European Union

EU Directive 86/378 (Equal treatment in social security schemes)

Under Article 3, the persons to whom this directive includes "members of the working population including self-employed persons, persons whose activity is interrupted by illness, maternity, accident or involuntary unemployment and persons seeking employment, and to retired and disabled workers." Article 4 refers to the kinds of schemes to which this directive applies. Articles 5 and 6 elaborate on the principle of equal treatment, referring, inter alia, to particular practices that are prohibited.

EU Directive 79/7/EEC (social security)

The Directive applies to statutory social security schemes (set out in Article 1). Article 4 prohibits both direct and indirect discrimination, in particular with reference to family or marital status with respect to the scope of the schemes and the conditions for accessing them. It specifies that measures for the protection of women on the ground of maternity shall not be affected by the principle of equal treatment.

EU Directive 2004/113/EC (Equal treatment in the provision of goods and services)

This directive prohibits direct and indirect discrimination, harassment, sexual harassment and instructions to discriminate in the access to goods and services. Article 3(1) provides that the Directive is applicable to "persons who provide goods and services, which are available to the public irrespective of the person concerned as regards both the public and private sectors, including public bodies, and which are offered outside the area of private and family life and the transactions carried out in this context."

EU Directive 76/207/EEC (Equal treatment of men and women)

This directive prohibits discrimination on the grounds of sex, particularly with reference to marital or family status in employment, including access to employment, promotion, vocational training and working conditions. The Directive does not apply to occupational activities (including training for these activities) where "by reason of their nature or the context in which they are carried out, the sex of the worker constitutes a determining factor" (Article 2(2)).

EU Directive 97/80/EC on Shifting Burden of Proof in Sex Discrimination Cases

This directive applies to civil or administrative procedures on sex discrimination, brought under the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC and in respect of sex discrimination cases brought pursuant to Directives 92/85/EEC and 96/34/EC. Article 4 of this directive requires that where the Plaintiff has shown an arguable case of discrimination, the burden of proof shifts to the defendant, who has to demonstrate that there has been no discrimination. This directive does not apply to criminal cases.

EU Directive 75/117/EEC (Equal Pay)

Article 1 of this directive provides that the principle of "principle of equal pay" in Article 119 of the EC Treaty means "for the same work or for work to which equal value is attributed, the elimination of all discrimination on grounds of sex with regard to all aspects and conditions of remuneration." It requires member states to ensure that the national legislation give effect to this principle and provide a mechanism for redress where the principle has been violated (Articles 2 and 3).

EU - Council Directive 86-613 (equal treatment men and women)

This directive covers self-employed workers, including farmers and members of the liberal professions and their spouses who participate in the activities of the enterprise, by performing similar tasks or ancillary tasks. The Directive has several provisions to ensure equal treatment between self-employed male and female workers, to protect the rights of spouses of self-employed workers, where the spouses do not have professional status and to protect self-employed workers or wives of self-employed workers during pregnancy and motherhood.

EU - Council Directive 92/85/EEC(Pregnancy and breastfeeding)

Under Article 4 of this directive, employers are expected to carry out an assessment of the nature, degree and duration of exposure to agents, processes or working conditions in activities where there is a risk of exposure to them. The European Commission is charged with drawing up guidelines for the assessment in consultation with the member states. Under Article 6, pregnant women and breastfeeding mothers should not be obliged to perform work which risks exposure to agents listed in Annex II, Section A and Annex II, Section B respectively of the Directive.

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