Annick Masselot

The State of Gender Equality Law in the European Union

This article assesses critically the recent law and policy initiatives in European Union gender equality. As a fundamental right, the principle of gender equality is to apply in all areas of EU law. Its scope has been extended to the access to and supply of goods and services and, according to the European Court of Justice, to the Third Pillar. Despite efforts to render the principle visible and accessible, a number of provisions remain unclear and contradictory. The contribution of external actors in this field is set to help safeguarding and enhancing the Community gender equality acquis.

Reconciling work and family life in EU law and policy

Introduction: Reconciling Work and Family Life: Old Problems and New Challenges The Development of the Reconciliation Principle in EU Discourse The Leave Provisions The Time Provisions The Care Strategy Conclusions

Introduction: To Take or Not to Take EU Norms? Adoption, Adaptation, Resistance and Rejection

Aiming to advance a research agenda on export and import of EU norms and values, the main focus is on the recipients of EU norms. This chapter raises questions concerning when, how and why EU norms are imported. How are EU norms adopted, adapted, resisted or rejected? How do norm-takers perceive of the EU and its norms? Is there a ‘normative fit’ or friction between EU norms and the local normative context? Bringing together insights from a variety of theoretical perspectives we investigate norm import and develop a conceptual framework to understand why norm takers around the world adopt, adapt, resist or reject the EU’s norm exports. Why are there differences in willingness to import norms exported by the EU in various parts of the world? We situate the conceptual framework within the normative power literature and we elaborate the notion of cultural filters including others’ perceptions of the EU in order to understand these responses to EU norm export. We emphasize translation of imported European norms into changes of institutional arrangements, policies and/or practices by recipients. We organize responses into a spectrum that stretches from unqualified adoption of European norms, over adaptation and increasing levels of resistance to unambiguous rejection. This conceptual framework provides us with tools to read a complex reality without necessarily mirroring this reality.

The Value of Gender Equality in EU-Asian Trade Policy: An Assessment of the EU’s Ability to Implement Its Own Legal Obligations

This chapter assesses the tension that exists between the EU internal and international legal obligations to achieve gender equality in all its activities, and the lack of actual implementation of this value in the context of trade negotiations with the Asian region. The EU’s willingness to foster good economic relations with key rising markets in Asia together with the Asian countries’ systematic rejection of the inclusion of norms in Free Trade Agreement create a double barrier for the diffusion of gender equality norms. Ultimately, the failure to insert gender equality norms within trade negotiations with Asian countries casts serious doubts about the EU’s international “actorness” and it fails to serve women in Asia.

Skivers, Strivers and Thrivers: The Shift from Welfare to Wellbeing in New Zealand and the United Kingdom

This chapter examines the relationship between governmental wellbeing agendas and welfare reforms in New Zealand and The United Kingdom. In both countries, a combination of legislative tools and strategic policy directives are changing how welfare and wellbeing are conceptualised, assessed and supported by government. With the question ‘wellbeing for who?’ at the forefront, this chapter critically discusses the negative impacts of welfare reform on women and the need for gender sensitive and gender-specific evidence on wellbeing. It argues that if wellbeing is consistently being undermined for a particular group of people, and there is insufficient attention to understanding their needs through appropriate methodologies, then this is discriminatory and seriously challenges the political claim of measuring and promoting national wellbeing.

The EU childcare strategy in times of austerity

The importance of accessible, affordable, flexible and high-quality childcare facilities is acknowledged by the European Union (EU) as an essential element to achieving gender equality and full employment for parents. However, legal and policy development in this area has been slow and lacking cohesion. Following the 2008 financial crisis, EU intervention on childcare issues appears to have been dictated by economic priorities and by the rights of the child. The early underpinning of childcare policy with the principle of gender equality is fading fast. This article argues that to date childcare remains dominated by rhetoric: the targets set are far from being achieved, disparities between Member States continue to occur, and women in Europe continue to bear the cost of reproduction disproportionately. In this context, childcare remains gendered, unvalued, unaccounted for and often unpaid.

Conclusions: The Way Forward

There are two kinds of moral laws, two kinds of conscience, one for men and one, quite different for women. They don’t understand each other; but in practical life woman is judged by masculine law, as though she weren’t a woman but a man.680

Fighting Discrimination on the Grounds of Pregnancy, Maternity and Parenthood. The application of EU and national law in practice in 33 European countries (ca 20.000 words).

This publication was commissioned by the European Commission under the framework programme PROGRESS (Decision 1672/2006/EC of the European Parliament and the Council, OJ L 315/1 of 15.11.2006). For more information on PROGRESS see: http://ec.europa.eu/soc ial/main.jsp?catId=327&langId=en

The Leave Provisions

This chapter explores the leave provisions, namely continuous periods of leave — weeks or even months — granted to working parents and, more generally, to workers with caring responsibilities. Leave provisions represent the traditional cornerstone of reconciliation policies, especially when young children are involved. Indeed, as they are currently structured, these provisions are geared towards, and are mostly used by, parents of very young children. However, the various national employment law systems provide further examples of leave for other reasons such as compassionate leave or career breaks which can be used by employees with more general family responsibilities. At the time of writing, the EU has a well-developed system of leave available to (mainly biological) working parents, but very scarce provisions to cater for the needs of employees with wider family responsibilities.219 Indeed, as this book goes to press, the only binding provision which goes somewhat beyond addressing the need to care for young children is the form of emergency leave for ‘force majeure’ provided by the parental leave.220 Thus employees with wider family needs might find it more useful to rely on the time provisions.221

The Development of the Reconciliation Principle in EU Discourse

Neither the concept of reconciliation of work and family life nor family policies102 were contemplated by the original Treaty of the European Community. This is unsurprising in an economically oriented Treaty, the primary aim of which was to create a single market. The Treaty of Rome was market-making rather than market-correcting and it aimed to create an integrated labour market that functioned efficiently, rather than to correct its outcomes in line with political standards of social justice.103 Such an approach was reinforced by the European Court of Justice (ECJ) which was initially reluctant to deal with questions concerning the family, its organisation and the division of responsibility between parents.104 Accordingly, in this context, social goals were seen as merely side issues to achieving greater economic integration.105 Over the last two decades, however, the political and legal context has changed dramatically and in recent years there has been a substantive shift towards more social-based legislation. In particular, the Treaty of Amsterdam made it clear that equality is to be viewed as a proactive obligation within the EU.106 As a result of this process, reconciliation has gradually been included in the agenda. Its development, at least at an early stage, has been ancillary to the development of other issues rather than as a stand-alone concept.