Transcript Political and Legal Equality

Addressing Gender Inequality:
an International prospective
Pierella Paci
Regional Gender Coordinator
Europe and Central Asia Region
The World Bank
25 January 2005
1
Outline
•
•
•
•
What is gender?
Why governments should be
concerned with gender equality?
Gender inequality exists
everywhere
And the transition countries of
ECA are not an exception
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What is gender?
• Refers to the socially & culturally defined roles of
males and females – what males and females are
supposed to do
• Contrasted with sex, which refers to the biological
differences between males and females
• Gender equality is the extent to which females
and males have different rights, resources and
power
– Male privilege and prerogatives dominate, but there are
cases in which females are better off than males, also
gender problems involving males that arise from gender
roles (e.g., violence)
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Why should governments be concerned
about gender?
1. Gender inequality reduces economic growth,
amperes poverty reduction – important
objectives of many governments – and is
associated with worse governance
2. Gender inequality exists throughout the world,
that is, it remains a problem
3. This is despite many countries having made
commitments to promote gender equality that
remain unfulfilled
4. And despite the evidence that good policies can
make a difference
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1. Gender equality helps to:
 increase economic growth
 lower poverty & improve the quality of life
 improve governance (maybe)
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Links between gender equality and
economic growth
Lower population
growth, more
efficient replacement
Gender
equality
Increased labor
productivity
Economic
growth
More efficient
allocation of
resources
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Links with productivity/efficient allocation of
resources in the current generation
 Unequal allocation of resources based on gender
lowers productivity and efficiency
 Example: gender equality in farm inputs could increase
output by 4 to 20 percent
 Women’s use of productive resources is as efficient
or more efficient than men’s
 Ex: micro-credit to women has been shown to have twice
the impact on household income as micro-credit to men
 More equal capacity leads to higher economic
growth (see next slide)
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Links with the productivity of the
next generation
 Women invest their incomes in their children, men
in themselves
 Ex: In Brazil, income in the hands of mothers has four times
the positive impact on children’s nutrition (height-for-age) as
income in the hands of fathers.
 Better educated mothers invest more heavily in
their children’s learning
 Ex: In India, children of literate mothers spend two more
hours a day studying than children of illiterate mothers.
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(Additional) links with poverty
• Job discrimination and/or cultural or legal
barriers to better paid forms of work put
women at risk of poverty
• Within households, unequal access to
resources may result in greater female than
male poverty
• Violence against women is pervasive,
dangerous and costly
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Countries with more equal participation and
rights are less corrupt
10
9
Corruption Index
8
7
6
5
4
3
2
1
0
4.0
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4.5
5.0
5.5
6.0
6.5
Index of women's economic and social rights
7.0 10
2. Inequality remains pervasive
• Gender disparities are found in all
regions and countries
• Are especially large in:
– Low income countries
– Low income households
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Gender gaps in education are often
largest in low-income countries
Male/Female Enrollment Ratios, 6-14 years old
3.0
Rich
Morocco
2.5
Poor
Pakistan
2.0
India
1.5
Egypt
Turkey
Kazakstan
1.0
Indonesia
Tanzania
Brazil
6
8
0.5
0.0
0
2
4
10
Selected Developing Countries
Source: Filmer (1999)
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Time poverty:
Women work longer hours than men
Hours of Work per Day, by Gender, in Selected African Countries
16
14
Women
12
Men
10
8
6
4
2
0
CAR
Cote Tanzania Botswana Zambia
d'Ivoire
Kenya
Nigeria
Burkina Uganda
Faso
Source: Various, cited in Blackden and Bhanu (1999)
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Inequality in legal, social and economic
rights exists in all regions
4
Index of gender equality (1-4)
High Equality
Low Equality
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2
1
East Asia
Eastern
Europe and
Central Asia
Latin
America
and the
Carribean
Middle
East/North
Africa
South Asia
SubSaharan
Africa
OECD
14
Women are under-represented in parliaments
Women's share of parliamentary seats, 1995
(percent)
25
20
15
10
5
0
East Asia/
Pacific
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Europe/
Central Asia
Latin
America/
Caribbean
Middle East/
North Africa
South
Asia
Sub-Saharan
Africa
OECD
15
Gender violence exists around the world
(% of women who have experienced violence)
Lifetime
Past 12 Months
50
40
30
20
30
29
22
21
14
7
10
8
8
12
10
5
9
2
0
Moldova
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Russia
Ukraine
Romania
Georgia
Ecuador
Paraguay
16
Women earn less than men – even when they
have similar education and work experience
What women earn for
every $1 men earn:
Developed countries
0.77
Developing countries
0.73
•
Adam Smith (1763): A woman shall be paid three
quarters of a man’s wage.
