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European Equality Law Review ISSN 2443-9606 European equality law review European network of legal experts in gender equality and non-discrimination 2015/1 IN THIS ISSUE ■ Equality and non-discrimination rights within the framework of the European Social Charter ■ Gender-based actuarial factors ■ Religion and belief discrimination in employment under the Employment Equality Directive: a comparative analysis ■ Domestic work in the Netherlands: a job like no other Justice and Consumers EUROPEAN COMMISSION European equality law review Issue 1 / 2015 Directorate-General for Justice and Consumers 2015 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE This document has been prepared for the European Commission however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2015 Print ISBN 978-92-79-50200-2 ISSN 2443-9592 doi:10.2838/876516 DS-AY-15-001-EN-C PDF ISBN 978-92-79-50201-9 ISSN 2443-9606 doi:10.2838/606034 DS-AY-15-001-EN-N © European Union, 2015 Printed in the Netherlands Printed on elemental chlorine-free bleached paper (ECF) Contents General introduction on the state of play v Members of the European network of legal experts in gender equality and non-discrimination viii Equality and non-discrimination rights within the framework of the European Social Charter 1 Colm O’Cinneide Gender based actuarial factors and EU gender equality law 14 Jean Jacqmain and Nathalie Wuiame Religion and belief discrimination in employment under the Employment Equality Directive: a comparative analysis 25 Lucy Vickers Domestic work in the Netherlands: a job like no other 37 Leontine Bijleveld European case law update Court of Justice of the European Union 54 European Court of Human Rights 65 Key developments at national level in legislation, case law and policy Austria 74 Belgium 76 Bulgaria 80 Croatia 81 Cyprus 83 Czech Republic 90 Denmark 91 Estonia 96 Finland 97 Former Yugoslav Republic of Macedonia 100 France 103 Germany 108 Greece 110 Hungary 115 Iceland 119 Ireland 120 Italy 121 Latvia 126 Liechtenstein 128 Lithuania 129 Luxembourg 131 Malta 131 The Netherlands 132 Norway 136 iii EUROPEAN EQUALITY LAW REVIEW – Issue 1 / 2015 Poland 138 Portugal 140 Romania 141 Slovenia 147 Spain 148 Sweden 150 Turkey 152 United Kingdom 154 iv General introduction on the state of play Until December 2014, two European networks, the European network of legal experts in the non- discrimination field (managed by the Migration Policy Group and Human European Consultancy)1 and the European network of legal experts in the field of gender equality (managed by Utrecht University)2 were providing the European Commission’s Directorate-General Justice with updated information assessing the situation regarding anti-discrimination and gender equality in 33 countries. The two networks have been monitoring the transposition and implementation of relevant directives on the national level and delivered experts’ assessments and analysis on specific cases and situations. Both networks have been intensively publishing country reports, thematic reports, comparative analyses and law reviews. They also jointly organised an annual legal seminar. In December 2014, the two networks’ contracts expired and following a successful call for tender put together by the three organisations mentioned above, a new single ‘Network of legal experts in gender equality and non-discrimination’ has been formed unifying the two former networks. This new network is comprised of one national expert on gender equality and one expert on non-discrimination for each of the 35 countries included in the call for tender.3 The names and contact details of the national experts can be found on page viii. The new European network of legal experts in gender equality and non-discrimination continues to provide the European Commission with updated information on the transposition and implementation process of relevant directives, experts’ assessment and analysis and publishing annual country reports, thematic reports, comparative analyses, flash reports and the European equality law review. In 2015 four thematic reports will be published regarding issues such as the reconciliation of work, private and family life; legal implications of EU accession to the Istanbul Convention regarding violence against women and domestic violence; employment and reasonable accommodation law; and disability law outside employment with particular regard to reasonable accommodation. A legal seminar will also take place in Brussels on 24 November 2015. This issue is therefore the first one of the European equality law review and provides an overview of the latest developments in gender equality and anti-discrimination law and policy, reflecting, as far as possible, the state of affairs for the period July - December 2014. It includes information relating to European case law developments (European Court of Justice, European Court of Human Rights) as well as the most recent developments in legislation, policy and case law on the national level.4 The European equality law review also includes four in-depth analytical articles. The first article authored by Colm O’Cinneide deals with equality and non-discrimination rights within the framework of the European Social Charter. In the second article Jean Jacqmain and Nathalie Wuiame explore gender-based actuarial factors. Lucy Vickers in the third one examines religion and belief discrimination in employment under 1 All publications and reports from the European Network of legal experts in the non-discrimination field can be found atwww.equalitylaw.eu . 