Karta tad-Drittijiet Fundamentali tal-Unjoni Ewropea
Artikolu 23 - L-ugwaljanza bejn in-nisa u l-irġiel
L-ugwaljanza bejn in-nisa u l-irġiel għandha tiġi żgurata fl-oqsma kollha, inkluż l-impjieg, ix-xogħol u l-paga.
Il-prinċipju ta' ugwaljanza m'għandux jimpedixxi li jinżammu fis-seħħ jew jiġu adottati miżuri maħsuba biex jagħtu vantaġġi speċifiċi lis-sess l-anqas irrappreżentat.
Spjegazzjonijiet
- Text:
L-ewwel paragrafu ta' dan l-Artikolu ġie bbażat fuq l-Artikoli 2 u 3(2) tat-Trattat KE, issa ssostitwiti bl-Artikolu 3 tat-Trattat dwar l-Unjoni Ewropea u l-Artikolu 8 tat-Trattat dwar il-Funzjonament ta' l-Unjoni Ewropea, li jimponu fuq l-Unjoni Ewropea l-objettiv li tiġi promossa l-ugwaljanza bejn in-nisa u l-irġiel, u l-Artikolu 157 tat-Trattat dwar il-Funzjonament ta' l-Unjoni Ewropea. Huwa ispirat mill-Artikolu 20 tal-Karta Soċjali Ewropea riveduta, tat- 3 ta' Mejju 1996, u mill-punt 16 tal-Karta Komunitarja dwar id-drittijiet tal-ħaddiema.
Hu wkoll ibbażat fuq l-Artikolu 157(3) tat-Trattat dwar il-Funzjonament ta' l-Unjoni Ewropea, u fuq l-Artikolu 2(4) tad-Direttiva tal-Kunsill 76/207/KEE dwar l-implimentazzjoni tal-prinċipju ta' trattament ugwali għall-irġiel u n-nisa għal dak li għandu x'jaqsam ma' l-aċċess għall-impjiegi, it-taħriġ professjonali, il-promozzjoni, u l-kondizzjonijiet tax-xogħol.
It-tieni subparagrafu huwa ispirat, f'forma iqsar, mill-Artikolu 157(4) tat-Trattat dwar il-Funzjonament ta' l-Unjoni Ewropea li jipprevedi li l-prinċipju ta' trattament ugwali ma għandux jipprevjeni ż-żamma jew l-adozzjoni ta' miżuri li jipprevedu għal vantaġgi speċifiċi sabiex ikun iktar faċli għas-sess l-inqas irrappreżentat li jwettaq attività professjonali jew sabiex jipprevjeni l-iżvantaġġi fil-karriera professjonali jew jikkumpensa għalihom. F'konformità ma' l-Artikolu 52 (2) it-tieni subparagrafu ma jemendax l-Artikolu 157(4).Source:Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea C 303/17 - 14.12.2007Preamble - Explanations relating to the Charter of Fundamental Rights:Dawn l-ispjegazzjonijiet ġew imħejjija oriġinarjament taħt ir-responsabbiltà tal-Praesidium tal-Konvenzjoni li abbozza l-Karta tad-Drittijiet Fundamentali ta' l-Unjoni Ewropea. Huma ġew aġġornati taħt ir-responsabbiltà tal-Praesidium tal-Konvenzjoni Ewropea, fid-dawl ta' l-aġġustamenti li saru għat-test tal-Karta minn dik il-Konvenzjoni (partikolarment fl-Artikoli (51 U 52) u ta' l-evoluzzjoni fil-liġi ta' l-Unjoni. Għalkemm dawn l-ispjegazzjonijiet m'għandhomx fihom infushom l-istatus ta' liġi, huma mezz siewi ta' interpretazzjoni intiż sabiex ikunu ċċarati d-dispożizzjonijiet tal-Karta.
