eu-charter

Χάρτης των Θεμελιωδών Δικαιωμάτων της ΕΕ

Άρθρο 23 - Ισότητα γυναικών και ανδρών

Άρθρο 23 - Ισότητα γυναικών και ανδρών

Η ισότητα γυναικών και ανδρών πρέπει να εξασφαλίζεται σε όλους τους τομείς, μεταξύ άλλων στην απασχόληση, την εργασία και τις αποδοχές.
Η αρχή της ισότητας δεν αποκλείει τη διατήρηση ή τη θέσπιση μέτρων που προβλέπουν ειδικά πλεονεκτήματα υπέρ του υποεκπροσωπούμενου φύλου.

    • Text:

      Το πρώτο εδάφιο του εν λόγω άρθρου βασίσθηκε στο άρθρο 2 και στο άρθρο 3, παράγραφος 2 της Συνθήκης ΕΚ, που έχουν πλέον αντικατασταθεί από το άρθρο 3 της Συνθήκης για την Ευρωπαϊκή Ένωση και το άρθρο 8 της Συνθήκης για τη λειτουργία της Ευρωπαϊκής Ένωσης, τα οποία επιβάλλουν ως στόχο στην Ένωση την προώθηση της ισότητας μεταξύ ανδρών και γυναικών, και στο άρθρο 157, παράγραφος 1 της Συνθήκης για τη λειτουργία της Ευρωπαϊκής Ένωσης. Εμπνέεται από το άρθρο 20 του αναθεωρημένου Ευρωπαϊκού Κοινωνικού Χάρτη της 3ης Μαΐου 1996 και από το σημείο 16 του κοινοτικού Χάρτη των δικαιωμάτων των εργαζομένων.
      Βασίζεται επίσης στο άρθρο 157, παράγραφος 3 της Συνθήκης για τη λειτουργία της Ευρωπαϊκής Ένωσης και στο άρθρο 2, παράγραφος 4 της οδηγίας 76/207/ΕΟΚ του Συμβουλίου περί της εφαρμογής της αρχής της ίσης μεταχείρισης ανδρών και γυναικών όσον αφορά την πρόσβαση στην απασχόληση, στην επαγγελματική εκπαίδευση και προώθηση, και τις συνθήκες εργασίας.
      Το δεύτερο εδάφιο επαναδιατυπώνει, με πιο σύντομο τρόπο, το άρθρο 157, παράγραφος 4 της Συνθήκης για τη λειτουργία της Ευρωπαϊκής Ένωσης σύμφωνα με το οποίο η αρχή ίσης μεταχείρισης δεν αποκλείει τη διατήρηση ή τη θέσπιση μέτρων σχετικά με ειδικά πλεονεκτήματα προς διευκόλυνση της άσκησης επαγγελματικής δραστηριότητας από το υποεκπροσωπούμενο φύλο ή προς πρόληψη ή αντιστάθμιση μειονεκτημάτων στην επαγγελματική σταδιοδρομία. Σύμφωνα με το άρθρο 52, παράγραφος 2, η εν λόγω παράγραφος δεν τροποποιεί το άρθρο 157, παράγραφος 4.

      Source:
      Επίσημη Εφημερίδα της Ευρωπαϊκής Ένωσης C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Οι κάτωθι παρατιθέμενες επεξηγήσεις καταρτίσθηκαν αρχικά υπ’ ευθύνη του Προεδρείου της Συνέλευσης που συνέταξε τον Χάρτη των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης. Ενημερώθηκαν με ευθύνη του Προεδρείου της Ευρωπαϊκής Συνέλευσης, κατόπιν των αναπροσαρμογών που επήλθαν στο κείμενο του Χάρτη από τη Συνέλευση αυτή (ιδίως στα άρθρα 51 και 52) και των εξελίξεων του δικαίου της Ένωσης. Αν και οι επεξηγήσεις αυτές καθαυτές δεν έχουν νομική ισχύ, αποτελούν πολύτιμο εργαλείο ερμηνείας για την εξήγηση των διατάξεων του Χάρτη.
    • Ms Martina Sara v. NATIONAL INSTITUTE OF SOCIAL SECURITY AND GENERAL TREASURY OF SOCIAL SECURITY
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Superior Court of Justice (Social Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:ES:TSJM:2023:972
    • TV reporter vs. public service broadcaster ZDF (Zweites Deutsches Fernsehen)
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Federal Constitutional Court
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:DE:BVerfG:2022:rk20220601.1bvr007520
    • Hungary v European Parliament and Council of the European Union
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Full Court)
      Type:
      Decision
      Policy area:
      Institutional affairs
      ECLI (European case law identifier):
      ECLI:EU:C:2022:97
    • Republic of Poland v European Parliament and Council of the European Union
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Full Court)
      Type:
      Decision
      Policy area:
      Internal market
      ECLI (European case law identifier):
      ECLI:EU:C:2022:98
    • K and Others v Tesco Stores Ltd.
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Second Chamber)
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2021:429
    • XI v Caisse pour l'avenir des enfants
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Eighth Chamber)
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2021:140
    • REQUEST for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Social No 33 de Madrid (Social Court No 33, Madrid, Spain)
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Sixth Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:757
    • D. vs. B.
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Supreme Court
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:AT:OGH0002:2019:RS0132518
    • Nigyar Rauf Kaza Ahmedbekova and Rauf Emin Ogla Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Second Chamber)
      Type:
      Decision
      Policy area:
      Justice, freedom and security, Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2018:801
    • Nigyar Rauf Kaza Ahmedbekova, Rauf Emin Ogla Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Advocate General
      Type:
      Opinion
      Policy area:
      Justice, freedom and security, Asylum and migration
      ECLI (European case law identifier):
      ECLI:EU:C:2018:514