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3. Countries’ commitments
• Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW),
adopted by the UN General Assembly in
1979
• Fourth World Conference on Women
Platform for Action, 1995 (Beijing)
• Millennium Development Goals, 2000
– Goal 3: Promote gender equality & empower
women
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4. Well designed public policies
can make a difference
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Gender equality in pension benefits
Pension income for Chilean workers with incomplete primary education
(female/male ratio in parenthesis)
Male own
pension
Female own+
survivor's pension
(0.89)
Female own or
survivor's pension
(0.60)
Female own
pension (retire age 65)
(0.43)
Female own pension
adjusted by MPG
(0.35)
Female own
pension (retire age 60)
(0.29)
0
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20
40
60
Pesos (thousands)
80
100
120
20
Ecuador Judicial Reform
Project
• Established legal service centers for
poor women
• Result: Child support cases settled in
3-8 weeks rather than in 1-3 years
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5. Example of best practice
interventions in the labor
market
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EU LEGAL FRAMEWORK
PRIMARY LEGISLATION
• Treaty of Rome, 1957
•
– Principle of Equal Pay
Treaty of Amsterdam, 1997
– Eliminating Gender Inequality
SECONDARY LEGISLATION
• establishing principle of equal treatment as regards:
–
–
–
–
access to employment;
vocational training and promotion;
working conditions; and
matters of social security.
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Directive 76/207/EEC, 1976
Equal Access to Employment, Vocational
Training and Promotion, and Working
Conditions:
• abolishment of all discriminatory provisions in
laws, regulations, administrative procedures,
collective agreements, individual contracts etc.;
• application of the principle of equal
treatment with regards to vocational
training, and working conditions;
• elimination of discrimination on grounds of
sex either directly or indirectly, in particular by
reference to marital and family status.
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90
80
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Employment rates - male and female
2002
Source: Eurostat, Jan 2004
Women
Men
70
60
50
40
30
20
10
0
25
Share of Skilled Women and Men in
Employment, 2002 (in%)
30
25
20
15
10
men
women
5
0
EU-15
NMS
Source: Eurostat, 2004
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Vertical Segregation - Share of
employees in managerial occupation, by
sex, 2002
%
8
7
6
5
4
3
female
2
male
1
0
EU-15
NMS-10
Source: Eurostat, 2004
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Directive 92/85/EC, 1992 –
Maternity Protection
• an assessment of specific safety risks at
work;
• prohibition of dismissal from the
beginning of pregnancy until the end of
maternity leave;
• ensuring employment rights plus pay and
respective allowances during maternity
leave;
• shifting the burden of proof.
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Directive 96/34/EC, 1996
Framework Agreement on Parental
Leave
• granting male and female workers an individual
right to parental leave;
• enabling parents to take care of their child for at
least 3 months until a given age up to eight years;
• granting the leave on a non-transferable basis;
• protecting workers against dismissal on the
grounds of taking a parental leave;
• ensuring the right to return to the same job
under the same conditions.
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Share of employees with children aged
0-5 (2002, in %)
18
female
16
male
14
12
10
8
6
4
2
0
EU-15
Source: Eurostat, 2004
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ACC
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Maternity/Parental Leave Arrangements
Traps for Women's Employment?
•Extended leaves;
•Wage effect;
•Career;
•Institutional structure.
Protective measures raise the cost of hiring
women.
Ignoring the negative effect of protective
standards may prove harmful for women,
particularly in countries experiencing structural
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reforms/transformation.
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Directive 97/81/EC, 1997
Non-discrimination against part-time
workers
• clear definition;
• non-discrimination of part-time workers
with respect to employment conditions;
• facilitation of access to part-time work at
all levels of the enterprise, including skilled
and managerial positions...
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Share of part-time employees, 2002
(in%)
40
male
35
female
30
25
20
15
10
5
0
EU-15
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ACC
34
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Re-organization of working time
Flexibility - A new form of precariousness?
• Implications of “flexible” working
arrangements?
• Experiences of such working
arrangements in other countries?
