Policy of Equal Opportunities in the European Union Protection of human rights and basic freedoms has not originally

been the EU activity area, but it arose from the need to create a complete and functional internal market. Thus, for the first time, the provisions on prohibition of discrimination refer to the equality at the job position. However, currently the equality between men and women is one of the basic principles of the Acquis communautaire. Introduction of this principle is as old as the process of European integration, and thus ensuring of equal opportunities (Art. 2 of the Treaty establishing the European Community), equal treatment of men and women in all activities (Art. 3) and fight against all kinds of gender-based discrimination (Art. 13 Treaty establishing the European Community) were included in the goals of the whole process. The principle of equality can be also found in the social provisions of the Treaty (Art. 137 and 141) with respect to the access to the labor market, job positions and equal remunerations for the same type of jobs. The Charter on the Fundamental Rights of the European Union (2000, which became, by the Treaty of Lisbon in 2009, a part of the Acquis Communautaire of the EU) also outlaws all kinds of discrimination, particularly those based on gender and the obligation of ensuring equality between men and women in all activities. Additionally, the Treaty on establishing Constitution for Europe (Art. I-2) and the Treaty of Lisbon include equality between men and women as one of the values, thus raising equal opportunities to the level of European values. The EU activity in this field has, so far, referred to ensuring equal position during employment, at work, more specifically in the job perfuming environment, at the accessibility of education and similar fields. Corpus Iuris, standards created in this field, are, together with judgments of the Court of Justice of the EC (about 200 in this field) part of the Acquis (legal order of the European Union) accepted by each state aspiring to become member of the EU. As special measures dealing with the equality between women and men, EU has adopted a considerable number of directives (decisions defining a respective standard and the deadline until which it should become a part of internal legislation of the member states, leaving to them the option to decide on their own way to do it). The first adopted measure referred to the harmonization of laws of the member states regarding general application of the principle of equal opportunities (Directive 75/117). The key instrument is the Directive on application of the principle of equal treatment of women and men with respect to employment, education, promotion and working conditions (76/207). It was amended in 2002 containing now also the definition of the sexual harassment it is a form of discrimination based on the gender and elements of protection have been foreseen for that. Provisions on equal opportunities are also existing in a part of foundation acts referring to the social insurance.. It remains within the jurisdiction of the member states, but the EU requests them to ensure adherence to the principle of equal opportunities in their social insurance systems. Regarding the social protection, EU requests from its member states improvements in the field of safety and health protection at work for pregnant workers and mothers, particularly breastfeeding ones, as well as with respect to the maternity leave. A particularly important part of the EU policy of equal opportunities is the introduction of the special focus on improving the gender position in all EU policies (Gender mainstreaming). Thus the gender equality principle begins to refer to all activities of the EU, and it is defined in EU documents, which as a monitoring measure understand reporting, but also financing of all activities. The key document here is the Framework Strategy of Gender Equality (2001-2005). Such a strategic approach represents a significant improvement, because it replaced previous

individual activities of the EC, with the basic objective to contribute to the fight against gender inequality in the economic, political, civil and social aspects of life. The Strategy emphasizes two main directions: Focusing on gender mainstreaming in all EC policies which have a direct or indirect impact on equality proactive intervention Introduction of special measures for women necessary for eliminating the existing gender inequality. To achieve such focus, the Strategy defines three operational objectives, which are also necessary because of the so called Lisbon Strategy of EU Development (which has a goal to create EU as the most competitive market until 2010). Actually, operational economic goals are concerned: strengthening of gender dimension of the European Employment Strategy, stronger use of structural funds for improvement of equality and further development of strategies for strengthening the gender mainstreaming in all policies influencing the position of women in the economy. Operationalization of this Strategy is the Road Map for Equality between Women and Men (2006-2010). One of very important elements of the EU policy of equal opportunities in the improvement of equal representation, as the small number of women included in the political activities represents, according to EU opinion, poses a problem in the wider framework of the economic deficit. The Strategy proposes various measures for elimination of this issue: Improvement of gender balance in the political decision-making assessment of influence of the electoral system, legislation, quotas and other measures and introduction of knowledge enhancement activities Improvement of gender balance in economical and social decision-making Improvement of gender balance in the European Commission As a very important instrument accompanying the implementation of the Gender Equality Strategy, Daphne (I and II) Program was created. By this Program the EU endeavors to achieve a high level of protection of the physical and mental health, through the protection of children, young people and women from violence. Daphne Program defines the health in the same way as the World Health Organization (WHO) as the condition of complete physical, mental and social well-being and not merely the absence of disease. It is based on national programs, but represents the center for exchange of information and good practice. Its additional value lies in the fact that it represents the first cooperative activity of the European non-governmental organizations in the fight against violence they are in charge of rendering services which the central government bodies can not render. Also, this Program is particularly open, as the part of pre-accession strategy, to the candidate states (since quite recently to the states of the West Balkans as well). Regarding its budget, the Daphne I funds amounted to 20 million EUR, and the Daphne II (2004-2008) Fund was increased to 41 million EUR, with the basic reason being greater needs due to the enlargement with Central and Eastern Europe states. Each year the European Commission prepares the Report on equality between women and men in the Union. In the last report, made for 2009, progress towards greater equality has been established a positive trend, more girls in the secondary and high school education, while the majority of graduated students are women (however, they are still in minority at the PhD studies). And, in spite of all efforts and measures, the salary gap is still present more in the private then in the government sector, and the women are still more exposed to poverty. The report also calls for better inclusion of women at the labor market, in order to achieve the goal from the Lisbon Strategy 60% women at this market, while with respect to the participation in the political life mobilization of governments, political parties and all social partners would be required in order to ensure balanced representation of women in decision-making.

Upon the Commission proposal, the Council of Ministers of the EU adopted in 2006 the Regulation on Establishing the European Institute for Gender Equality, which serves as technical to the bodies (especially to the Commission) and member states in their fight against genderbased discrimination and in enhancement of the equality in all areas of EU jurisdiction. Its major activity encompasses collection and exchange of information, development of instruments and dissemination of information on the status of the gender equality at the EU level. Financing in this area amounts to 3.24 billion EUR at the annual level. Funds go through EQUAL initiative, which works on the promotion of new methods for the fight against discrimination and inequality at the labor market (and the funds are available from the European Social Fund). Useful links: O On the Policy of Equal Opportunities, see: http://europa.eu/pol/socio/index_en.htm or http://ec.europa.eu/social/main.jsp?catId=418&langId=en Legal acts related to this Policy: http://europa.eu/legislation_summaries/employment_and_social_policy/equality_between_men_a nd_women/index_en.htm