    67 results found

    • Algemene wet gelijke behandeling (AWGB)
      Χώρα:
      Netherlands

      Preambule : Alzo Wij in overweging genomen hebben, dat het wenselijk is om, mede in verband met artikel 1 van de Grondwet, ter bevordering van de deelneming op gelijke voet aan het maatschappelijk leven bescherming te bieden tegen discriminatie op grond van godsdienst, levensovertuiging, politieke gezindheid, ras, geslacht, nationaliteit, hetero- of homoseksuele gerichtheid of burgerlijke staat, dat het daarom wenselijk is behoudens wettelijke uitzonderingen onderscheid op deze gronden te verbieden en dat het in verband met de handhaving van dit verbod wenselijk is een Commissie gelijke behandeling in te stellen

    • Grondwet voor het Koninkrijk der Nederlanden
      Χώρα:
      Netherlands

      Artikel 1 Allen die zich in Nederland bevinden, worden in gelijke gevallen gelijk behandeld. Discriminatie wegens godsdienst, levensovertuiging, politieke gezindheid, ras, geslacht of op welke grond dan ook, is niet toegestaan.

    • Charter of Fundamental Rights and Freedoms
      Χώρα:
      Czechia

      Article 3 (1) Everyone is guaranteed the enjoyment of her fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.

    • Listina základních práv a svobod
      Χώρα:
      Czechia

      Článek 3 (1) Základní práva a svobody se zaručují všem bez rozdílu pohlaví, rasy, barvy pleti, jazyka, víry a náboženství, politického či jiného smýšlení, národního nebo sociálního původu, příslušnosti k národnostní nebo etnické menšině, majetku, rodu nebo jiného postavení.

    • Equality Act 2006
      Χώρα:
      United Kingdom

      An Act to make provision for the establishment of the Commission for Equality and Human Rights; to dissolve the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about discrimination on grounds of sexual orientation; to impose duties relating to sex discrimination on persons performing public functions; to amend the Disability Discrimination Act 1995; and for connected purposes.

    • Equality Act 2010
      Χώρα:
      United Kingdom

      Section 13 Direct discrimination
      (1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
      (2) If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.
      (3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
      (4)If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.
      (5) If the protected characteristic is race, less favourable treatment includes segregating B from others.
      (6) If the protected characteristic is sex—
      (a) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
      (b) in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy or childbirth.
      (7) Subsection (6)(a) does not apply for the purposes of Part 5 (work).
      (8) This section is subject to sections 17(6) and 18(7).

      Section 19 Indirect discrimination
      (1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.
      (2) For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—
      (a) A applies, or would apply, it to persons with whom B does not share the characteristic,
      (b) it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,
      (c) it puts, or would put, B at that disadvantage, and
      (d) A cannot show it to be a proportionate means of achieving a legitimate aim.
      (3) The relevant protected characteristics are—
      age;
      disability;
      gender reassignment;
      marriage and civil partnership;
      race;
      religion or belief;
      sex;
      sexual orientation.

