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Women and men in an enlarged Europe

Malta, 1-3 April 2004

Corinthia San Gorg Hotel St. George's Bay - St. Julians

Backgrounds documents

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Session I: The Community Acquis in the area of equal treatment between women and men: achievements, challenges and perspectives

Round Table "Transposition and effective implementation of the acquis: a key element of gender equality policy" (2 April, morning)

Legislation is the driving force of gender equality in Europe and has helped to anchor gender equality as a key element of policy making in the Member States.

The principle of equal treatment has developed from an isolated provision on equal pay in the Treaty of Rome, to a very important and far reaching acquis in the area of equality– a feature that sets Europe to the fore internationally. Article 2 of the current EC Treaty recognises equality of women and men as a fundamental principle and one of the objectives and tasks of the Community. Moreover, under Article 3(2) a specific mission is conferred to the Community i.e. to mainstream equality between men and women in all its activities. The Amsterdam Treaty increased significantly the primary law and the European Union's ability to take action in the area of equal opportunities and equal treatment between women and men by giving to the Community legislator specific legal bases (articles 13, 137, 141). These Treaty developments constitute an explicit embodiment of the Court's statement that the elimination of discrimination based on sex forms part of fundamental rights1. The Court has stressed that Article 141 forms part of the social objectives of the Community, which is not merely an Economic Union but is at the same time intended, by common action, to ensure social progress and seek constant improvement of the living and working condition. The Court has concluded that the economic aim pursued by Article 141 of the Treaty is secondary to the social aim pursued by the same provision, which constitutes the expression of a fundamental right. The Charter of fundamental rights of the European Union signed in Nice the 7th December 2000 in Article 23, also recognises equality between men and women as a fundamental principle. Significant progress has already been also accomplished in terms of secondary legislation. The existing Directives have laid the legal ground for radical changes in national legislation, attitudes and practices, while the Court by its caselaw helped to clarify the concepts of equality. In addition to these legislative programs, Recommendations, Resolutions and Communications and the Community programs promote equality into broader areas of policy. So far the legislation has brought about new concepts in equality in the Member States with far reaching consequences, such as a prohibition of any direct discrimination, the

1 Judgment of 15 June 1978 in Case 149/77 Defrenne III, [1977] ECR 1365, para. 27.

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introduction of the concept of indirect discrimination that considerably enlarges the number of potential cases of sex discrimination, the application of the equal pay principle to occupational social security schemes, the reversal of the burden of proof or clear provisions on the remedies in case of discrimination, to give only a few examples. 1. Primary sources of gender equality acquis The Acquis Communautaire in the area of gender equality is primarily based on the EC Treaty, Directives and the caselaw of the European Court of Justice. • Legal basis for secondary legislation Art. 141 EC and Art. 137 EC serve as a legal basis for secondary legislation (Directives) for gender equality in the employment field, whereas Art.13 EC is a basis for Directives against discrimination outside employment. • The Decisions of the European Court of Justice shaping the gender equality acquis The acquis on gender equality has also considerably been shaped and clarified by a great number of judgements from the European Court of Justice whose task it is to ensure that in the interpretation and application of the Treaty (Art. 220 EC), the law is observed. The Court is one of the motors of integration besides the Commission, dynamically interpret-ing and thus developing naturally incomplete legal concepts of a relatively young Com-munity Law to a coherent system of law. The caselaw has been an essential complement to the EC legislation on equal treatment, providing Member States with interpretation of EC law, thus leading to legislative changes in the Member States. 2. Existing secondary legislation in gender equality Until now, 8 basic and 2 amending Directives in the field of gender equality have been adopted. • The first equal treatment Directive 75/117/EEC of 10 February 1975 on the approxi-

mation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 45, 19.2.1975) deals with equal pay for men and women and clarifies the scope of ex. Art.119 (Art.141 EC).

• The Directive 76/207/EEC of 9 February 1976 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 (OJ L 39, 14.2.1976), followed in 1976. These two Directives and ex. Art. 119 EEC (Art.141 EC) are forming the first and most fundamental acquis in the area of equal treatment of men and women.

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• To progressively implement the principle of equal treatment for men and women in matters of statutory social security, Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979) was adopted.

• Seven years later followed the Directive 86/378/EEC of 24 July 1986 on the imple-

mentation of the principle of equal treatment for men and women in occupational so-cial security schemes (OJ L 225, 12.8.1986), complementing the previous Directives. This Directive was amended in 1996 by Di-rective 96/97/EC of 20 December 1996 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ L 46, 17.2.1997) providing for the necessary adaptations to the Court's important Bar-ber2 judgement.

• In 1986, Directive 86/613/EEC of 11 December 1986 on the application of the princi-

ple of equal treatment between men and women engaged in an activity, including ag-riculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (OJ L 359, 19.12.1986) followed.

• In 1992, Directive 92/85/EEC of 19 October 1992 on the introduction of measures to

encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding was adopted (OJ L 348, 28.11.1992). While it addresses primarily the working conditions for pregnant or breast-feeding workers, it also includes a statutory right to paid maternity leave of at least 14 weeks.

