111th International Labour Conference - Committee on Application of Standards - Discussion on the General Survey on Achieving gender equality at work - EU Statement

European Union

Statement

International Labour Conference

111^th session 

Geneva, 5-16 June 2023

________

Committee on Application of Standards

Discussion on the General Survey on Achieving gender equality at work

________

Geneva, 6 June 2023

- CHECK AGAINST DELIVERY -

I speak on behalf of the European Union and its Member States.

The Candidate Countries Albania*, Bosnia and Herzegovina*, Montenegro*, the Republic of North Macedonia*, Moldova, the potential candidate country Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

1. At the outset, we would like to thank the Committee of Experts on the Application of Conventions and Recommendations for its well drafted and important report, which provides a solid foundation for our discussions in this Committee. It also highlights the legal and institutional framework required to achieve gender equality at work, as well as measures and proposals for future action in promoting gender equality.
2. We would also like to commend the input of constituents into this general survey, which underlines their commitment to supporting and advancing gender equality in the world of work.
3. Despite the report’s finding of tremendous advances for gender equality at the workplace over the last century, the General Survey recognizes that progress in closing gender inequalities in the world of work has unfortunately stalled in recent decades, with gender gaps that have not narrowed in any significant way.
4. The report underlines that women’s progress in the world of work has been hindered in particular by unequal sharing of unpaid care work and family responsibilities, including as a result of pregnancy and motherhood. The impact of the COVID-19 pandemic has also further deepened the traditional gender gaps across many areas, including the labour market, and notably as regards working conditions, work-life balance, and overall working time.
5. We are concerned by the lack of progress and recent developments and consider that addressing these obstacles and gaps in a timely and effective manner is critical for advancing a transformative agenda for gender equality, as called for by the ILO Centenary Declaration for the Future of Work, as well as adapting to a changing world of work and demographic transitions.
6. In light of a rapidly changing world characterized by these societal, demographic, and organizational changes, we must ensure and foster equality of treatment and equity of opportunity for gender equality in all areas, including regarding participation in the labour market, terms and conditions of employment, equal pay, and career progression.
7. Gender equality at work is of crucial importance to the European Union and its Member States. Article 23 of the Charter of Fundamental Rights of the European Union declares that equality between women and men must be ensured in all areas, including employment, work and pay. We acknowledge that, also within the EU, obstacles and gaps towards this aim remain and we reiterate our commitment towards eliminating them. Gender equality, equal opportunities and work-life balance are three of the twenty principles of the European Pillar of Social Rights that guides the EU in its efforts towards a fair and inclusive Europe.

Regarding the factual section of the report on sexual orientation, gender identity and intersex status, we welcome the clear trend towards inclusion in national legislation and policies of additional prohibited grounds of discrimination, including sexual orientation and gender identity, while we also see persistent challenges. The Article 21 of the EU Charter of Fundamental Rights explicitly prohibits discrimination based on sexual orientation and Article 19 of the Treaty on the Functioning of the European Union allows for taking action to combat this type of discrimination. The Council Directive 2000/78/EC of 27 November 2000 establishes a general framework for equal treatment in employment and occupation.