      Section 17 Pregnancy and maternity discrimination: non-work cases
      (1)This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of—
      (a)Part 3 (services and public functions);
      (b)Part 4 (premises);
      (c)Part 6 (education);
      (d)Part 7 (associations).
      (2)A person (A) discriminates against a woman if A treats her unfavourably because of a pregnancy of hers.
      (3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.
      (4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.
      (5)For the purposes of this section, the day on which a woman gives birth is the day on which—
      (a)she gives birth to a living child, or
      (b)she gives birth to a dead child (more than 24 weeks of the pregnancy having passed).
      (6)Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as—
      (a)it is for the reason mentioned in subsection (2), or
      (b)it is in the period, and for the reason, mentioned in subsection (3).

      Section 18 Pregnancy and maternity discrimination: work cases
      (1)This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.
      (2)A person (A) discriminates against a woman if, in the protected period in relation to a pregnancy of hers, A treats her unfavourably —
      (a)because of the pregnancy, or
      (b)because of illness suffered by her as a result of it.
      (3)A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave.
      (4)A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave.
      (5)For the purposes of subsection (2), if the treatment of a woman is in implementation of a decision taken in the protected period, the treatment is to be regarded as occurring in that period (even if the implementation is not until after the end of that period).
      (6)The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—
      (a)if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;
      (b)if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.
      (7)Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as—
      (a)it is in the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or
      (b)it is for a reason mentioned in subsection (3) or (4).

