Equal treatment

Men and women have to be treated equally in the EU.

• This principle is laid down in Articles 2 and 3 TEC as an objective of the Community.
• The TEC further prohibits any discrimination on grounds of nationality according to Art. 12.
• EU measures to combat all kinds of discrimination (based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientations) can be based on Art. 13 TEC, introduced under the Treaty of Amsterdam.
• The requirement for the equal treatment of women and men as regards salaries, pensions, work conditions, promotion prospects etc. is based on Art. 141. TEC, which has direct effect for European citizens.

According to a judgement of the EU Court, an employer must prove that he or she is not discriminating against women in cases where women are doing similar work to men but receiving lower salaries (case 109/88).

The future

The Convention on the Future of Europe working group on Social Europe held long and vibrant discussions about “equality” between women and men as a common value of the Union. 

The EU Constitution adopts "equality" as a value of the Union, see Art. I-2, but equality between women and men is only mentioned as an objective of the Union in Art. I-3.  

Links

See also Discrimination.