• In what circumstances could flexibility
and equal opportunities serve/reinforce
each other?
• All possible effects should be borne in
mind.
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Directive 97/80/EC, 1997
Burden of Proof in cases of Discrimination
based on sex
• clear definition(s) of direct/indirect
discrimination;
• application to all civil and administrative
procedures;
• introducing rule of evidence, burden of
proof…
New standard - major shift in legal theory and
practice! Very difficult adoption and
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implementation
- classic rule of evidence...
Key Elements of Policy Relevance
• Importance of differences in m/f labor market
participation and career structures;
• Differences in m/f wage structures and
gender(ed) effects of pay and promotion
policies;
• horizontal segregation in general and
concentration of women in low paying sectors
and occupations..
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CHALLENGES OF EU ACCESSION
• Overlapping of two significant,
continuing processes - transition and
accession;
• level of economic, social and political
reforms prior to entry into EU;
• different phases of accession to EU;
• creation of many losers in domestic
politics;
• paid employment as primary axis of
social change...
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LABOUR MRKT. OPPORTUNITIES
WELFARE
SYSTEM
LABOUR MARKET
STRUCTURE
LABOUR MRKT.
OPPORTUNITIES
INTERNATIONAL CONTEXT
POLITICAL and ECONOMIC CONTEXT
TRADITION, SOCIAL/SOCIETAL CONTEXT
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CHALLENGES OF THE EU ACCESSION
• No explicit legal provisions prior to the
process of accession;
• No mechanisms on equal treatment (quasi
quotas);
• Low legal culture and weak institutional
infrastructure;
• Focusing on legal harmonization;
• Lack on information and case laws;
• Implementation deficit - weakness.
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CHALLENGES OF EU ACCESSION
Policy Performance - Slovenian case
• Act on Parental Care and Family
Incomes (2001) - not translated introducing non-transferable PATERNAL
LEAVE
•Labor Relations Act (2002)
•Equal Opportunities for Women and Men
(2002)
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Labor Relations Act
• Prohibition on discrimination - Art. 6
• Job advertisements, Art. 25
• Sexual harassment, Art. 45
• Extraordinary cancellation by an
employee, Art. 112
• Principle of equal pay, Art. 133
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Labour Relations Act - Process/Actors
• Preparation of materials - law experts
• Exchange of legal practices - Phare
Programme “Harmonizing Regulations,
Employment and Social Reforms
• Foreign Experts (UK and France) - 1996
• ESS - April 1997/proceeding in July
• Ministerial proceedings
• 1997 - 1st Proposal in the Parliament
• 1999 - 1st proceeding in the Parliament
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Labor Relations Act - Process/Actors
• 3 rounds of harmonization between
social partners;
• change of ministers;
• Sept 2000 - certain unadjusted solutions;
• 2001 - 3rd round of harmonization
• 7 Nov 2001 - Statement on harmonization
by ESS
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Labor Relations Act - Process/Actors
NO CONTENDING TO THE EQUAL
OPP. PROVISIONS, BASED ON EU
OR OTHER INTERNATIONAL
COMMUNITY’S DIRECTIVE/S
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Policy Performance
Number of active measures needed:
• clear governmental commitments;
• modification of EU structural indicators and
benchmarks to reflect the specific
characteristics of CEE labor markets;
• shifting attention to the
implementation/enforcement of legislation;
• equality plans creation - inclusion into
collective bargaining;
• encouraging employers to facilitate
reconciliation
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Policy Performance
• Government should support NGOs and
develop measures for preventing,
detecting and eliminating discrimination;
• TUs should monitor the working
environment and raise awareness of
discriminated-against;
• creating measures for inclusion on nondiscriminatory basis; clear HR policies
• continuing monitoring (system creation)
• Companies most friendly to women
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Policy Performance
• Long-lasting and complex nature of shift
from the principle of equal rights to the
principle of eq. opportunities/treatment;
• active and intense resolution by all
actors in society;
• EU as an important international
reference frame and impulse;
• proper legislation - incl. wider policy
environment, state of labor markets,
national trends and case laws into
consideration
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Policy Performance
• Careful and well-prepared analytical
approach to legislation procedure;
• inclusion of all actors - TUs, experts,
NGOs, employers, government, case
laws, exchange of best-practice;
• careful adoption of other countries’
solutions!
• Proper training and media coverage
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