      Section 64 Relevant types of work
      (1)Sections 66 to 70 apply where—
      (a)a person (A) is employed on work that is equal to the work that a comparator of the opposite sex (B) does;
      (b)a person (A) holding a personal or public office does work that is equal to the work that a comparator of the opposite sex (B) does.
      (2)The references in subsection (1) to the work that B does are not restricted to work done contemporaneously with the work done by A.
      Section 65 Equal work
      (1)For the purposes of this Chapter, A's work is equal to that of B if it is—
      (a)like B's work,
      (b)rated as equivalent to B's work, or
      (c)of equal value to B's work.
      (2)A's work is like B's work if—
      (a)A's work and B's work are the same or broadly similar, and
      (b)such differences as there are between their work are not of practical importance in relation to the terms of their work.
      (3)So on a comparison of one person's work with another's for the purposes of subsection (2), it is necessary to have regard to—
      (a)the frequency with which differences between their work occur in practice, and
      (b)the nature and extent of the differences.
      (4)A's work is rated as equivalent to B's work if a job evaluation study—
      (a)gives an equal value to A's job and B's job in terms of the demands made on a worker, or
      (b)would give an equal value to A's job and B's job in those terms were the evaluation not made on a sex-specific system.
      (5)A system is sex-specific if, for the purposes of one or more of the demands made on a worker, it sets values for men different from those it sets for women.
      (6)A's work is of equal value to B's work if it is—
      (a)neither like B's work nor rated as equivalent to B's work, but
      (b)nevertheless equal to B's work in terms of the demands made on A by reference to factors such as effort, skill and decision-making.
      Section 66 Sex equality clause
      (1)If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one.
      (2)A sex equality clause is a provision that has the following effect—
      (a)if a term of A's is less favourable to A than a corresponding term of B's is to B, A's term is modified so as not to be less favourable;
      (b)if A does not have a term which corresponds to a term of B's that benefits B, A's terms are modified so as to include such a term.
      (3)Subsection (2)(a) applies to a term of A's relating to membership of or rights under an occupational pension scheme only in so far as a sex equality rule would have effect in relation to the term.
      (4)In the case of work within section 65(1)(b), a reference in subsection (2) above to a term includes a reference to such terms (if any) as have not been determined by the rating of the work (as well as those that have).
      Section 67 Sex equality rule
      (1)If an occupational pension scheme does not include a sex equality rule, it is to be treated as including one.
      (2)A sex equality rule is a provision that has the following effect—
      (a)if a relevant term is less favourable to A than it is to B, the term is modified so as not to be less favourable;
      (b)if a term confers a relevant discretion capable of being exercised in a way that would be less favourable to A than to B, the term is modified so as to prevent the exercise of the discretion in that way.
      (3)A term is relevant if it is—
      (a)a term on which persons become members of the scheme, or
      (b)a term on which members of the scheme are treated.
      (4)A discretion is relevant if its exercise in relation to the scheme is capable of affecting—
      (a)the way in which persons become members of the scheme, or
      (b)the way in which members of the scheme are treated.
      (5)The reference in subsection (3)(b) to a term on which members of a scheme are treated includes a reference to the term as it has effect for the benefit of dependants of members.
      (6)The reference in subsection (4)(b) to the way in which members of a scheme are treated includes a reference to the way in which they are treated as the scheme has effect for the benefit of dependants of members.
      If the effect of a relevant matter on a person (A) differs according to the effect it has on a person of the same sex as A, according to whether A is married, in a civil partnership, or for some other reason due to A’s family status, a comparison for the purposes of this section of the effect of that matter on persons of the opposite sex must be with a person of the opposite sex to A who is in the same position as A and in particular—
      (a)where A is married to someone of the opposite sex, A is to be compared to a person of the opposite sex to A (“B”) where B is married to someone of the opposite sex to B;
      (b)where A is married to someone of the same sex as A or is in a civil partnership, A is to be compared to B where B is married to someone of the same sex as B or is in a civil partnership.
      (8)A relevant matter is—
      (a)a relevant term;
      (b)a term conferring a relevant discretion;
      (c)the exercise of a relevant discretion in relation to an occupational pension scheme.
      (9)This section, so far as relating to the terms on which persons become members of an occupational pension scheme, does not have effect in relation to pensionable service before 8 April 1976.
      (10)This section, so far as relating to the terms on which members of an occupational pension scheme are treated, does not have effect in relation to pensionable service before 17 May 1990.
      Section 68 Sex equality rule: consequential alteration of schemes
      (1)This section applies if the trustees or managers of an occupational pension scheme do not have power to make sex equality alterations to the scheme.
      (2)This section also applies if the trustees or managers of an occupational pension scheme have power to make sex equality alterations to the scheme but the procedure for doing so—
      (a)is liable to be unduly complex or protracted, or
      (b)involves obtaining consents which cannot be obtained or which can be obtained only with undue delay or difficulty.
      (3)The trustees or managers may by resolution make sex equality alterations to the scheme.
      (4)Sex equality alterations may have effect in relation to a period before the date on which they are made.
      (5)Sex equality alterations to an occupational pension scheme are such alterations to the scheme as may be required to secure conformity with a sex equality rule.
      Section 69 Defence of material factor
      (1)The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is because of a material factor reliance on which—
      (a)does not involve treating A less favourably because of A's sex than the responsible person treats B, and
      (b)if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim.
      (2)A factor is within this subsection if A shows that, as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's.
      (3)For the purposes of subsection (1), the long-term objective of reducing inequality between men's and women's terms of work is always to be regarded as a legitimate aim.
      (4)A sex equality rule has no effect in relation to a difference between A and B in the effect of a relevant matter if the trustees or managers of the scheme in question show that the difference is because of a material factor which is not the difference of sex.
      (5)“Relevant matter” has the meaning given in section 67.
      (6)For the purposes of this section, a factor is not material unless it is a material difference between A's case and B's.
      Section 70 Exclusion of sex discrimination provisions
      (1)The relevant sex discrimination provision has no effect in relation to a term of A's that—
      (a)is modified by, or included by virtue of, a sex equality clause or rule, or
      (b)would be so modified or included but for section 69 or Part 2 of Schedule 7.
      (2)Neither of the following is sex discrimination for the purposes of the relevant sex discrimination provision—
      (a)the inclusion in A's terms of a term that is less favourable as referred to in section 66(2)(a);
      (b)the failure to include in A's terms a corresponding term as referred to in section 66(2)(b).
      (3)The relevant sex discrimination provision is, in relation to work of a description given in the first column of the table, the provision referred to in the second column so far as relating to sex.
      Section 71 Sex discrimination in relation to contractual pay
      (1)This section applies in relation to a term of a person's work—
      (a)that relates to pay, but
      (b)in relation to which a sex equality clause or rule has no effect.
      (2)The relevant sex discrimination provision (as defined by section 70) has no effect in relation to the term except in so far as treatment of the person amounts to a contravention of the provision by virtue of section 13 or 14.
