Women, the European Union and Britain

Parliamentary Affairs

Volumn 49, Issue 1, 1996, Pages 221-234

  Meehan, Elizabeth ^a   Collins, Evelyn ^a  

^a NONE

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EID: 0029689252     PISSN: 00312290     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pa.a028670     Document Type: Article

References (44)

1. 1 Strictly speaking it is the EC, not the EU, that is responsible for sex equality; the EU includes common (EC) institutions and policies and those which are intergovernmental in character.
2. 2 S. Mazey, 'The Development of EC Equal Opportunities Policies: Bureaucratic Expansion on Behalf of women', Public Administration, forthcoming.
3. 3 A range of the literature is reviewed in E. Meehan, 'European Community Policy on Sex Equality: A Bibliographic Essay', Women's Studies International forum, 15(1), 1992. Discussions are going on in the commission and European Parliament about whether the Intergovernmental Conference of 1996 could introduce the possibility of a European constitution which would entrench the general right of sex equality.
4. 4 Great Britain and Northern Ireland are components of a single member state, the United Kingdom, and cases referred to the ECJ from NI in this volume are relevant to women in GB and throughout the EU.
5. 5 E. Collins and E. Meehan, 'Women's Rights in Employment and Related Areas' in C. McCrudden and G. Chambers (eds), Individual Rights and the Law in Britain (Clarendon Press/Law Society, 1994). It should be noted that the SDA was amended to narrow exceptions and the EPA was amended to include 'equal value', as a result of infringement proceedings brought by the Commission against the government in the ECJ. Other ECJ rulings have, for example, broadened the definition of earnings, made retirement subject to discrimination law, and enabled married women to be eligible for the Invalid Care Allowance. The connection between retirement and pensions is complicated and dealt with in the main text (Part 3)
6. 6 Amendments to legislation in GB include the Sex Discrimination Act 1986, the Sex Discrimination (Amendments) Order 1988 (SI 1988, No. 249), and the Employment Act 1989. In NI the comparable legislation is the Sex Discrimination (Northern Ireland) Order 1976, the Sex Discrimination (Amendment) order 1987, Sex Discrimination (Amendment) (Northern Ireland) Order 1988 and the Employment Act 1989.
7. 7 Amendment in GB by the Equal Pay (Amendment) Regulations 1983; Industrial Tribunal Regulations 1983, SI 1983/1794. Amended in NI by the Equal Pay (Amendment) Regulations (Northern Ireland)
8. 8 Equality for Women (Cmnd. 5724, HMSO, 1974), para. 1
9. 9 The official, Numerical references to measures mentioned in this paragraph and the next are as follows: Equal pay, 75/117/EEC.10.2.75; ILO Convention 100 of 1951, entering into force on 23.5.53; Equal treatment, 76/207/EEC, 9.2.76; Equal treatment in statutory social security, 79/EEC, 19.12.78; Equal treatment in occupational social security, 86/378/EEC, 12.8.86; Equal treatment in self-employed occupations, including agriculture, 86/613/EEC, 11.12.86; Protection of pregnant women workers, 92/ 85/EEC, 19.10.92.
10. 10 The main sources for these debates are referred to in E. Collins and E. Meehan, 'Women's Rights in Employment and Related Aresa' in C. McCrudden and G. Chambers (eds), Individual Rights and the Law in Britain (Clarendon Press/Law Society, 1994).
11. 11 J. Edwards and L. McKie, 'Equal Oppotunities and Public Policy: An Agenda for Change', Public Policy and Administration, 8(2) 54-67, 1993.
12. 12 Major critiques of liberal theory include: C. Pateman, The Sexual Contract Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women Basil Blackwell/Polity Press, 1989); C. Bacchi, 'Pregnancy, the Law and the Meaning of Equality' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991); S. Sevenhuijsen, 'Justice and Moral Reasonig and the Politics of Child Custody' in E. Meehan, and S. Sevenhuijsen (eds) Equality Politics and Gender (Sage, 1991). The point about the judiciary is made by P. Byrne and J. Lovenduski, 'Sex Equality and the Law in Britain', British Journal of Law and Society, No. 2, 1978.