• In 1996 the framework agreement on parental leave concluded by UNICE, CEEP and

the ETUC was adopted as Directive 96/34/EC (OJ L 145, 19.6.1996). The text in-cludes primarily a non-transferable leave for parents of at least 3 month, but payment for leave was left to the discretion of national governments.

• In 1997 Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of

discrimination based on sex was adopted (OJ L, 14, 20.1.1998). This Directive has laid down the ECJ’s judicature as a formal act of law. It is put clear that in cases of discrimination on grounds of sex the complainant only has to establish before a court or other competent authority, facts from which it may be presumed that there has been discrimination, while it is for the respondent to prove that there is no breach of the principle of equal treatment.

• In 2002 the equal treatment in employment Directive 76/207/EEC was substantially

amended by Directive 2002/73/EC of 23 September 2002 (OJ L 269, 5.10.2002). As the main new elements the Directive contains new definitions of indirect discrimina-tion, harassment and sexual harassment as forms of discrimination. Protection against victimisation and the right for associations to engage on behalf or in support of com-

2 ECJ 17.5.1990 –C-262/88 Barber, ECR 1990, I-1889 (1953).

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plainants in a judicial or administrative procedure are addressed. Bodies for the pro-motion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex (equality bodies) and their tasks are defined and an obligation for Member States to promote social dialogue with a view to fostering equal treatment has been established. Clear provisions on legal remedy and sanctions without prior upper limit are provided. The Directive will have to be transposed until 5 October 2005.

3. New legislative projects European Community Law is not static. For the sake of clarity and legal certainty the Court's fundamental judgements need to be incorporated, new developments in society have to be re-enacted. The Commission has responded by proposing a recasting of equal-ity Directives and by proposing a Directive on access to goods and services, based on Art. 13 EC, a basis for legislation going beyond employment. • Directive based on Art. 13 EC, implementing the principle of equal treatment

between men and women in access to and supply of goods and services (COM/2003/0657),

- A new step to establish gender equality outside employment -

In November 2003 the Commission adopted a proposal for a Directive based on Article 13 EC to ban discrimination based on sex in an area outside of the labour market for the first time. This is a focused proposal for law targeting the key area of goods and services The Directive will cover, for example: • Financial services: where women are often required to have a guarantor for a loan

while men do not; • Housing - where single parent families - mostly women - find it more difficult than

men to rent accommodation; • Insurance – most notably car insurance, life insurance and private pension annuities

and the health insurance sector. In this area, the Directive outlaws direct and indirect discrimination, harassment and sex-ual harassment. As with previous Directives, there is a requirement for real and effective compensation to be paid to the victim, and the burden of proof is placed on the respon-dent to a complaint once the victim has established certain facts. The proposal is presently under discussion in the Parliament and the Council. • Recasting

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The Commission is working on a simplification and modernisation of existing Commu-nity legislation by recasting 6 of the present directives on equal treatment. The new Directive will contribute to legal certainty and clarity by providing a coherent, easily accessible and more easily readable and well structured legal text. 4. Challenges for the future The transposition of the acquis into national legislation is a complex legally technical ex-ercise. Technically perfect transposition will however not automatically lead to an effec-tive implementation of gender equality in practical working life. Being two sides of the same coin, effective implementation depends on transposition but transposition has no value if not effectively implemented. Future efforts must concentrate on what will be necessary in practical terms to transform legal guarantees to reality, to make gender equality work. What is the role of lawyer's, national courts, civil society? What will NGOs effectively be able to contribute to the process? What role will the Equal Opportunities Bodies play? Is the necessary machinery in place to promote and monitor gender equality, is the public, are employers, employees and social partners sufficiently sensitized to assume their role as promoters of gender equality? We hope that this conference will in some way contribute to this aim of making gender equality work in practice.

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Session II : Gender mainstreaming in policies Round Table "Gender mainstreaming in the European Employment Strategy" (2 April afternoon)

In the last few years, Europe has witnessed a substantial change in the labour market. Women’s employment rate has steadily increased. It now stands at 56%, compared to less than 50% in the first half of 1990s and women have taken up 7 out 11 million jobs cre-ated in Europe over the period 1997-2002. The gap in unemployment rates between men and women is dropping. Once the enlargement of the EU takes place in May 2004, the employment gap between men and women throughout the EU will be reduced, although this will be due to a lower male employment rate in acceding countries as compared to current Member States. The gender pay gap is still as high as 16% in the EU, but it has become a higher profile issue in Member States in recent years, as well as policies to rec-oncile work and family life. The European Employment Strategy (EES) has given an important contribution to these changes. The European Employment Strategy and the Open Method of Coordination The Strategy was launched by the Luxembourg European Council of November 1997. Following a proposal from the Commission, the European Council agrees every year on a series of guidelines setting out common priorities for Member States' employment poli-cies. Member States draw up an annual National Action Plan, which describes how these Guidelines are put into practice nationally. The Commission and the Council jointly ex-amine each National Action Plan and present a Joint Employment Report and the Council may decide to issue country-specific Recommendations upon a proposal by the Commis-sion. The promotion of gender equality is an explicit component of this Strategy. Gender equality in the European Employment Strategy The European Employment strategy has adopted a dual approach to gender equality: spe-cific actions, favoured through the existence of a specific pillar on gender equality; and gender mainstreaming throughout the other three pillars and horizontal objectives. Since the beginning of the Strategy, Member States have made considerable efforts to strengthen equal opportunities policy in the employment field. These efforts include ac-tions to increase the employment rate of women, to decrease women's unemployment rate, to tackle the segregation of the labour market and to close the gender pay gap. In-creased attention has been given to policy helping women and men to reconcile work and family life and to reintegrate women and men returning to the labour market after an ab-

