Introduction

• Author: Sansonetti, Silvia; Davern, Eamonn
• Pages: 11-15

Study Report on PES approaches to the promotion of gender equality

11

2020

1. INTRODUCTION

1.1 Gender equality as a field of intervention in PES: current state of the art

The European Union (EU) has paid special attention to women’s participation in the labour

market since its foundation in 1957. The principle of gender equality is included in the

Treaty of Rome acknowledging the principle of equal pay for equal work for women and

men in Article 1191. Since then, legislation has developed from the area of work (access

to the labour market, and equal pay and employment) to equal treatment between women

and men, equal opportunities, and equal impact. The EU Charter of Fundamental Rights2,

in Article 21, enshrines the right to non-discrimination on several grounds, including sex,

and in Article 23 reiterates that ‘equality between women and men must be ensured in all

areas, including employment, work, and pay’. In addition, Articles 2 and 3 of the Treaty

on the Functioning of the European Union (TFEU) formalise gender mainstreaming as a

horizontal goal. EU institutions and EU Member States are expected to account for gender

equality when formulating and implementing laws, regulations, administrative provisions,

policies, and activities3. The Gender Equality Strategy 2020-2025, adopted by the

European Commissionon5 March 20204, isthe most recent step undertaken byEU

institutions towards the achievement ofgender equality. Itidentifies six main objectives

and several sub-objectives for the next five years. Public Employment Services (PES)in

EUMember States cancontribute to the achievement ofthese objectives through their

activities. Inparticular the PES Network’sremit toimplement cooperation among EU

Member States in the field of employment as required byArticle 149of the TFEU, presents

specific opportunities for intervention in relation to gender equality including through

initiatives for developingexchanges ofinformation and best practices among Member

States.

The Decision on the prolongation ofthe PES Network5 recently adopted bythe European

Parliament6and the Council7on a proposal of the European Commission8makes a step

towards full integration of gender equality in the Network’s activities. The Decision

1 The Treaty of Rome is available in German, French, Italian, and Dutch at: https://eur-

lex.europa.eu/eli/treaty/teec/sign.

2 Available at: www.europarl.europa.eu/charter/pdf/text_en.pdf.

3 European Equality Law Network (2018), Gender equality and non-discrimination EU gender equality law –

update 2018, available at: www.equalitylaw.eu/downloads/4767-eu-gender-equality-law-update-2018-pdf-444-

kb.

4 Communication from the commission to the European Parliament, the Council, the European Economic and

Social Committee and the Committee of the Regions: A Union of Equality: Gender Equality Strategy 2020-2025.

Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0152.

5 The PES Network was established by the Decision 573/2014/EU of the European Parliament and of the Council

of 15 May 2014 on enhanced cooperation among national PES of all EU Member States, Iceland and Norway.

That initial Decision did not explicitly mention gender equality as an objective. However, it accounted for the

gender equality dimension in its preamble (first recital, setting out the reasons for the contents of the act) by

stating that PES play a central role in achieving the 75% target for the employment rate of women and men

aged between 20 and 64 years, as set in the Europe 2020 strategy for smart, sustainable, and inclusive growth

(also referred to as ‘Europe 2020’). COM/2010/2020 final, available at: https://eur-lex.europa.eu/legal-

content/en/ALL/?uri=CELEX%3A52010DC2020.

6 Decision (EU) 2020/1782 of the European Parliament and of the Council of 25 November 2020 amending

Decision No 573/2014/EU on enhanced cooperation between Public Employment Services (PES) (Text with EEA

relevance). Available at: https://eur-lex.europa.eu/legal-

content/EN/TXT/?qid=1606741261195&uri=CELEX%3A32020D1782.

7 See the Interinstitutional File 2019/0188(COD) at

https://www.parlament.gv.at/PAKT/EU/XXVII/EU/03/91/EU_39131/imfname_11019804.pdf.

8 Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2014/EU on

enhanced cooperation between Public Employment Services (PES). Available at: https://eur-

lex.europa.eu/legal-content/EN/TXT/?qid=1568194911042&uri=COM:2019:620:FIN.