13. 12 Major critiques of liberal theory include: C. Pateman, The Sexual Contract Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women Basil Blackwell/Polity Press, 1989); C. Bacchi, 'Pregnancy, the Law and the Meaning of Equality' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991); S. Sevenhuijsen, 'Justice and Moral Reasonig and the Politics of Child Custody' in E. Meehan, and S. Sevenhuijsen (eds) Equality Politics and Gender (Sage, 1991). The point about the judiciary is made by P. Byrne and J. Lovenduski, 'Sex Equality and the Law in Britain', British Journal of Law and Society, No. 2, 1978.
14. 12 Major critiques of liberal theory include: C. Pateman, The Sexual Contract Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women Basil Blackwell/Polity Press, 1989); C. Bacchi, 'Pregnancy, the Law and the Meaning of Equality' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991); S. Sevenhuijsen, 'Justice and Moral Reasonig and the Politics of Child Custody' in E. Meehan, and S. Sevenhuijsen (eds) Equality Politics and Gender (Sage, 1991). The point about the judiciary is made by P. Byrne and J. Lovenduski, 'Sex Equality and the Law in Britain', British Journal of Law and Society, No. 2, 1978.
15. 12 Major critiques of liberal theory include: C. Pateman, The Sexual Contract Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women Basil Blackwell/Polity Press, 1989); C. Bacchi, 'Pregnancy, the Law and the Meaning of Equality' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991); S. Sevenhuijsen, 'Justice and Moral Reasonig and the Politics of Child Custody' in E. Meehan, and S. Sevenhuijsen (eds) Equality Politics and Gender (Sage, 1991). The point about the judiciary is made by P. Byrne and J. Lovenduski, 'Sex Equality and the Law in Britain', British Journal of Law and Society, No. 2, 1978.
16. 12 Major critiques of liberal theory include: C. Pateman, The Sexual Contract Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women Basil Blackwell/Polity Press, 1989); C. Bacchi, 'Pregnancy, the Law and the Meaning of Equality' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991); S. Sevenhuijsen, 'Justice and Moral Reasonig and the Politics of Child Custody' in E. Meehan, and S. Sevenhuijsen (eds) Equality Politics and Gender (Sage, 1991). The point about the judiciary is made by P. Byrne and J. Lovenduski, 'Sex Equality and the Law in Britain', British Journal of Law and Society, No. 2, 1978.
17. 13 Marshall v. Southampton and South West Hampshire Health Authority, Case No. 152/84 [1986] QB 401; [1986] IRLR 140 (ECJ) and Beets-Proper v. F van Lanschott Bankiers NV, Case No. 262/84 [1097 2 CMLR] 616.
18. 14 The ruling that occupational pensions are subject to the law on equal pay was: Barber v. Guardian Royal Exchange Assucrance Group, Case No. 262/88 [1990] IRLR 240 (ECJ). The subsequent, relevent British cases include: Neath v. Hugh Steeper Ltd [1994] IRLR 91 ECJ; Coloroll Pension Trustees Ltd. v. Russell and others [1994] IRLR 586 ECJ; Smith and others v. Avdel System Ltd [1994] IRLR 602 ECJ.
19. 15 Equal Opportunities Commission (GB), What Price Equality? 1994.
20. 16 European Commission, Memorandum to Council on Taxation and Equal Treatment for Men and Women, COM (84) 695 Final, 14 December 1984. It was reported in the Independent on 12.7.95 that, in view of its beliefs about family breakdown, the government was considering a paper about the retraction of these reforms.
21. 17 The first cases were: Reaney v. Kanda Jean Products [1978] IRLR 427; Turley v. Alders Dept. Stores Ltd [1980] ICR 66 (EAT). The improvement came in Hayes v. Malleable Working Men's Club [1985] ICR 703. The case was heard by the EAT with Maughan v. NE London Magistrates Court Committee which, when reheard by the IT, resulted in a finding that dismissal for pregnancy was contrary to the SDA 1975.