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sence. Moreover, there has been a reinforced commitment to integrate the gender equality objective in all employment policies. It is important to mention that the guidelines on strengthening equal opportunities poli-cies for women and men did not only address Member States, but also aimed at involving social partners to reduce the gender gaps. As from 2000, the Council addressed recommendations to individual Member States. A very significant proportion of the recommendations focussed on strengthening equal op-portunities policy. Many of them concerned the gender mainstreaming approach in gen-eral or more specifically reviewing the tax and benefit systems which are a barrier to the employment of women. Most recommendations aimed at the development of a compre-hensive strategy to tackle gender gaps in employment and unemployment and assessment and the narrowing of the gender pay gap. They also focussed on the reconciliation of work and family life, in particular to improve care facilities for children. The Lisbon and the Barcelona Councils An important boost to this process has also been given by the Lisbon Council who fixed a target for the European Union to achieve at least 60% female employment rate and 70% of the overall employment rate by 2010; and by the Barcelona Council, where EU Heads of States and Government have set a concrete target for childcare supply: 90% of children between three years old and the mandatory school age and at least 33% of children under three years of age by 2010. The European Employment Strategy in Candidate Countries In view of the enlargement in May 2004, Candidate Countries have also been associated in this process. They were asked to define employment policies to prepare them for membership of the Union and progressively adjust institutions and policies to the Euro-pean Employment Strategy. To this end, the Commission initiated in 1999 a co-operation process on employment with these countries. In a first step, candidate countries and the Commission analysed the key challenges for employment policies in "Joint Assessments Papers" ("JAPs"). The work was started with background studies funded by the Commis-sion in co-operation with the European Training Foundation. Most candidate countries consulted extensively on the draft Joint Assessment Papers, including the Finance and Education Ministries and the social partners, which helped to establish policy coherence. These documents were signed by the Commissioner for Employment and by the Minis-ters of Labour. The first JAPs were signed with the Czech Republic, Slovenia, Poland and Estonia in 2000 and early 2001, followed by Malta, Hungary, Slovakia, Cyprus and Lithuania in late 2001/early 2002 and by Romania, Bulgaria and Latvia in Autumn 2002. The candidate countries and the Commission monitored the implementation of the JAP commitments during 2002 and 2003.

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Although gender equality is an integral part of the EES and it is already taken into ac-count in the JAPs, the participation in the NAPs process will represent a challenge for future Member States, requiring an increased effort to mainstream gender issues into all employment policies. Gender equality and gender mainstreaming in the new European Employment Strategy: the challenges in an enlarged Union Despite the above mentioned positive developments in the labour market, huge inequali-ties between women and men still remain in current and future member States in terms of employment rates, career advancement, pay and sectors of occupation. Moreover, gender equality policies, especially the ones addressed to reconcile work and family life, through childcare, flexible work arrangements, part-time, are still perceived as benefiting only women and only marginally men. The way forward for the new European Employment Strategy launched in 2003 is raising employment rates, promoting an inclusive market and improving quality at work. These objectives, which are interrelated, all plead for better reconciliation between work and family life. The new Guidelines reconfirm the dual approach on gender equality. They ask Member States to implement policies to increase women's active participation in the labour market and to reduce gender gaps, in employment, unemployment, and pay and reaffirms the fundamental role that social partners have in promoting equality and eliminating inequal-ity between women and men. They also ask Member States to set quantified targets in all fields. A central role is given to policies of reconciliation between work and family life, espe-cially through the provision of services for children and other dependants. Offering af-fordable, accessible and quality care services remains the main tool to open up access to paid employment and thus alleviates the risk of poverty. The supply of care for children and other dependants should be carefully designed to allow women to take-up a job, re-main on the labour market and in that way build-up their own future, while actively con-tributing to the social system. To be effective, policies to reconcile work and family life should be addressed not only to women, but also and especially to men. Women's active participation in the labour market and the elimination of gender gaps in all spheres of life are pivotal and key factors for the Union to achieve full employment, social cohesion, long-term economic growth, and sustainable development in a knowl-edge-based society. These are the challenges for the enlarged Union.

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More information: http://europa.eu.int/comm/employment_social/index_en.html http://europa.eu.int/comm/employment_social/equ_opp/index_en.htm http://europa.eu.int/comm/employment_social/employment_strategy/index_en.htm http://europa.eu.int/comm/employment_social/employment_strategy/enlargement_en.htm

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Session II : Gender mainstreaming in policies

Round Table on "Gender mainstreaming in social protection and social inclusion" (2 April afternoon)

On the Commission's proposal, the European Council decided in December 1999 to inten-sify policy exchanges on the following four core topics:

• to make work pay and provide a secure income; • to make pensions safe and pension systems sustainable; • to promote social inclusion and • to ensure high quality and sustainable health care.