Każistika
- Ms Martina Sara v. NATIONAL INSTITUTE OF SOCIAL SECURITY AND GENERAL TREASURY OF SOCIAL SECURITYDecision date:Deciding body type:National Court/TribunalDeciding body:Superior Court of Justice (Social Chamber)Type:DecisionPolicy 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/TribunalDeciding body:Federal Constitutional CourtType:DecisionPolicy area:ECLI (European case law identifier):ECLI:DE:BVerfG:2022:rk20220601.1bvr007520
- Hungary v European Parliament and Council of the European UnionDecision date:Deciding body type:Court of Justice of the European UnionDeciding body:Court (Full Court)Type:DecisionPolicy area:Institutional affairsECLI (European case law identifier):ECLI:EU:C:2022:97
- Republic of Poland v European Parliament and Council of the European UnionDecision date:Deciding body type:Court of Justice of the European UnionDeciding body:Court (Full Court)Type:DecisionPolicy area:Internal marketECLI (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 UnionDeciding body:Court (Second Chamber)Type:DecisionPolicy area:Employment and social policyECLI (European case law identifier):ECLI:EU:C:2021:429
- XI v Caisse pour l'avenir des enfantsDecision date:Deciding body type:Court of Justice of the European UnionDeciding body:Court (Eighth Chamber)Type:DecisionPolicy area:Employment and social policyECLI (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 UnionDeciding body:Court (Sixth Chamber)Type:DecisionPolicy area:ECLI (European case law identifier):ECLI:EU:C:2019:757
- D. vs. B.Decision date:Deciding body type:National Court/TribunalDeciding body:Supreme CourtType:DecisionPolicy 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 bezhantsiteDecision date:Deciding body type:Court of Justice of the European UnionDeciding body:Court (Second Chamber)Type:DecisionPolicy area:Justice, freedom and security, Asylum and migrationECLI (European case law identifier):ECLI:EU:C:2018:801
- Nigyar Rauf Kaza Ahmedbekova, Rauf Emin Ogla Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsiteDecision date:Deciding body type:Court of Justice of the European UnionDeciding body:Advocate GeneralType:OpinionPolicy area:Justice, freedom and security, Asylum and migrationECLI (European case law identifier):ECLI:EU:C:2018:514
Liġi kostituzzjonali nazzjonali
67 results found
- Algemene wet gelijke behandeling (AWGB)Pajjiż: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 NederlandenPajjiż: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 FreedomsPajjiż: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 svobodPajjiż: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 2006URL:Pajjiż: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 2010URL:Pajjiż: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 EspañolaPajjiż: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 SpainPajjiż: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 SloveniaPajjiż: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 SloveniaPajjiż: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 SlovenijePajjiż: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)Pajjiż: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 RepublicPajjiż: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 republikyPajjiż: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 RomânieiURL:Pajjiż:Romania
Articolul 41(...) (4) La munca egala, femeile au salariu egal cu barbatii.
- Constitution of RomaniaPajjiż:Romania
Article 41(...) (4) On equal work with men, women shall get equal wages.
- Law 202/2002 on equal opportunities for women and menPajjiż: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 PortuguesaPajjiż: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 RepublicPajjiż: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 PolandPajjiż: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.
Liġi tal-UE
19 results found
- Council 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
Article 1
The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as ‘the principle of equal treatment’.
Article 4
1. The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:
— the scope of the schemes and the conditions of access thereto,
— the obligation to contribute and the calculation of contributions,
— the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.
2. The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.
Article 6
Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.
- Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services
Preamble
(4) Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas.Article 1: Purpose
The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.
Article 4: Principle of equal treatment
1. For the purposes of this Directive, the principle of equal treatment between men and women shall mean that
(a) there shall be no direct discrimination based on sex, including less favourable treatment of women for reasons of pregnancy and maternity;
(b) there shall be no indirect discrimination based on sex.
2. This Directive shall be without prejudice to more favourable provisions concerning the protection of women as regards pregnancy and maternity.
3. Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the 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.
4. Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of this Directive.
5. This Directive shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Article 6: Positive action
With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex.
Article 7: Minimum requirements
1. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive.
2. The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.
- Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence
Preamble
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union (TEU) and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger those very values and rights, undermining women and girls’ rights to equality in all areas of life and hindering their equal societal and professional participation.(3) Violence against women and domestic violence is a violation of fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to liberty and security, the right to the protection of personal data, the right to non-discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter and the United Nations Convention on the Rights of the Child.
