 2 2. Finds it disturbing that women are continuing to suffer serious discrimination, as reflected in their unemployment rates, the more precarious forms of work in which they are employed, their lower pay, the fact that they are exposed to a higher risk of poverty and industrial accidents,
Amendment 14 #
Draft opinion Paragraph 2 2. Finds it disturbing that
Amendment 15 #
Draft opinion Paragraph 2 2. Finds it disturbing that women are continuing to suffer serious discrimination, as reflected in their unemployment rates, the more precarious forms of work in which they are employed, their lower pay, the fact that they are exposed to a higher risk of poverty
Amendment 16 #
Draft opinion Paragraph 2 2. Finds it disturbing that women are continuing to suffer serious discrimination,
Amendment 17 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that, even though the difference between the employment rate for women and for men has been reduced slightly, this difference still stood at more than 14% in 2006 and women's employment is more precarious, with increasing numbers of women working part-time and on temporary contracts;
Amendment 18 #
Draft opinion Paragraph 2 b (new) 2b. Notes that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006, and that the percentage of women in management posts is still far lower than the percentage of men;
Amendment 19 #
Draft opinion Paragraph 2 c (new) 2c. Calls on the Commission to examine to what extent Member States have availed themselves of the possibilities for taking specific positive measures where the disadvantages facing women in their professional careers are particularly serious and evident; calls on the Commission to draw up a report on this matter;
Amendment 2 #
Draft opinion Recital A b (new) Ab. Whereas indicators show that there were no effects worth mentioning on the ability of women to obtain employment and promotion in the years following the entry into force of the new, improved legislation on equal treatment,
Amendment 20 #
Draft opinion Paragraph 2 d (new) 2d. Calls on the Commission to examine whether women are adequately informed about their rights under Directive 2002/73/EC, have easy and unimpeded access to an ombudsman's office which supports them in exercising their rights and whether Member States, beyond the transposition of legislation, take further measures to support protection from discrimination for women in employment and training and further develop such protection by targeted preventive measures;
Amendment 21 #
Draft opinion Paragraph 2 e (new) 2e. Calls on the Commission to examine whether the ombudsman authorities for protecting victims in Member States are sufficiently well funded and staffed to enable them to fully to discharge their duties in accordance with Article 8a;
Amendment 22 #
Draft opinion Paragraph 2 f (new) 2f. Calls on the Commission to examine whether Member States are ensuring that victims or associations and organisations which have a legitimate interest in compliance with the Directive are not prevented by legal or other barriers, for example excessively short deadlines, from initiating legal proceedings over infringements of discrimination protection and equal rights or from claiming the full rights of those concerned under Directive 2002/73/EC in other administrative procedures;
Amendment 23 #
Draft opinion Paragraph 3 3. Urges the
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission carefully to monitor the transposition of Directive 2002/73/EC and compliance with the legislation arising from this transposition and to continue to exert pressure on Member States by initiating proceedings in the event of infringements or omissions so that they honour their legal obligations;
Amendment 25 #
Draft opinion Paragraph 4 4. Maintains that steps need to be taken immediately in order to give full and productive effect to Directive 2002/73/EC with a view to combating discrimination;
Amendment 26 #
Draft opinion Paragraph 4 4. Maintains that steps need to be taken immediately in order to give full and productive effect to Directive 2002/73/EC with a view to combating discrimination; urges the Member States to attach greater importance to collective bargaining each according to its traditions, give dignity to those who work, bring closer supervision to bear on working conditions, health and safety, and
Amendment 27 #
Draft opinion Paragraph 5 5. Points out that collective negotiation and bargaining have an important role to play in combating discrimination against women, not least as regards access to employment, pay, working conditions, career advancement, and vocational training
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission, Member States, trade union organisations, employers and all governmental and non- governmental players to do everything within their power to raise awareness of the rights arising from the directive in question and to improve information on the possibilities for redress in the event of discrimination;
Amendment 29 #
Draft opinion Paragraph 5 b (new) 5b. Urges the bodies promoting equal treatment provided for in the directive to ensure the independence of the assistance granted to victims of discrimination and of their supporting and investigations activities; calls also on Member States to ensure the equitable funding of structures and their activities;
Amendment 3 #
Draft opinion Recital A c (new) Ac. Whereas, in many Member States, gender mainstreaming in political and administrative decisions is impossible due to a lack of knowledge and awareness of this approach,
Amendment 30 #
Draft opinion Paragraph 6 6. Points to the need for specific policies and goals aimed at achieving genuine equality between women and men (equal pay, parental leave, access to high-quality jobs with rights) and organising work and working time in ways making for a better work-life balance and equal access to lifelong learning;
Amendment 31 #
Draft opinion Paragraph 6 6. Points to the need for specific policies and goals aimed at achieving equality between women and men (equal pay, parental leave, access to high
Amendment 32 #
Draft opinion Paragraph 6 a (new) 6a. Points to the need to ensure greater flexibility regarding parental leave, particularly for mothers with handicapped children;
Amendment 33 #
Draft opinion Paragraph 7 7. Points to the need for new and better educational and social facilities, both for children and young people and for older adults, including more (and better) learning opportunities
Amendment 34 #
Draft opinion Paragraph 7 a (new) 7a. Stresses the need to guarantee full rights, including maternity and social security rights, for all working women, including women who are self-employed or who work on family farms;
Amendment 35 #
Draft opinion Paragraph 7 b (new) 7b. Considers it important to look into the question of establishing a methodology for analysing exactly what jobs entail, that will guarantee the right to equal pay for women and men, give proper recognition to individuals and occupations and, at the same time, attach due dignity to work as a structuring factor, with a view to increasing the productivity, competitiveness and quality of undertakings and improving the lives of workers, both men and women;
Amendment 36 #
Draft opinion Paragraph 7 c (new) 7c. Stresses the need to encourage initiatives that contribute to setting up and implementing in companies human resources policies and positive measures promoting gender equality, and to encourage information and training measures making it possible to promote, transfer and incorporate practices that have been successful in organisations and companies;
Amendment 37 #
Draft opinion Paragraph 7 e (new) 7e. Emphasises the need to combat the specific obstacles faced by women and girls with disabilities and the mothers of children with disabilities as regards equal access to education and the labour market and the need to adapt measures to incorporate the gender dimension in all policies and to the particular needs of such groups.