In March 2000 the Lisbon Council shaped the Member States' policy exchanges in setting out the open method of coordination (OMC). It is designed to help Member States to pro-gressively develop their own policies and involves:

• fixing EU common objectives combined with timetables for achieving the set goals;

• establishing, where appropriate, quantitative and qualitative indicators and benchmarks tailored to the needs of the different Member States and sectors as a means of comparing best practice;

• translating the EU guidelines into National Action Plans with national targets where relevant;

• monitoring, evaluation and peer review organised as mutual learning processes. Till now two OMC have been launched for social inclusion and pensions respectively in which a gender dimension has been included and is progressively waved into each step of the two processes.

In the Social Inclusion Process, common objectives have been set by the Council in De-cember 2000 to combat poverty and social exclusion (see attachment 1and Commission website3). On this basis, Member States establish every two years national action plans. Member States are invited to "underline the importance of mainstreaming equality be-tween men and women in all actions aimed at achieving those objectives by taking into account the gender perspective in the identification of challenges, the design, imple-mentation and assessment of policies and measures, the selection of indicators and tar-gets and the involvement of stakeholders".

3 http://europa.eu.int/comm/employment_social/soc-prot/soc-incl/index_en.htm

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Two sets of NAPs have already been established, the first ones in 2001 and the second ones in 2003. The Commission assessed the extent to which gender has been mainstream-ing in the national reports.4 In 2003, the 10 acceding countries prepared for their participation into the Social Inclu-sion Process by drawing Joint Memoranda on social inclusion5 which have been jointly signed with the Commission. They include a first approach of the gender dimension of poverty and exclusion, including statistics desaggregated by sex when available. This is summarized in the Commission synthesis report of March 2004. The gender dimension should be developed further in the National Action Plans of the new Member States foreseen for the end of 2004. Concerning pensions, a set of common objectives to ensure adequate and sustainable pensions have been adopted by the Council in December 2001. One of the objectives in-vites the Member States to "review pension provisions with a view to ensuring the prin-ciple of equal treatment between women and men". The first national reports were estab-lished in i2002 and assessed by the Commission.6 A second round of National Strategy Reports will be called for in 2005, involving this time the 25 Member States.

More recently the Commission started working with the Member States in the area of "making work pay", the fourth core topic set by the Council in 1999. The Commission adopted early 2004 a Communication on modernising social protection for more and bet-ter jobs for men and women. It underlines the strong interaction with the European Em-ployment Strategy and the Social Inclusion Process. It identifies obstacles to move from benefits to paid employment, and in particular for women as spouses, and displays na-tional policy responses. A particular attention is also given to ways and means to recon-cile work and family life for women and men and supporting working parents. This cov-ers various means such as parental leaves, maternity and paternity leaves, working time provisions, support to care services for children and other dependants. A preliminary overview of the situation in acceding countries is also presented.7

Finally, there has also been a reflection regarding how open coordination for social pro-tection and social inclusion more generally should proceed in the future, taking into ac-count the 4 core topics set by the Council in 1999 (social inclusion, pensions, heath care and making work pay). The aim is to create, after 2006, a more integrated reporting struc-ture and to generate more strategic policy messages capable of being taken up in the overall follow-up of the Lisbon strategy. The gender dimension will continue to be de-veloped in the new reporting structures.

4 COM( 2001) 565 final and COM ( 2003) 773 final 5 http://europa.eu.int/comm/employment_social/soc-prot/soc-incl/jim_en.html 6 COM (2002) 737 final 7 COM(2004)842 final

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Session III: Financial instruments and gender mainstreaming Round Table " Gender Mainstreaming in the Structural Funds " (3 April, Morning)

At the European Union level, there are several financial tools to implement gender equal-ity and gender mainstreaming. Programme on Gender Equality

On June 2002, the Commission approves a Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions "To-wards a Community Framework Strategy on Gender Equality (2001-2005)"8. This Framework Strategy embraces all Community policies and actions which aim at eliminat-ing inequalities between men and women and at achieving gender equality. It operates in five fields, economic life, equal participation and representation, equal access and full enjoyment of social rights, in civil life and gender roles and stereotypes.

One of the instruments for the implementation of the Framework Strategy is the Pro-gramme on Gender Equality 2001-20059, which co-ordinates, supports and finances the implementation of horizontal activities under the five above-mentioned fields. A budget of EUR 50 million is allocated to the Programme for the period 2001-2005.

The Programme objectives are the following:

(a) to promote and disseminate the values and practices underlying gender equality;

(b) to improve the understanding of issues related to gender equality, including direct and indirect gender discrimination and multiple discrimination against women, by evaluating the effectiveness of policies and practice through prior analysis, monitoring their imple-mentation and assessing their effects;

(c) to develop the capacity of players to promote gender equality effectively, in particular through support for the exchange of information and good practice and networking at Community level.