22. 18 Donley v. Gallaher, Case No. 66/86 SD. Decision 6.11.87; McQuade v. Dabering, DCLD 1, Case No. 427/89 SD. Decision 31.8.89. Dekker v. Stichting Vormingscentrum voor Jonge Volwassen (VJV-Centrum) Plus, Case No. 177/88 [1991] IRLR 27 (ECJ); Hertz v. Aldi Marked K/S, Case No. 179/88 [1991] IRLR 31 (ECJ). See also Webb v. EMO Air Cargo UK Ltd [1994] IRLR 482-ECJ, which reaffirmed that dismissal of a woman because of her pregnancy constituted direct sex discrimination. The ECJ also confirmed that financial consequences for the firm could not be considered a justification for direct sex discrimination.
23. 19 The most public controversy was UK opposition to the legal basis on which the Directive was brought forward-that is, on the basis of health and safety (where majority decisions could be taken) instead of workers' rights (requiring unanimity). While it was accepted that part of the Directive, on exposure to dangerous hazards, etc., was a legitimate health and safety concern, it was thought that bringing all aspects together was a means of circumventing the British 'veto'. There were also general disagreements about the period of leave and level of entitlement to pay. For an overview and comments on implementation in the UK, see Equal Opportunities Commission (GB), Formal Response to the Trade Union Reform and Employment Rights Bill 1993, and Equal Opportunities Commission (NI),EOC NI Comments on the Trade Union Reform and Employment Rights Bill 1993.
24. 19 The most public controversy was UK opposition to the legal basis on which the Directive was brought forward-that is, on the basis of health and safety (where majority decisions could be taken) instead of workers' rights (requiring unanimity). While it was accepted that part of the Directive, on exposure to dangerous hazards, etc., was a legitimate health and safety concern, it was thought that bringing all aspects together was a means of circumventing the British 'veto'. There were also general disagreements about the period of leave and level of entitlement to pay. For an overview and comments on implementation in the UK, see Equal Opportunities Commission (GB), Formal Response to the Trade Union Reform and Employment Rights Bill 1993, and Equal Opportunities Commission (NI),EOC NI Comments on the Trade Union Reform and Employment Rights Bill 1993.
25. 20 Trades Union Congress, TUC Guide; Sexual Harassment at Work. TUC, 1991.
26. 21 Council Resolution of 29 May on the protection of the dignity of women and men at work, OJ C157/3, 27 June 1990 and, following-up, Recommendation on the protection of the dignity of women and men at work of 27 November 1991, OJ L49/1, 24 February 1992.
27. 21 Council Resolution of 29 May on the protection of the dignity of women and men at work, OJ C157/3, 27 June 1990 and, following-up, Recommendation on the protection of the dignity of women and men at work of 27 November 1991, OJ L49/1, 24 February 1992.
28. 22 The UK recommendations are in: Equal Opportunities Commission (GB), Health and Safety Legislation: Should we Distiguish between Men and Women?, see J. Jarman, 'Equality or Marginalisation: The Repeal of Protective Legislation', in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender Sage, 1991) and in European Commission, Communication on Protective Legislation for Women in the Member States of the European community, COM (87) 105 Final, 20 March 1987.
29. 22 The UK recommendations are in: Equal Opportunities Commission (GB), Health and Safety Legislation: Should we Distiguish between Men and Women?, see J. Jarman, 'Equality or Marginalisation: The Repeal of Protective Legislation', in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender Sage, 1991) and in European Commission, Communication on Protective Legislation for Women in the Member States of the European community, COM (87) 105 Final, 20 March 1987.
30. 22 The UK recommendations are in: Equal Opportunities Commission (GB), Health and Safety Legislation: Should we Distiguish between Men and Women?, see J. Jarman, 'Equality or Marginalisation: The Repeal of Protective Legislation', in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender Sage, 1991) and in European Commission, Communication on Protective Legislation for Women in the Member States of the European community, COM (87) 105 Final, 20 March 1987.