(6) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on a combination of sex and any other ground or grounds of discrimination as referred to in Article 21 of the Charter, namely race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation (‘intersectional discrimination’). Member States should therefore pay due regard to victims affected by such intersectional discrimination by taking specific measures. Persons affected by intersectional discrimination are at a heightened risk of experiencing gender-based violence. Consequently, Member States should take that heightened level of risk into consideration when implementing the measures provided for by this Directive, especially regarding the individual assessment to identify victims’ protection needs, specialist support to victims and training and information for professionals likely to come into contact with victims.
(20) The dissemination of images, videos or other material depicting sexually explicit activities or the intimate parts of a person without that person’s consent to the public by means of ICT should not be criminalised, where such non-criminalisation is necessary to safeguard the fundamental rights protected under the Charter, in particular the freedom of expression, including the freedom to receive and impart information and ideas in an open and democratic society, as well as the freedom of the arts and sciences, including academic freedom. Moreover, the offence should not cover the handling of material by public authorities, in particular to conduct criminal proceedings or to prevent, detect or investigate crime, and Member States should be able to exempt a person from responsibility under specific circumstances, for example where telephone or internet helplines handle material in order to report an offence to authorities.
(26) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context but publicly through the use of ICT. Therefore, it should require dissemination to the public, which should be understood as entailing making a given item of material which amounts to incitement to violence or hatred accessible, through ICT, to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or without selecting to whom access is granted. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental right to freedom of expression as enshrined in Article 11 of the Charter.
(33) In the case of domestic violence and violence against women, especially where committed by close family members or intimate partners, victims might be under such duress from the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure that their confidentiality rules do not constitute an obstacle for healthcare professionals to report to the competent authorities, where they have reasonable grounds to believe that there is an imminent risk of serious physical harm. Such reporting is justified because such acts might not be reported by those who experience or directly witness them. Similarly, instances of domestic violence or violence against women which affect children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, professionals who come into contact with child victims, including healthcare, social services or education professionals, should not be constrained by confidentiality rules where they have reasonable grounds to believe that serious physical harm has been inflicted on a child. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality. However, legal professional privilege should be protected, in accordance with Article 7 of the Charter, as justified by the fundamental role assigned to lawyers in a democratic society. Where provided for by national law, the clergy-penitent privilege, or equivalent principles applicable in order to safeguard the freedom of religion, should also be protected. In addition, the possibility for professionals to report such instances of violence is without prejudice to national rules on confidentiality of sources applicable in the context of the media.
(42) Victims are often in need of specific support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. That should, in particular, be the case where an individual assessment has found that the victim has particular support needs. When determining whether to refer child victims to support services, the best interests of those victims should be a primary consideration, as laid down in Article 24 of the Charter. Member States should ensure that the processing of related personal data by competent authorities is based on law, in accordance with the relevant provisions concerning the lawfulness of processing set out in Regulation (EU) 2016/679 of the European Parliament and of the Council and in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council. Such law should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of individuals. Where competent authorities transfer victims’ personal data to support services for the purposes of victim referral, they should ensure that the data transferred are limited to what is necessary to inform the support services of the circumstances of the case, so that victims receive appropriate support and protection. A support service should only store personal data for as long as necessary and, in any event, for no longer than five years, or a shorter period of time if established in national law, after the last contact between the support service and the victim.
(68) To effectively address negative consequences for children, support measures for children should include specialised psychological counselling adapted to the age, developmental needs and individual situation of the child, together with paediatric care where necessary, and be provided as soon as the competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses. When providing support to children, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.Article 16: Individual assessment to identify victims’ protection needs
4. The individual assessment as referred to in paragraph 2 shall take into account the victim’s individual circumstances, including whether the victim experiences discrimination based on a combination of sex and any other ground or grounds of discrimination as referred to in Article 21 of the Charter (‘intersectional discrimination’), and, therefore, faces a heightened risk of violence, and the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeat victimisation.