Accordingly, the type of actions to be supported by the Programme are structured in 3 strands (strand 1: awareness raising; strand 2: Analyse and evaluation, and strand 3: strengthening capacities) corresponding to each of these objectives. The method of pre-senting applications for support is normally in response to calls for proposals (open or restricted) or to calls for tenders.

8 COM(2000) 335 final, of 7.6.2000. 9 Council Decision of 20 December 2000 (2001/51/EC).

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The actions under the Programme will be implemented within a transnational frame-work and act in complementarity with other EU instruments, without substituting them.

Under the conditions set out in the Programme, its access is open to all public and/or pri-vate bodies and institutions involved in promoting gender equality, and notably to: (a) Member States, (b) local and regional authorities, (c) bodies promoting gender equality, (d) the social partners, (e) non-governmental organisations, (f) universities and research institutes, (g) national statistical offices, (h) the media.. The Programme is also open to the participation of EFTA and candidate countries in accordance with some conditions.

The Commission is assisted by a specific Committee for the implementation of the Pro-gramme.

Gender equality and gender mainstreaming in the Structural Funds The four European Structural Funds (ESF, ERDF, EAGGF, FIFG) aim to achieve eco-nomic and social cohesion in the European Union. Resources are targeted at actions in order to bridge gaps between the more and the less developed regions and promote equal opportunities between different socio-economic groups. The concept of equal opportuni-ties for women and men was introduced as an essential element into the Community's economic and social cohesion policy in 1994, and has been a priority objective of the Structural Funds since then. The implementation of gender equality in the 1994-99 programming period During the 1994-99 programming period, community intervention involved a mixture of direct assistance for women and indirect support contributing to promote gender equality. Support tended to focus on training for women (basic, vocational, and continuing train-ing). However, other measures included: training of instructors, apprenticeships, em-ployment aids and recruitment grants for enterprises, counselling and guidance, advisory and placement services, support to start up enterprises, assistance in the provision of care facilities, support of infrastructure (e.g. public transport), awareness-raising, information and publicity. Support came traditionally from the ESF, even though the other Structural Funds provided resources to fund, for instance, typical programmes for rural women and childcare infrastructure.

Evaluation results suggested that Structural Fund support had played an important cata-lyst role in raising the profile of gender equality in policy initiatives. However, a number of concerns remained. Evidence suggested that women continued to be over-represented in social and cultural training measures and under-represented in technical training. They tended to be under-represented in work-placement and profes-sional experience initiatives and in initiatives which directly involved employers. In addi-

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tion, the proportion of women involved in ESF programmes was lower than their share of unemployment. Further results suggested that specific groups of women achieved fewer positive outcomes (e.g. women returners, women with no or low qualifications, women with a disability), and measures to reconcile family and professional life have often been underused. More positively, there was some evidence that the share of women in enterprise support measures increased and that, post-ESF, more women than men achieved self-employment. Turning to equal opportunities in its widest sense, previous ESF pro-grammes had a specific focus on the needs of particular groups. Gender equality and gender mainstreaming in the programming period 2000-2006: changes and challenges The new regulatory framework and the European Employment Strategy have helped raise the profile of gender equality in the new Structural Funds programming period 2000-2006. The new Community Support Frameworks and Single Programming Documents are developing a more comprehensive equality strategy than in the past, based on the dual approach of gender mainstreaming and specific actions, in compliance with the Treaty of Amsterdam. The General Structural Funds Regulation sets gender equality as a key objective and pro-vides that the gender equality dimension must be incorporated into operations co-financed by the Funds. Therefore, gender mainstreaming should be a principle in all fields of Structural Funds interventions or priorities, such as enterprise, human resources, transport, infrastructure, research and technology. All plans and programmes should be based on data broken down by sex and gender equality indicators. Moreover, according to the regulation concerning European Social Fund, the fund shall support both specific measures to improve women's access to and participation in the la-bour market, as well as, take equal opportunities for women and men into account within all policy fields as part of the mainstreaming approach. Although many programmes demonstrate a more in-depth analysis of socio-economic inequalities between women and men than in the past, this has not always been followed up with quantified targets for greater equality. Proposed support for women covers the whole spectrum of labour market activities. Many emphasise specific measures designed to develop and support childcare strategies, greater flexibility in delivery arrangements for education and training, and specific target-ing of activities for women (e.g. business start-ups). Mainstream ESF no longer works through a target group approach. Virtually all Member States propose to adopt a two-pronged approach to equal opportuni-ties between men and women within the programmes. These set specific measures to support gender equality alongside a wider commitment to mainstream equal opportunities across all actions and programme priorities. It is difficult to put a figure on the overall investment in gender equality. Specific actions to promote gender equality supported un-

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der ESF will provide nearly 4B€ between 2000-2006. The inclusion of funds supporting mainstreaming actions would boost this figure significantly. The support of EQUAL In the EQUAL Programme the equal participation of women and men in the labour mar-ket must also be ensured. The first round of EQUAL Development partnerships is in the implementation and main-streaming phase. The second round will be launched in spring 2004, while the Develop-ment Partnerships will be operational in the beginning of 2005 at the latest. In order to mainstream the innovations and good practices developed by EQUAL Devel-opment Partnerships (DPs), the Commission is organising in close co-operation with the Member States thematic networks both at European and at national level. The thematic networks at European level are organised under five themes: employability, entrepreneur-ship, adaptability, equal opportunities and asylum seekers. The specific architecture of EQUAL involving five transversal principles clearly supports the objective of the European Thematic Group on Equal Opportunities (ETG 4), namely the development of a "European Model of Comprehensive Approaches to Equal Oppor-tunities in a territorial context”.