      Section 72 Relevant types of work
      Sections 73 to 76 apply where a woman—
      (a)is employed, or
      (b)holds a personal or public office.
      Section 73 Maternity equality clause
      (1)If the terms of the woman's work do not (by whatever means) include a maternity equality clause, they are to be treated as including one.
      (2)A maternity equality clause is a provision that, in relation to the terms of the woman's work, has the effect referred to in section 74(1), (6) and (8).
      (3)In the case of a term relating to membership of or rights under an occupational pension scheme, a maternity equality clause has only such effect as a maternity equality rule would have.
      Section 74 Maternity equality clause: pay
      (1)A term of the woman's work that provides for maternity-related pay to be calculated by reference to her pay at a particular time is, if each of the following three conditions is satisfied, modified as mentioned in subsection (5).
      (2)The first condition is that, after the time referred to in subsection (1) but before the end of the protected period—
      (a)her pay increases, or
      (b)it would have increased had she not been on maternity leave.
      (3)The second condition is that the maternity-related pay is not—
      (a)what her pay would have been had she not been on maternity leave, or
      (b)the difference between the amount of statutory maternity pay to which she is entitled and what her pay would have been had she not been on maternity leave.
      (4)The third condition is that the terms of her work do not provide for the maternity-related pay to be subject to—
      (a)an increase as mentioned in subsection (2)(a), or
      (b)an increase that would have occurred as mentioned in subsection (2)(b).
      (5)The modification referred to in subsection (1) is a modification to provide for the maternity-related pay to be subject to—
      (a)any increase as mentioned in subsection (2)(a), or
      (b)any increase that would have occurred as mentioned in subsection (2)(b).
      (6)A term of her work that—
      (a)provides for pay within subsection (7), but
      (b)does not provide for her to be given the pay in circumstances in which she would have been given it had she not been on maternity leave,is modified so as to provide for her to be given it in circumstances in which it would normally be given.
      (7)Pay is within this subsection if it is—
      (a)pay (including pay by way of bonus) in respect of times before the woman is on maternity leave,
      (b)pay by way of bonus in respect of times when she is on compulsory maternity leave, or
      (c)pay by way of bonus in respect of times after the end of the protected period.
      (8)A term of the woman's work that—
      (a)provides for pay after the end of the protected period, but
      (b)does not provide for it to be subject to an increase to which it would have been subject had she not been on maternity leave,is modified so as to provide for it to be subject to the increase.
      (9)Maternity-related pay is pay (other than statutory maternity pay) to which a woman is entitled—
      (a)as a result of being pregnant, or
      (b)in respect of times when she is on maternity leave.
      (10)A reference to the protected period is to be construed in accordance with section 18.
      Section 75 Maternity equality rule
      (1)If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one.
      (2)A maternity equality rule is a provision that has the effect set out in subsections (3) and (4).
      (3)If a relevant term does not treat time when the woman is on maternity leave as it treats time when she is not, the term is modified so as to treat time when she is on maternity leave as time when she is not.
      (4)If a term confers a relevant discretion capable of being exercised so that time when she is on maternity leave is treated differently from time when she is not, the term is modified so as not to allow the discretion to be exercised in that way.
      (5)A term is relevant if it is—
      (a)a term relating to membership of the scheme,
      (b)a term relating to the accrual of rights under the scheme, or
      (c)a term providing for the determination of the amount of a benefit payable under the scheme.
      (6)A discretion is relevant if its exercise is capable of affecting—
      (a)membership of the scheme,
      (b)the accrual of rights under the scheme, or
      (c)the determination of the amount of a benefit payable under the scheme.
      (7)This section does not require the woman's contributions to the scheme in respect of time when she is on maternity leave to be determined otherwise than by reference to the amount she is paid in respect of that time.
      (8)This section, so far as relating to time when she is on ordinary maternity leave but is not being paid by her employer, applies only in a case where the expected week of childbirth began on or after 6 April 2003.
      (9)This section, so far as relating to time when she is on additional maternity leave but is not being paid by her employer—
      (a)does not apply to the accrual of rights under the scheme in any case;
      (b)applies for other purposes only in a case where the expected week of childbirth began on or after 5 October 2008.
      (10)In this section—
      (a)a reference to being on maternity leave includes a reference to having been on maternity leave, and
      (b)a reference to being paid by the employer includes a reference to receiving statutory maternity pay from the employer.
      Section 76 Exclusion of pregnancy and maternity discrimination provisions
      (1)The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work that is modified by a maternity equality clause or rule.
      (1A)The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work—
      (a)that relates to pay, but
      (b)in relation to which a maternity equality clause or rule has no effect.]
      (2)The inclusion in the woman's terms of a term that requires modification by virtue of section 73(2) or (3) is not pregnancy and maternity discrimination for the purposes of the relevant pregnancy and maternity discrimination provision.
      (3)The relevant pregnancy and maternity discrimination provision is, in relation to a description of work given in the first column of the table, the provision referred to in the second column so far as relating to pregnancy and maternity.
      Section 77 Discussions about pay
      (1)A term of a person's work that purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is unenforceable against P in so far as P makes or seeks to make a relevant pay disclosure.
      (2)A term of a person's work that purports to prevent or restrict the person (P) from seeking disclosure of information from a colleague about the terms of the colleague's work is unenforceable against P in so far as P seeks a relevant pay disclosure from the colleague; and “colleague” includes a former colleague in relation to the work in question.
      (3)A disclosure is a relevant pay disclosure if made for the purpose of enabling the person who makes it, or the person to whom it is made, to find out whether or to what extent there is, in relation to the work in question, a connection between pay and having (or not having) a particular protected characteristic.
      (4)The following are to be treated as protected acts for the purposes of the relevant victimisation provision—
      (a)seeking a disclosure that would be a relevant pay disclosure;
      (b)making or seeking to make a relevant pay disclosure;
      (c)receiving information disclosed in a relevant pay disclosure.
      (5)The relevant victimisation provision is, in relation to a description of work specified in the first column of the table, section 27 so far as it applies for the purposes of a provision mentioned in the second column.
      Section 78 Gender pay gap information
      (1)Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees.
      (2)This section does not apply to—
      (a)an employer who has fewer than 250 employees;
      (b)a person specified in Schedule 19;
      (c)a government department or part of the armed forces not specified in that Schedule.
      (3)The regulations may prescribe—
      (a)descriptions of employer;
      (b)descriptions of employee;
      (c)how to calculate the number of employees that an employer has;
      (d)descriptions of information;
      (e)the time at which information is to be published;
      (f)the form and manner in which it is to be published.
      (4)Regulations under subsection (3)(e) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.
      (5)The regulations may make provision for a failure to comply with the regulations—
      (a)to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
      (b)to be enforced, otherwise than as an offence, by such means as are prescribed.
      (6)The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