Article 23: Measures to remove certain online material
4. Member States shall ensure that the orders and other measures referred to in paragraph 1 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all relevant parties involved, including their fundamental rights in accordance with the Charter.
Member States shall ensure that hosting service providers, other relevant intermediary service providers and content providers affected by an order as referred to in the second subparagraph of paragraph 1 have a right to an effective judicial remedy. Such right shall include the right to challenge such an order before the courts of the Member State of the competent authority that issued the order.
Article 47: Freedom of the press and freedom of expression in other media
This Directive shall not affect special liability regimes relating to fundamental principles on the freedom of the press and the freedom of expression in protected media which exist in Member States as of 13 June 2024, provided that such regimes can be applied in full compliance with the Charter.
- Treaty on the Functioning of the European Union
Article 157
(ex Article 141 TEC)
1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.
2. For the purpose of this Article, "pay" means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer.
Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;
(b) that pay for work at time rates shall be the same for the same job.
3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
4. With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.
- Treaty on the Functioning of the European Union
Article 8
(ex Article 3(2) TEC) [2]
In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.
- Treaty on the European Union
Article 3
(ex Article 2 TEU)
1. The Union's aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.
It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the euro.
5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.
- Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
Preamble
(3) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories.
(9) Discrimination based on racial or ethnic origin may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and of social protection, the raising of the standard of living and quality of life, economic and social cohesion and solidarity. It may also undermine the objective of developing the European Union as an area of freedom, security and justice.
(13) To this end, any direct or indirect discrimination based on racial or ethnic origin as regards the areas covered by this Directive should be prohibited throughout the Community. This prohibition of discrimination should also apply to nationals of third countries, but does not cover differences of treatment based on nationality and is without prejudice to provisions governing the entry and residence of third-country nationals and their access to employment and to occupation.
(14) In implementing the principle of equal treatment irrespective of racial or ethnic origin, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.
(19) Persons who have been subject to discrimination based on racial and ethnic origin should have adequate means of legal protection. To provide a more effective level of protection, associations or legal entities should also be empowered to engage, as the Member States so determine, either on behalf or in support of any victim, in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts.
Article 1: Purpose
The purpose of this Directive is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the Member States the principle of equal treatment.
Article 2: Concept of discrimination
1. For the purposes of this Directive, the principle of equal treatment shall mean that there shall be no direct or indirect discrimination based on racial or ethnic origin.
2. For the purposes of paragraph 1:
(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin;
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
3. Harassment shall be deemed to be discrimination within the meaning of paragraph 1, when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
4. An instruction to discriminate against persons on grounds of racial or ethnic origin shall be deemed to be discrimination within the meaning of paragraph 1.
Article 7: Defence of rights
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
2. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.
- 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
.
- Council 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
.
- Community Charter of the Fundamental Social Rights of Workers (not in force)
Equal treatment for men and women
17. Equal treatment for men and women must be
assured; Equal opportunities for men and women must be
developed.
To this end, action should be intensified to ensure the
implementation of the principle of equality between men
and women as regards in particular access to employment,
remuneration, working conditions, social protection, education, vocational training and career development.
Measures should also be developed enabling men and
women to reconcile their occupational and family obligations
Dritt internazzjonali
8 results found
- Committee on the Elimination of Discrimination against Women General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19
- Committee on the Elimination of Discrimination against Women, General recommendation No. 33 (2015) on women’s access to justice
- Committee on the Elimination of Discrimination against Women, General recommendation No. 34 (2016) on the rights of rural women
- Committee on the Elimination of Discrimination against Women, General recommendation No. 36 (2017) on the right of girls and women to education
- Human Rights Committee, General Comment No. 28 (2000): Article 3: The equality of rights between men and women
- Recommendation CM/Rec(2013)1 of the Committee of Ministers to member States on gender equality and media
- Recommendation CM/Rec(2015)2 of the Committee of Ministers to member States on gender mainstreaming in sport
- Recommendation CM/Rec(2017)9 of the Committee of Ministers to member States on gender equality in the audiovisual sector