1. The Partnership Approach requires EQUAL Development Partnerships (DPs) to forge a coalition of committed and competent partners which cooperate to de-velop solutions to the multi-dimensional problems of discrimination and social exclusion. In the case of Equal opportunities for women and men, but also of Transnational Partnerships (TPs) involving Equal Opportunities, this requirement often leads to linking organisations specialising in gender equality issues to key players that are in a position to mainstream relevant EQUAL achievements. In their work, the DPs often combine the two core challenges to achieving gender equality: reconciliation of working and family life and tackling gender gaps and desegregation on the labour market.

2. Empowerment strategies of Development Partnerships on equal opportunities for women and men targeted at both participating organisations and final beneficiar-ies are always related to gender equality. That entails the creation of mechanisms to enable the active participation of both groupings in the design and decision-making of their projects, but also a special focus on the empowerment of final beneficiaries as individuals and as groups suffering from discrimination and social exclusion.

3. The different track records of Member States concerning care for children and other dependants and gender gaps on the labour market are stimulating trasna-tional cooperation and creating a competitive edge for governments and other key players at all levels.

4. Innovation in Development Partnerships on equal opportunities for women and men lies often not in the specific approaches to Reconciliation and Desegregation per se, but in the interlinking synergies between the two themes and their potential to make gender equality a reality for women and men. The added value is in many cases triggered by their partnership and territorial dimension, be it in the form of

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broad-based local coalitions or as specific equal opportunities contributions to lo-cal development.

5. Mainstreaming is ensured by the mix of partners, but also through the selected problems and challenges to be addressed. Those are in most cases closely related to national policy priorities and to the relevant Guidelines of the European Em-ployment Strategy. The strategic involvement of relevant political decision-makers and public authorities opens promising perspectives to integrate EQUAL outcomes into regular provisions which are crucial to equal opportunities.

Recommendations on gender mainstreaming in the structural funds In 2002 the Commission adopted the communication "Implementation of gender main-streaming in the Structural Funds programming documents 2000-2006"10. The Communication gives an overview of the extent to which the gender dimension has been taken into account in the Structural Funds programming 2000 – 2006. It also gives examples of good practice, and identifies areas where the progress is slow, formulating recommendations to tackle the obstacles in the implementation of the gender equality principle in the Structural Funds. One of the findings of the Communication is that Gen-der equality is still concentrated in employment and human resources and funded mainly by the European Social Fund, while for the other Structural Funds, positive examples are rarely visible and the implementation is difficult. The Communication issues the following recommendations:

• Specific measures aimed at the under-represented sex are essential and need to be visible. Example: to assign, from the outset, additional points in the selection cri-teria to those projects which contribute to gender equality

• Member States should clearly identify the funding allocated to specific gender equality actions and those programs and projects which contribute to gender equality (gender mainstreaming). Member States should report on these figures with clear indicators as part of the mid-term review of the Structural Funds as of 2003

• Gender mainstreaming requires specific expertise. Member States are requested to encourage, the use of gender equality expertise, and to ensure the presence of rep-resentatives of equality bodies in the Monitoring Committees; and to establish awareness-raising measures and training in gender mainstreaming for Managing Authorities, Monitoring Committees and other relevant actors

• Member States are urged to ensure, notably through their Managing Authorities, that sex-disaggregated statistics and gender impact assessment become an inher-ent component of Structural Funds interventions, including in "non-traditional" gender equality domains such as infrastructure, transport or environment.

• Each Member State is invited to appoint a high-level representative to coordinate the national strategy for gender equality, to contribute to the co-ordination of the EU strategy, and to participate in a high level group to support the implementation of gender mainstreaming in Structural Funds interventions.

10 COM(2002) 748 final – 20/12/2002

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Gender equality in the next programming period: some considerations Considering the current situation and the need for a long-term strategy to close the gender gaps, the Communication also recommends that:

• the allocation of funding for gender equality activities must be retained and even increased in most programs

• equality between women and men must remain a priority with the dual approach – gender mainstreaming and specific actions

• Future interventions should focus on preventing the exclusion of women from ICT and R&D, through training and promotion of female entrepreneurship in non-traditional areas

• The Structural Funds should play an important role in combating the potential risks faced by women in new Member States