Amendment 4 #
Draft opinion Recital A d (new) Ad. Whereas, in each Member State, at least one body with responsibility for promoting, analysing, monitoring and fostering gender equality has been set up,
Amendment 5 #
Draft opinion Recital A e (new) Ae. Whereas gender discrimination in other social and political aspects is worsened by the persisting gender pay gap, especially between the so called feminine and masculine economies and in the public sector,
Amendment 6 #
Draft opinion Paragraph 1 1. Deplores the fact that, although there have been some advances
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that women's economic independence is fundamental for their emancipation, and employment with rights is therefore a guarantee for their personal development and for social inclusion;
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Calls on the Commission to offer its expertise to the Member States, where needed and to take vigorous measures to support the exchange of good practices concerning the equal treatment of women and men in the employment market;
Amendment 9 #
Draft opinion Paragraph 1 c (new) 1c. Calls on the Commission and the Member States to assess the activities of national gender equality bodies and to propose measures to strengthen their role and to improve the effectiveness of the application of relevant legislation;
source: PE-407.757
2008/10/14
FEMM
17 amendments...
Amendment 1 #
Motion for a resolution Recital D D. whereas
Amendment 10 #
Motion for a resolution Paragraph 19 19. Stresses the critical role of NGOs in providing assistance to victims of discrimination; asks public authorities to earmark resources for mediation and assistance projects, which are more
Amendment 11 #
Motion for a resolution Paragraph 21 21. Points to the need to foster
Amendment 12 #
Motion for a resolution Paragraph 22 22. Invites Member States to
Amendment 13 #
Motion for a resolution Paragraph 22 22. Invites Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality
Amendment 14 #
Motion for a resolution Paragraph 23 23. Invites Member States to encourage employers to provide employees and their representatives with regular
Amendment 15 #
Motion for a resolution Paragraph 23 23. Invites Member States to encourage employers to provide employees and their representatives with regular
Amendment 16 #
Motion for a resolution Paragraph 24 24. Insists on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members;
Amendment 17 #
Motion for a resolution Paragraph 25 25. Reminds the Member States of the
Amendment 2 #
Motion for a resolution Paragraph 3 3. Notes that close cooperation between the competent committees in national parliaments and the European Parliament in monitoring the transposition and implementation of gender equality legislation would bring gender equality closer to policy-makers and citizens;
Amendment 3 #
Motion for a resolution Paragraph 6 6. Deplores the fact that several national legislations do not
Amendment 4 #
Motion for a resolution Paragraph 7 7. Is concerned that in several Member States the field of application of the prohibited discriminations is not sufficiently wide as to comply with Directive 2002/73/EC; recalls that the prohibited discriminations affect
Amendment 5 #
Motion for a resolution Paragraph 10 a (new) 10a. Refers to the fact that equal treatment does not apply to all social security systems; calls on the Member States and the Commission to ensure that occupational pension schemes in particular are not discriminatory against women and that they do not reinforce existing patterns that already put women at a disadvantage in terms of benefits and contributions;
Amendment 6 #
Motion for a resolution Paragraph 11 11. Welcomes the efforts made by those Member States who have extended or reinforced the requirements of Directive 2002/73/EC, especially those initiatives that have introduced protection against discrimination into new sectors of society, such as information and communication technologies (ICT);
Amendment 7 #
Motion for a resolution Paragraph 13 13. Urges Member States to
Amendment 8 #
Motion for a resolution Paragraph 16 16. Draws attention to the
Amendment 9 #
Motion for a resolution Paragraph 17 17. Notes the limited trust in judicial protection among victims of discrimination; calls on Member States to ensure that assistance granted is independent
source: PE-414.194
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