Kvinnor, jämställdhet och socialförsäkring i EU

Abstract

Equality between women and men has been part of the Rome treaty since its beginning. The treaty entails in article 119 a provision for equal pay. A number of equality-directives has been issued np through the seventiesand eighties, among them the directive on equality within social security. The theme of the artide is an evaluation of this EUdirective seen in the light of Nordic legal tradition concerning the position of women. Formål and real equality between women and men is a main principle for the Union, as well as the total integration of women in the work-force is a goal for EU. Social security legislation in the different member states mirrors however still the role of dependant housewifes, whose social rights are derived from their husbands. There is in union-regulation and court-practice a tension between the still existing need to give house-wifes proper legal protection and the reqnirement to develop rights for women in the work märket. It is the author's view that the trend indicates that there is no other alternative for women than going into paid employment. The house-wife is a dying race. In this process the Union allows the member states full freedom to modernise their legislation accordingly. In modernising the legislation, one must however be aware of the temptation for the member states to create equality on the lowest possible level, "levelling down" in stead of "levelling iip". As a result of this women may in this process lose rights in stead of gaining rights becanse the legal position of men will be the standard for women too. The author holds that the obstacles to improve women's rights do not come from EUlevel, but from the different member states. The question is posed, whether the European Court after a period of dynamic interpretation style concerning the equality principle is going into a more hesitant phase.