    • Constitutión Española
      Χώρα:
      Spain

      Artículo 14 Los españoles son iguales ante la ley, sin que pueda prevalecer discriminación alguna por razón de nacimiento, raza, sexo, religión, opinión o cualquier otra condición o circunstancia personal o social.

    • Constitution of the Kingdom of Spain
      Χώρα:
      Spain

      Section 14 Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

    • Constitution of the Republic of Slovenia
      Χώρα:
      Slovenia

      Article 14 In Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political, or other conviction, material standing, birth, education, social status, disability, or any other personal circumstance. All are equal before the law. *As amended by the Constitutional Act Amending Article 14 of the Constitution of the Republic of Slovenia, 15 June 2004 (Official Gazette of the Republic of Slovenia No. 69/04).

      Article 43* The right to vote shall be universal and equal. Every citizen who has attained the age of eighteen years has the right to vote and be elected. The law may provide in which cases and under what conditions aliens have the right to vote. The law shall provide measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities. *As amended by the Constitutional Act Amending Article 43 of the Constitution of the Republic of Slovenia, 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04).

    • Constitution of the Republic of Slovenia
      Χώρα:
      Slovenia

      Article 53 (Marriage and the Family)Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.(...) 

    • Ustava Republike Slovenije
      Χώρα:
      Slovenia

      14. člen V Sloveniji so vsakomur zagotovljene enake človekove pravice in temeljne svoboščine, ne glede na narodnost, raso spol, jezik, vero, politično ali drugo prepričanje, gmotno stanje, rojstvo, izobrazbo, družbeni položaj, invalidnost ali katerokoli drugo osebno okoliščino. (Dopolnitev - datum razglasitve 23. 6. 2004; UL RS, št. 69/2004 z dne 24. 6. 2004. Z Ustavnim zakonom o spremembi 14. člena Ustave RS (UZ14) sta bili v tem členu za besedama "družbeni položaj" dodani vejica in beseda "invalidnost") Vsi so pred zakonom enaki.

      43. člen Volilna pravica je splošna in enaka. Vsak državljan, ki je dopolnil 18 let, ima pravico voliti in biti voljen. Zakon lahko določi, v katerih primerih in pod katerimi pogoji imajo volilno pravico tujci. Zakon določi ukrepe za spodbujanje enakih možnosti moških in žensk pri kandidiranju na volitvah v državne organe in organe lokalnih skupnosti.(Dopolnitev - datum razglasitve 23. 6. 2004; UL RS, št. 69/2004 z dne 24. 6. 2004. Z Ustavnim zakonom o spremembi

      43. člena Ustave RS (UZ43) je bil v tem členu dodan nov četrti odstavek.)

    • ACT No. 365/2004 Coll. on Equal Treatment in Certain Areas and Protection against Discrimination, and on amending and supplementing certain other laws as amended (Antidiscrimination Act)
      Χώρα:
      Slovakia

      Article I§ 1 ScopeThis Act provides for the application of the principle of equal treatment and lays down the means of legal protection in a case of violation of this principle. § 2 Basic provisions(1) Adherence to the principle of equal treatment shall lay in the prohibition of discrimination on grounds of sex, religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital or family status, colour, language, political affiliation or other conviction, national or social origin, property, lineage or any other status. (2) While adhering to the principle of equal treatment, observance shall also be paid to good morals for the purpose of broadening of protection against discrimination. (3) Adherence to the principle of equal treatment shall also rest in adoption of measures for the protection against discrimination.