2 All publications and reports from the European network of legal experts in the field of gender equality can be found at: http://ec.europa.eu/justice/gender-equality/document/index_ en.htm#h2-9). 3 Contract No. JUST/2014/RDIS/PR/EQUA/0039, Directorate-General Justice and Consumers. The countries involved in the Network are the 28 EU Member States, the EFTA countries (Iceland, Liechtenstein and Norway in addition to the 28 EU Member States) and candidate countries (the Former Yugoslav. Republic of Macedonia, Montenegro, Serbia and Turkey). 4 On the basis of information provided by the national experts, Alexandra Timmer and Alice Welland from Utrecht University drafted the sections regarding gender equality and Isabelle Chopin and Catharina Germaine from the Migration Policy Group drafted those regarding anti-discrimination. The final compilation was done by the Migration Policy Group. v EUrOPEAN EqUALITy law rEVIEW – Issue 1 the Employment Equality Directive with a particular focus on case law in France, Germany and the United Kingdom and on the European level. Finally Leontine Bijleveld in the last article looks at the situation of domestic workers, with a particular focus on the Netherlands. In 2014 a new Commission has been formed, and while the monitoring of the gender equality directives and of the racial Equality Directive remain with DG Justice (Unit D Equal Treatment legislation), that of the Employment Equality Directive now falls under DG Employment, Social Affairs and Inclusion (Unit D4 – rights of persons with disabilities). The new Commission’s work programme for the coming years has been published and adopted on 17 December 2014 and is available at http://ec.europa.eu/priorities/ work-programme/index_en.htm. The Commission will continue the EU accession to the European Convention on Human Rights, and also reiterates its commitment to equality of opportunity for people with disabilities in full respect of the UN Convention on the Rights of Persons with Disabilities. The Commission commits itself to continuing to promote equality between men and women and allowing for more women to be present in the labour market. regarding the 2008 pending maternity leave proposal,5 it has been announced that should the negotiations not be unblocked within six months, the proposal will be withdrawn with the view of approaching the issue from a wider perspective. Commissioner Jourová has the task to ensure that, within the scope of EU competences, discrimination is fought against and gender equality is promoted. This includes exploring the possibilities for pursuing, with the pending proposal, a horizontal equal treatment directive.6 In December 2014, during the Social Policy, Health and Consumer Affairs Council, Commissioner Jourová expressed her will to unblock the negotiations on this pending directive. The Strategy for Gender Equality between men and women 2010-2015 (see http://ec.europa.eu/justice/ gender-equality/index_en.htm) had the following priorities: equal economic independence between men and women; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence and promoting gender equality beyond the EU. There is currently a public consultation on gender equality which aims at collecting the views of a broader public.7 The results of this consultation will be used in the preparation of the Commission’s policy on equality between women and men after 2015. Furthermore, the results of the Eurobarometer 428 on gender equality have been published in April 2015 and will be developed in the next issue of the European equality law review.8 The rome Declaration on Non Discrimination, Diversity and Equality adopted in rome in November 20149 by the Member States commits its signatories notably to ‘effectively implement and apply the European Union equal treatment directives in place to prohibit discrimination in employment and occupation and in the provision of goods and services as mentioned above and to consolidate the legal instruments by seriously exploring the adoption of the proposal prohibiting discrimination on the grounds of disability, sexual orientation, religion or belief, and age in the provision of goods and services’.
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