The High Level Group on gender mainstreaming in the structural funds The High Level group on gender mainstreaming in the structural funds, managed by DG Regio will represent an important forum for discussion on the subject. This group should act as a network of high level representatives responsible for gender mainstreaming in the structural funds at national level in the Member States. In order to have genuine main-streaming, the Commission asked Member States to appoint people whose position is high up in the management of the Structural Funds and who are likely to be able to raise awareness among those responsible for operations involving gender equality. This network should be active to build stronger links of partnership, share best practices and consult on cutting edge issues.. The inaugural meeting will be held in June in Brussels. For more information: http://europa.eu.int/comm/employment_social/index_en.html http://europa.eu.int/comm/employment_social/equ_opp/information_en.html#sf http://europa.eu.int/comm/employment_social/equal/index_en.html http://europa.eu.int/comm/regional_policy/index_en.htm http://europa.eu.int/comm/agriculture/index_en.htm

http://europa.eu.int/comm/fisheries/policy_en.h

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ANNEX I

COMMON OBJECTIVES IN THE FIGHT AGAINST POVERTY

AND SOCIAL EXCLUSION - 2003 EXTRACT – Introductory note – 1. Political guidelines laid down by the European Council 2. Multi-dimensional approach

3. Arrangements for implementation

Articles 2 and 3 of the Treaty respectively give to the Community the task of promoting equality between men and women and of ensuring that all its activities aim to eliminate inequalities and promote equality between men and women. It is therefore necessary to ensure that a concern for gender equality is mainstreamed in all action to be taken to achieve the stated objectives, in particular by assessing the implications for both men and women at the different stages of the planning of, decision-making on and monitor-ing of that action. …..

4. Continuing Implementation of the Lisbon European Council's conclusions

The objectives set at the European Council of Nice have proved robust and viable. The priority now is to build on and consolidate the progress that has been made with a view to further increasing efforts to advance the process launched by the Lisbon European Coun-cil. In the light of this, the Council, having regard to the guidelines defined by the Lisbon and Feira European Councils and taking account of the conclusions of the European Councils of Laeken and Barcelona, proposes to the Copenhagen European Council that the common objectives and implementation arrangements endorsed at the European Council of Nice should be confirmed with the addition of amendments which emphasise the importance of setting targets, the need to strengthen the gender perspective in national action plans and the risks of poverty and social exclusion faced by immigrants. Thus the Council proposes to the Copenhagen European Council:

� the following objectives, detailed in the annex hereto:

– to facilitate participation in employment and access by all to the resources,

rights, goods and services; – to prevent the risks of exclusion; – to help the most vulnerable; – to mobilise all relevant bodies;

� the following arrangements to pursue these objectives:

The Member States,

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will continue to pursue the objectives of fighting social exclusion and poverty; will underline the importance of mainstreaming equality between men and women in all actions aimed at achieving those objectives by taking into account the gender perspective in the identification of challenges, the design, implementation and as-sessment of policies and measures, the selection of indicators and targets and the involvement of stakeholders; are invited to develop their priorities within the framework of those overall objectives and to present a second national action plan by July 2003 covering a period of two years; are invited to set targets in their National Action Plans for significantly reducing the number of people at risk of poverty and social exclusion by 2010 and in doing this to draw, as appropriate, on the commonly agreed indicators endorsed at the Laeken European Council; in order to make it possible to monitor the policies set out here, are also invited to develop, at national level, indicators and monitoring mechanisms capable of measur-ing progress in regard to each of the objectives elaborated in their national action plans. The Commission, with a view to a joint report, is invited to present, on the basis of the national action plans to be prepared by the Member States, a summary report identifying good prac-tice and innovative approaches of common interest to the Member States. The Member States and the Commission are invited to work together in the context of the Social Protection Committee to prepare a Joint Report on Social Inclusion for submission to the Spring Council of 2004; are invited to continue to cooperate at European level in order to bring about a better understanding of the problem of exclusion, to promote exchanges of good practice, including on targets and indicators, and to seek to further develop common ap-proaches and compatibility in regard to these issues. The Action Programme adopted by the European Parliament and the Council will continue to support that coopera-tion.

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COMMON OBJECTIVES IN THE FIGHT AGAINST POVERTY AND SOCIAL EXCLUSION

1. To facilitate participation in employment and access by all to resources, rights,

goods and services 1.1. Facilitating participation in employment In the context of the European employment strategy, and the implementation of the guidelines in particular: (a) To promote access to stable and quality employment for all women and men who are ca-

pable of working, in particular: – by putting in place, for those in the most vulnerable groups in society, pathways to-

wards employment and by mobilising training policies to that end;

– by developing policies to promote the reconciliation of work and family life, includ-ing the issue of child- and dependent care;

– by using the opportunities for integration and employment provided by the social

economy. (b) To prevent the exclusion of people from the world of work by improving employability,

through human resource management, organisation of work and life-long learning. 1.2. Facilitating access to resources, rights, goods and services for all (a) To organise social protection systems in such a way that they help, in particular, to:

– guarantee that everyone has the resources necessary to live in accordance with human dignity;

– overcome obstacles to employment by ensuring that the take-up of employment re-

sults in increased income and by promoting employability. (b) To implement policies which aim to provide access for all to decent and sanitary housing,

as well as the basic services necessary to live normally having regard to local circum-stances (electricity, water, heating etc.).

(c) To put in place policies which aim to provide access for all to healthcare appropriate to

their situation, including situations of dependency. (d) To develop, for the benefit of people at risk of exclusion, services and accompanying

measures which will allow them effective access to education, justice and other public and private services, such as culture, sport and leisure.

