The European Union’s role in safeguarding equality between the sexes over the years : a case study on gender equality law with a focus on women’s access into the employment sector

Abstract

Gender equality has become a priority on the European Union’s agenda through subsequent Treaty amendments, nevertheless, by the turn of the century, it was considered to be ‘exceptional’ by observers when compared to other social regulations. Given the emphasis of the European Commission to protect against discrimination on the grounds of gender, especially when compared with other areas of non-discrimination law, this area deserves further study. The aim of this dissertation is to understand the role of the European Union throughout the years in this area, both in terms of the adopted legislative framework as well as the Court’s interpretation of their provisions. The focus is particularly on the protection of equality between the sexes, with a focus on women and their access to the labour market. To understand this, two principles are looked into – the principle of equal pay for work of equal value and the principle of family-friendly measures related to employment. Three directives are analysed in total – the Directive on Equal Pay, the Parental Leave Directive and the Pregnant Workers Directive. Their provisions are analysed in terms of their content as well as the Court of Justice’s interpretation of such provisions. In addition, things are put in perspective by analysing the approach taken by the European Court of Human Rights. From this dissertation, it could be concluded that the European Union adopts a protectionist approach to women workers, which in itself hinders women’s access to the labour market and thus limit progress to achieve gender equality. In addition, despite a lot has been achieved to improve equal pay systems and work-life balance measures, the European Union lacks the necessary impetus to move forward and achieve anything more than soft law.