1. The directive combats direct and indirect discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.
2. The existing inequalities are also reflected and addressed in the European Commission’s Gender Equality Strategy and several other initiatives, including tackling women's underrepresentation in the labour market and the gender pay gap with the pay transparency Directive, rules on gender balance on corporate boards and the implementation of the Directive on work-life balance for working parents.
3. On the international level, the EU and its Member States reiterate their commitment to equality and non-discrimination and to the entitlement of all persons, to enjoy the full range of human rights and fundamental freedoms, and to the participation of, inter alia, youth, girls and women, persons with disabilities and LGBTI persons, as well as to the protection of those who are in disadvantaged, vulnerable and marginalised situations, including children. The EU will consistently and constructively engage with UN mandates focusing on combating violence and all forms of discrimination and will continue to give strong support to the UN work, including the ILO, in this regard.
4. We also continue to promote gender equality in the world of work internationally beyond the EU. In this regard, the European Commission has adopted the EU Gender Action Plan (GAP) III ‘An Ambitious Agenda for Gender Equality and Women’s Empowerment in EU External Action’ 2021-2025, which were welcomed in the Presidency Conclusions of 16 December 2020.
5. Here, the ILO plays a unique, normative role in promoting gender equality at work, which the EU and its Member States continue to stand ready to support. The full realization of the fundamental principles and rights at work is essential to ensuring gender equality at work for all workers. A few issues stand out in particular:
6. First, there is a need for action at all levels, as gender equality cannot be achieved without the elimination of discrimination in employment and occupation. Non-discrimination and equal access to employment of vulnerable groups should be put in the centre of actions in order to make the labour market more inclusive and promote decent work opportunities for all. These actions need to include both legislative and non-legislative measures, including the design of necessary legislative frameworks and the construction of an enabling and also gender-responsive environment.
7. We must not only raise awareness of the harassment, violence and discrimination issues that in particular women workers face, including gender-based violence, but also ensure clear and comprehensive definitions of what constitutes discrimination in employment and occupation in order to better identify and address the various forms and manifestations of it.
8. Second, it should be noted that recent changes in the digital economy have created a lot of new opportunities but can also perpetuate gender segregation. Therefore, it is important for governments to take targeted measures, such as a strengthened gender perspective in all digitalisation policies, to ensure equality of opportunity and treatment in all aspects of employment and genuine protection against discrimination.
9. Third, it is crucial to ensure that no workers are excluded from the scope of application of labour and social security legislation. Women work more part time, are paid less and often still carry out the bulk of private domestic and care responsibilities. This can hinder their financial independence and progress in the world of work. Taking action is both a social and an economic imperative, and national policy measures, such as maternity protection, that support workers with family responsibilities are an essential pillar of any policy that aims at creating effective equity of opportunity and equality of treatment for all workers. Quality and affordable child care and other care services for dependent family members should be arranged giving both parents or other workers with family responsibilities the opportunity to work full time and taking also into account atypical work arrangements.
10. The report also emphasizes the importance of granting fathers, adoptive parents and primary carers some of the protection and entitlements set out in the ILO maternity protection standards, as appropriate, in the best interests of children and families. In order for parents and carers to engage equally in the labour market, caring responsibilities have to be shared equally. This is at core of the EU’s Directive on work-life balance for working parents and carers. The directive therefore establishes a minimum of 4 months of parental leave. At least 2 out of the 4 months are non-transferable from a parent to another. At least the 2 non-transferable months have to be adequately compensated at a level to be decided in each EU country. Parents have the right to request taking the leave in a flexible way (part-time and in a piecemeal way).
11. Fourth, we need to address the origins of gender-specific constraints and structural obstacles. We must all make it a priority to challenge stereotypes and archaic understandings that assign certain roles to people based on their gender or that attribute different and unequal skills or capacities to them. In this case, educational campaigns, awareness-raising, and public information are critical in promoting substantive equality and ensuring that cases of inequality and discrimination are identified and properly addressed.
12. Fifth, considering that achieving gender equality at work is key for sustainable development, it is important to incorporate gender equality into national development strategies, followed by continuous monitoring, assessment, and adjustment of national policies. This ensures that the important ILO instruments discussed in the report are fully implemented in order to achieve gender equality at work.
13. Finally, and very importantly, the EU and its Member States reiterate that social dialogue and tripartism are essential policy tools for the effective realization of gender equality in the world of work.
14. The EU and its Member States will continue to place the achievement of gender equality at work among its priorities and to support the ILO and other constituents in their endeavours.

Thank you, Chair.

[*Albania, Bosnia and Herzegovina, the Republic of North Macedonia, and, Montenegro continue to be part of the Stabilisation and Association Process.]