EU & Spain’s Gender Equality Policies: A Historical Overview
Gender Equality Policies in the EU and Spain
1. Introduction
Participation in the workplace on equal terms, fair remuneration, career advancement, and involvement in cultural and decision-making processes, both public and private, are fundamental to achieving gender equality. This holds true in both national and European contexts.
2. Principles and Performance Measures for Equality in the EU
2.1 Principles
Article 119 of the Treaty of the EU mandates equal pay for equal work between genders. The social revolution of 1968 and the rise of the second-wave feminist movement propelled the inclusion of equality, not just economically but also socially, into the EU’s social agenda.
This recognition of gender equality has evolved through various community initiatives impacting policies governing access to employment, vocational training and promotion, equal treatment in safety and health at work (especially for pregnant workers and maternity/paternity leave), and more recent directives on the burden of proof in sex discrimination cases and the legal framework for part-time work.
The EU’s commitment to integrating the principle of equality into social, cultural, and economic policies strengthens with the ongoing institutional consolidation of the community project.
2.2 Initiatives and Programs
The EU has launched several initiatives and action programs, including the Program of Action for Equal Opportunities.
In 2000, the EU adopted a Community Framework Strategy on Gender Equality for 2001-2005. Its objectives included promoting gender equality in economic life, ensuring equal participation and representation, guaranteeing access to and full realization of social rights for men and women, achieving equality in civil life, and fostering changes in gender roles and stereotypes.
The Action Program coordinates, supports, and funds the implementation of horizontal activities within the Framework Strategy’s action fields. Its main objectives are to promote and disseminate the values and practices underpinning equality between women and men. This involves a deeper understanding of equality, including gender discrimination, examining the effectiveness of policies and practices through prior analysis, monitoring their implementation, and conducting impact assessments. It empowers stakeholders to promote gender equality effectively, particularly by encouraging the exchange of information and good practices, and networking at the Community level. Alongside this plan, the EU is developing initiatives and pilot projects in which NGOs and public administrations can participate.
The EQUAL program focuses on reconciling family life and reintegrating men and women who have left the labor market through flexible work organization and support services. It also aims to reduce gender imbalances and support the elimination of occupational segregation.
The Daphne initiative is designed to combat violence against children, adolescents, and women, particularly violence involving sexual exploitation and abuse.
3. The Policy of Equal Opportunity in Spain: Legal Framework, Political and Administrative Structures, and Plans
3.1 The Regulatory Framework Prior to the 1978 Constitution
Before the Constitution, women held a legally subordinate position. The Civil Code dictated that a wife must protect and obey her husband, placing her in a position comparable to a lack of rights and decision-making opportunities. Due to these conceptions, legislation aimed to impede women, especially married women with children, from working outside the home. The statement in the Labor Law (a fundamental law of the Franco regime) that the State should release women from work exemplifies this mentality.
These legal measures did not prevent women from working outside the home, although often in lower-paying jobs. Various legal reforms undertaken between the 1960s and 1970s mitigated discrimination in political, professional, and labor spheres. However, amidst the political transition, the Industrial Relations Act finally equated women and men occupationally.
3.2 The 1978 Constitution: A Big Milestone
The 1978 Constitution marked a definitive shift towards a new orientation. Article 14 establishes the full equality of all citizens, prohibiting discrimination based on sex, among other grounds. It also mandates that public authorities remove obstacles to gender equality.
3.3 Administrative Structure: The Secretariat General Policies of Equality and Women’s Institute
The Women’s Institute, an autonomous body currently seconded to the General Secretariat for Equality Policies, was created in 1983. It is responsible for promoting equal opportunities policies to enhance women’s presence in all areas. Its key functions include coordinating policies with the General, Regional, and Local Administrations, promoting the participation of social partners, analyzing, developing, coordinating, and monitoring the implementation of action programs of the General Administration of State concerning equal opportunities between women and men in all areas, and coordinating with relevant agencies on the management of regulations on equal opportunities, assessment, management, planning, and coordination of public policies.