    • Constitution of the Slovak Republic
      Χώρα:
      Slovakia

       Article 12 (...) 2) Basic rights and freedoms on the territory of the Slovak Republic are guaranteed to everyone regardless of sex, race, color of skin, language, faith and religion, political, or other thoughts, national or social origin, affiliation to a nation, or ethnic group, property, gender or any other status. No one may be harmed, preferred, or discriminated against on these grounds.(...) Article 38 (1) Women, minors, and persons with disabilities are entitled to an enhanced protection of their health at work, as well as to special working conditions.(...) Article 41 (...) (2) Special care, protection in labor relations, and adequate working conditions are guaranteed to a woman during the period of pregnancy.(...)

    • Ústava Slovenskej republiky
      Χώρα:
      Slovakia

      Čl. 12 (...) (2) Základné práva a slobody sa zaručujú na území Slovenskej republiky všetkým bez ohľadu na pohlavie, rasu, farbu pleti, jazyk, vieru a náboženstvo, politické, či iné zmýšľanie, národný alebo sociálny pôvod, príslušnosť k národnosti alebo etnickej skupine, majetok, rod alebo iné postavenie. Nikoho nemožno z týchto dôvodov poškodzovať, zvýhodňovať alebo znevýhodňovať. (...) Čl. 38 (1) Ženy, mladiství a osoby zdravotne postihnuté majú právo na zvýšenú ochranu zdravia pri práci a osobitné pracovné podmienky.(...) Čl 41 (...) (2) Žene v tehotenstve sa zaručuje osobitná starostlivosť, ochrana v pracovných vzťahoch a zodpovedajúce pracovné podmienky.(...)

    • Constituția României
      Χώρα:
      Romania

      Articolul 41(...) (4) La munca egala, femeile au salariu egal cu barbatii.

    • Constitution of Romania
      Χώρα:
      Romania

      Article 41(...) (4) On equal work with men, women shall get equal wages.

    • Law 202/2002 on equal opportunities for women and men
      Χώρα:
      Romania

      (establishes the legal framework in the field of equal opportunities for women and men. The law is based on the concept of multiple discriminations, which covers all grounds of discrimination, including gender and race.)

    • Constituição da República Portuguesa
      Χώρα:
      Portugal

      Artigo 13.º (Princípio da igualdade) 1. Todos os cidadãos têm a mesma dignidade social e são iguais perante a lei. 2. Ninguém pode ser privilegiado, beneficiado, prejudicado, privado de qualquer direito ou isento de qualquer dever em razão de ascendência, sexo, raça, língua, território de origem, religião, convicções políticas ou ideológicas, instrução, situação económica, condição social ou orientação sexual. Artigo 9.º (Tarefas fundamentais do Estado) São tarefas fundamentais do Estado: h) Promover a igualdade entre homens e mulheres. Artigo 36.º (Família, casamento e filiação) 3. Os cônjuges têm iguais direitos e deveres quanto à capacidade civil e política e à manutenção e educação dos filhos. Artigo 59.º (Direitos dos trabalhadores) 1. Todos os trabalhadores, sem distinção de idade, sexo, raça, cidadania, território de origem, religião, convicções políticas ou ideológicas, têm direito: a) À retribuição do trabalho, segundo a quantidade, natureza e qualidade, observando-se o princípio de que para trabalho igual salário igual, de forma a garantir uma existência condigna. Artigo 109.º (Participação política dos cidadãos) A participação directa e activa de homens e mulheres na vida política constitui condição e instrumento fundamental de consolidação do sistema democrático, devendo a lei promover a igualdade no exercício dos direitos cívicos e políticos e a não discriminação em função do sexo no acesso a cargos políticos.

    • Constitution of the Portuguese Republic
      Χώρα:
      Portugal

      Article 13 (Principle of equality) (1) All citizens possess the same social dignity and are equal before the law. (2) No one may be privileged, favoured, prejudiced, deprived of any right or exempted from any duty for reasons of ancestry, sex, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation. Article 9 (Fundamental tasks of the State) The basic responsibilities of the State are: (h) To promote equality between men and women. Article 36 (Family, marriage and filiation) (3) Spouses have equal rights in relation both to their civil and political capacity and to the education and maintenance of their children. Article 59 (Workers' rights) (1) All workers, regardless of age, sex, race, nationality, place of origin, religion or political or ideological convictions, are entitled to: (a) Remuneration for their work, according to its quantity, nature and quality, on the principle of equal pay for equal work, so as to guarantee to them an appropriate livelihood. Article 109 (Citizens' participation in politics) Direct and active participation by men and women in political life is a requirement of, and a basic instrument for consolidating the democratic system. The law must promote equality in the exercise of civil and political rights and non-discrimination on the basis of gender for access to political positions.