31. 23 Rinner-Kuhn v. FWW Spezial-Gebaudereinigung GmbH and Co., Case No. 171/88, [1989] IRLR 493 (ECJ) dealt with sickness schemes. The judicial review case was R. v. Secretary of State for Employment ex parte EOC, [1993] 1 All ER 1022.
32. 24 Ms Marshall's further action was in Marshall v. Southampton and South-West Hampshire Area Health Authority (No. 2), Case C-271/91, [IRLR] 1990481-CA. Commentaries on the MOD controversies include those by E. Grice, 'Mutiny over the Bounty', the Daily Telegraph, 3 June 1994 and in The Times, 'A Tribunal Rules' (no by-line), 3 June 1994.
33. 24 Ms Marshall's further action was in Marshall v. Southampton and South-West Hampshire Area Health Authority (No. 2), Case C-271/91, [IRLR] 1990481-CA. Commentaries on the MOD controversies include those by E. Grice, 'Mutiny over the Bounty', the Daily Telegraph, 3 June 1994 and in The Times, 'A Tribunal Rules' (no by-line), 3 June 1994.
34. 25 C. Cockburn, In the Way of Women: Men's Resistance of Sex Equality in Organisations (Macmillan, 1991). Simple quota schemes are not unlawful, see Kalenke v. Freie Hansestadt Bremen, C-450/93 ECJ 17.10.95.
35. 26 C. Pateman, The Sexual Contract (Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women (Basil Blackwell/Polity Press, 1989).
36. 26 C. Pateman, The Sexual Contract (Basil Blackwell/Polity Press, 1988) and C. Pateman, The Disorder of Women (Basil Blackwell/Polity Press, 1989).
37. 27 R. Nielsen and E. Szyszczak, (2nd ed), The Social Policy of the European Community (Handelshojskolens Forlag, Copenhagen, 1993.
38. 28 Adoption; Commission v. Italy, Case No. 163/82, [1983] ECR 3273. Allowance; Hofman v. Barmer Ersatzkasse, Case No. 184/83, [1984] ECR 3042.
39. 29 European Commission, European Social Policy. Options for the Future. Consultative Document COM(93) 17 November 1993; and European Commission, European Social Policy: A Way Forward for the Union. White Paper. This White Paper was also influenced by another: European Commission, Growth, Competitiveness and Employment. White Paper COM(93) 700 final 5 December 1993.
40. 29 European Commission, European Social Policy. Options for the Future. Consultative Document COM(93) 17 November 1993; and European Commission, European Social Policy: A Way Forward for the Union. White Paper. This White Paper was also influenced by another: European Commission, Growth, Competitiveness and Employment. White Paper COM(93) 700 final 5 December 1993.
41. 29 European Commission, European Social Policy. Options for the Future. Consultative Document COM(93) 17 November 1993; and European Commission, European Social Policy: A Way Forward for the Union. White Paper. This White Paper was also influenced by another: European Commission, Growth, Competitiveness and Employment. White Paper COM(93) 700 final 5 December 1993.
42. 30 V. Hart, 'Constitutional Politics: European Claims and Strategies in Britain', Paper prepared for Conference on Redesigning the State at Australian National University 1994.
43. 31 B. Siim, 'Welfare State, Gender Politics and Equality policies: Women's Citizenship in the Scandinavian States' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991) and V. Hart, 'The Right to a Fair Wage: American Experience and the European Social Charter' in V. Hart and S. Stimpson (eds), Writing a National Identity: Political, Economic and Cultural Perspectives on the Written Constitution (Manchester University Press/Fulbright Commission, 1993).
44. 31 B. Siim, 'Welfare State, Gender Politics and Equality policies: Women's Citizenship in the Scandinavian States' in E. Meehan and S. Sevenhuijsen (eds), Equality Politics and Gender (Sage, 1991) and V. Hart, 'The Right to a Fair Wage: American Experience and the European Social Charter' in V. Hart and S. Stimpson (eds), Writing a National Identity: Political, Economic and Cultural Perspectives on the Written Constitution (Manchester University Press/Fulbright Commission, 1993).