Deborah Mabbett
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199583188
- eISBN:
- 9780191594502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199583188.003.0010
- Subject:
- Law, Constitutional and Administrative Law, EU Law
This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to ...
More
This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.Less
This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.
Sandra Fredman
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198763239
- eISBN:
- 9780191695216
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198763239.003.0007
- Subject:
- Law, Employment Law
This chapter examines the structural forces that influence women's disadvantage in the paid labour force in Great Britain. It provides a brief description of the key provisions of the Sex ...
More
This chapter examines the structural forces that influence women's disadvantage in the paid labour force in Great Britain. It provides a brief description of the key provisions of the Sex Discrimination Act of 1975 and its European counterpart, the Equal Treatment Directive. It also evaluates the extent to which the law can address the structural impediments to women's advancement by examining the legal conceptual apparatus and the institutional structure with which the law must engage.Less
This chapter examines the structural forces that influence women's disadvantage in the paid labour force in Great Britain. It provides a brief description of the key provisions of the Sex Discrimination Act of 1975 and its European counterpart, the Equal Treatment Directive. It also evaluates the extent to which the law can address the structural impediments to women's advancement by examining the legal conceptual apparatus and the institutional structure with which the law must engage.
Jude Browne
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9781861345998
- eISBN:
- 9781447303343
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861345998.003.0005
- Subject:
- Sociology, Gender and Sexuality
This chapter evaluates the current legal and policy approaches to sex inequality in Britain and provides a specific focus on the Equal Treatment Principle. It also addresses the legal and policy ...
More
This chapter evaluates the current legal and policy approaches to sex inequality in Britain and provides a specific focus on the Equal Treatment Principle. It also addresses the legal and policy implications of the various causal theories under investigation throughout the book. The chapter then exemplifies how current equality principles, laws, and policies are largely tethered to anachronistic understandings of ‘gender roles’ and consequently lag woefully behind the wants and needs of a twenty-first-century workforce. The Kingsmill Review developed its recommendations for better human-resource management, claiming that this was the locus of the problem. The chapter also shows the ways in which the law and policy approaches rely on particular understandings of how men and women operate in and between home life and work. Finally, it reviews how the shortcomings of the various theoretical approaches continue to limit their efficacy as guides to policy.Less
This chapter evaluates the current legal and policy approaches to sex inequality in Britain and provides a specific focus on the Equal Treatment Principle. It also addresses the legal and policy implications of the various causal theories under investigation throughout the book. The chapter then exemplifies how current equality principles, laws, and policies are largely tethered to anachronistic understandings of ‘gender roles’ and consequently lag woefully behind the wants and needs of a twenty-first-century workforce. The Kingsmill Review developed its recommendations for better human-resource management, claiming that this was the locus of the problem. The chapter also shows the ways in which the law and policy approaches rely on particular understandings of how men and women operate in and between home life and work. Finally, it reviews how the shortcomings of the various theoretical approaches continue to limit their efficacy as guides to policy.
Vera Lomazzi and Isabella Crespi
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781447317692
- eISBN:
- 9781447318057
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447317692.003.0002
- Subject:
- Sociology, Gender and Sexuality
This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The ...
More
This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The chapter examines the different strategies used across time to implement gender equality in the EU and how this conceptualisation led to the current approach of gender mainstreaming. In particular, three phases are identified and discussedinthe chapter: equal treatment, positive action and gender mainstreaming.
The last one is discussed deeply because itformed a substantial and important backbone in the context of the individual rights of citizens of the Union by creating a basis of equal rights guaranteed to all, regardless of gender.
The goal pursued by gender mainstreaming approach consists of a deep change in the organizational culture of society, institutions and workplace, where gender equality should be implemented in a transformed cultural framework.Less
This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The chapter examines the different strategies used across time to implement gender equality in the EU and how this conceptualisation led to the current approach of gender mainstreaming. In particular, three phases are identified and discussedinthe chapter: equal treatment, positive action and gender mainstreaming.
The last one is discussed deeply because itformed a substantial and important backbone in the context of the individual rights of citizens of the Union by creating a basis of equal rights guaranteed to all, regardless of gender.
The goal pursued by gender mainstreaming approach consists of a deep change in the organizational culture of society, institutions and workplace, where gender equality should be implemented in a transformed cultural framework.
Kari Jacobsen and Gerd Vollset
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9781847429339
- eISBN:
- 9781447307679
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847429339.003.0007
- Subject:
- Social Work, Children and Families
This chapter outlines the current situation and the recent development of the early childhood education and care (ECEC) sector in Norway, focusing on more recent history. In particular the chapter ...
More
This chapter outlines the current situation and the recent development of the early childhood education and care (ECEC) sector in Norway, focusing on more recent history. In particular the chapter focuses on the introduction of a legal right to a place from the age of one in 2009 and the change of the financing schemes in 2011 which have supported the Norwegian childcare market. Norway has managed to harness the talents of not-for-profit providers alongside public bodies to deliver an accessible ECEC service system. Both municipal and non-municipal early childhood education and care institutions receive equal economic treatment, including funding via block grants from the state administrated by the municipalities. These also operate a coordinated admissions process and there is a maximum price ceiling on parental fees. The system offers parents choice, but outside of a for-profit system. This was achieved by using a wide-reaching regulatory system and judiciously targeted – and generous – funding in line with this system. The two authors describe how this came about as a result of a strong vision on the part of government and Norwegian society on how to ensure equity and quality for children and their parents.Less
This chapter outlines the current situation and the recent development of the early childhood education and care (ECEC) sector in Norway, focusing on more recent history. In particular the chapter focuses on the introduction of a legal right to a place from the age of one in 2009 and the change of the financing schemes in 2011 which have supported the Norwegian childcare market. Norway has managed to harness the talents of not-for-profit providers alongside public bodies to deliver an accessible ECEC service system. Both municipal and non-municipal early childhood education and care institutions receive equal economic treatment, including funding via block grants from the state administrated by the municipalities. These also operate a coordinated admissions process and there is a maximum price ceiling on parental fees. The system offers parents choice, but outside of a for-profit system. This was achieved by using a wide-reaching regulatory system and judiciously targeted – and generous – funding in line with this system. The two authors describe how this came about as a result of a strong vision on the part of government and Norwegian society on how to ensure equity and quality for children and their parents.