2. To prevent the risks of exclusion

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(a) To exploit fully the potential of the knowledge-based society and of new information and communication technologies and ensure that no-one is excluded, taking particular ac-count of the needs of people with disabilities.

(b) To put in place policies which seek to prevent life crises which can lead to situations of

social exclusion, such as indebtedness, exclusion from school and becoming homeless. (c) To implement action to preserve family solidarity in all its forms. 3. To help the most vulnerable (a) To promote the social integration of women and men at risk of facing persistent poverty,

for example because they have a disability or belong to a group experiencing particular integration problems such as those affecting immigrants.

(b) To move towards the elimination of social exclusion among children and give them every

opportunity for social integration. (c) To develop comprehensive actions in favour of areas marked by exclusion. These objectives may be pursued by incorporating them in all the other objectives and/or through specific policies or actions. 4. To mobilise all relevant bodies (a) To promote, according to national practice, the participation and self-expression of peo-

ple suffering exclusion, in particular in regard to their situation and the policies and measures affecting them.

(b) To mainstream the fight against exclusion into overall policy, in particular:

– by mobilising the public authorities at national, regional and local level, according to

their respective areas of competence;

– by developing appropriate coordination procedures and structures;

– by adapting administrative and social services to the needs of people suffering exclu-sion and ensuring that front-line staff are sensitive to these needs.

(c) To promote dialogue and partnership between all relevant bodies, public and private, for

example:

– by involving the social partners, NGOs and social service providers, according to their respective areas of competence, in the fight against the various forms of exclu-sion;

– by encouraging the social responsibility and active engagement of all citizens in the fight against social exclusion;

– by fostering the social responsibility of business.

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ANNEX II

BROAD COMMON OBJECTIVES AND WORKING METHODS IN THE AREA OF PENSIONS

EXTRACT – Dec 2001 In full respect of the principle of subsidiarity and of Member States competence to define national pension policies, the Council proposes to the Laeken European Council that the open method of coordination should be used in the area of pensions to help Member States progressively develop their own policies so as to safeguard the adequacy of pen-sions whilst maintaining their financial sustainability and facing the challenge of chang-ing social needs. In this respect, Member States should ensure that pension systems sup-port broad social and economic goals, including greater social cohesion and integrated labour and capital markets. Within this framework the following broad common objec-tives are recognised. • Adequacy of pensions. Member States should safeguard the capacity of pension systems to meet their social objectives. To this end against the background of their specific national circum-stances they should:

1. Ensure that older people are not placed at risk of poverty and can enjoy a decent standard of living; that they share in the economic well-being of their country and can accordingly participate actively in public, social and cultural life11; and

2. Provide access for all individuals to appropriate pension arrangements, public and/or private, which allow them to earn pension entitlements enabling them to main-tain, to a reasonable degree, their living standard after retirement.

3. Promote solidarity within and between generations.

• Financial sustainability of pension systems

Member States should follow a multi-faceted strategy to place pension systems on a sound financial footing, including a suitable combination of policies to :

4. Achieve a high level of employment through, where necessary, comprehensive labour market reforms, as provided by the European Employment Strategy and in a way con-sistent with the BEPG.

5. Ensure that, alongside labour market and economic policies, all relevant branches of social protection, in particular pension systems, offer effective incentives for the par-ticipation of older workers; that workers are not encouraged to take up early retire-ment and are not penalised for staying in the labour market beyond the standard re-tirement age; and that pension systems facilitate the option of gradual retirement.

11 In this respect, benefits and tax advantages other than pensions should also be taken into account where appropriate.

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6. Reform pension systems in appropriate ways taking into account the overall objec-tive of maintaining the sustainability of public finances. At the same time sustainabil-ity of pension systems needs to be accompanied by sound fiscal policies, including, where necessary, a reduction of debt12. Strategies adopted to meet this objective may also include setting up dedicated pension reserve funds.

7. Ensure that pension provisions and reforms maintain a fair balance between the ac-tive and the retired by not overburdening the former and by maintaining adequate pensions for the latter.

8. Ensure, through appropriate regulatory frameworks and through sound management, that private and public funded pension schemes can provide pensions with the re-quired efficiency, affordability, portability and security.

• Modernisation of pension systems in response to changing needs of the economy, society and individuals.

9. Ensure that pension systems are compatible with the requirements of flexibility and security on the labour market; that, without prejudice to the coherence of Member States' tax systems, labour market mobility within Member States and across borders and non-standard employment forms do not penalise people's pension entitlements and that self-employment is not discouraged by pension systems.

10. Review pension provisions with a view to ensuring the principle of equal treatment between women and men, taking into account obligations under EU law.

11. Make pension systems more transparent and adaptable to changing circumstances, so that citizens can continue to have confidence in them. Develop reliable and easy-to-understand information on the long-term perspectives of pension systems, notably with regard to the likely evolution of benefit levels and contribution rates. Promote the broadest possible consensus regarding pension policies and reforms. Improve the methodological basis for efficient monitoring of pension reforms and policies.

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12 Member States strategies to ensure sound and sustainable public finances are reported and assessed in the framework of the BEPG and the Stabililty and Growth Pact and should be in accordance with these.