    • Constitution of the Republic of Poland
      Χώρα:
      Poland

      Article 33.1. Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.2. Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.

    10 results found

    • Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/2013

      (64) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, this Regulation seeks to ensure full respect for the right to equality between women and men and the right to non-discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to promote the application of Articles 21 and 23 of the Charter. In line with Article 13 of the Charter, it should also be ensured that academic freedom is respected by the countries receiving funds under the Programme.

      [...]

      Article 2

      Definitions

      (25) ‘people with fewer opportunities’ means people who, for economic, social, cultural, geographical or health reasons, due to their migrant background, or for reasons such as disability or educational difficulties or for any other reason, including a reason that could give rise to discrimination under Article 21 of the Charter of Fundamental Rights of the European Union, face obstacles that prevent them from having effective access to opportunities under the Programme;

    • Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures

      Article 1

      Purpose

      This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

    • Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union

      [...]

      (3) Article 31 of the Charter of Fundamental Rights of the European Union (4) (the ‘Charter’) provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter provides for the right of workers to information and consultation. Article 28 of the Charter provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels. Article 23 of the Charter provides for the right to equality between women and men in all areas, including employment, work and pay.

      [...]

    • Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

      Article 4 - Principle of equal treatment
      ‘1. The principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex in the public or private sectors, either directly or indirectly, for instance in relation to the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity.
      2. In the areas covered by paragraph 1, harassment and sexual harassment shall be deemed to be discrimination on grounds of sex and therefore prohibited. A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.
      3. In the areas covered by paragraph 1, an instruction to discriminate against persons on grounds of sex shall be deemed to be discrimination.‘
      Article 5 - Positive action
      ‘Member States may maintain or adopt measures within the meaning of Article 157(4) of the Treaty on the Functioning of the European Union with a view to ensuring full equality in practice between men and women in working life, for instance aimed at promoting entrepreneurship initiatives among women.‘
      Article 6 - Establishment of a company
      ‘Without prejudice to the specific conditions for access to certain activities which apply equally to both sexes, the Member States shall take the measures necessary to ensure that the conditions for the establishment of a company between spouses, or between life partners when and in so far as recognised by national law, are not more restrictive than the conditions for the establishment of a company between other persons.‘
      Article 7 - Social protection
      ‘1. Where a system for social protection for self-employed workers exists in a Member State, that Member State shall take the necessary measures to ensure that spouses and life partners referred to in Article 2(b) can benefit from a social protection in accordance with national law.
      2. The Member States may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis.‘

    • European Commission, Annual Report on gender Equality (2018)
    • European Parliament resolution of 11 December 2013 on women with disabilities (2013/2065(INI))
    • European Parliament resolution of 12 March 2013 on the impact of the economic crisis on gender equality and women’s rights (2012/2301(INI))
    • European Parliament resolution of 8 March 2016 on Gender Mainstreaming in the work of the European Parliament (2015/2230(INI))
    • European Parliament resolution of 9 June 2015 on the EU Strategy for equality between women and men post 2015 (2014/2152(INI))
    • Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 Text with EEA relevance

      Preamble:
      ‘(7) Equality between women and men is one of the Union's founding values. Unequal treatment between women and men violates fundamental rights. Moreover, the promotion of equality between women and men also contributes to achieving the objectives of the Europe 2020 Strategy. The objective of promoting equality between women and men should be implemented in a mutually reinforcing manner with other Union or Member States activities that have the same objective, in particular with those referred to in the European Pact for gender equality for the period 2011 to 2020.
      (8) Discrimination on the ground of sex includes, in line with the case-law of the Court of Justice of the European Union, discrimination arising from gender reassignment. In the implementation of the Programme, regard should also be had to developments in Union law and in the case-law of the Court of Justice of the European Union with regard to further gender related aspects, including gender identity.
      (9) The right to be treated with dignity in the workplace and society in general is an expression of the founding values of the Union and coordinated action is necessary to permit targeted activities in relation to the employment market. Therefore, actions in the area of gender equality and non-discrimination should include promoting equality between women and men and combating discrimination in the workplace and the employment market.‘

    8 results found