Gender Equality under the Charter of Fundamental Rights - a new lease for positive action?

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

This paper, which was published as a chapter of a Festskrift for Professor Ruth Nielsen, analyses Article 23 CFREU, the new provision on gender equality. It argues that Article 23 adds to the notion of gender equality in EU law, and not only allows, but also demands positive action measures if necessary to ensure equality between women and men. The provision also demands that positive action measures are suitable to achieve their aim. This implies that the EU legislator has to adapt positive action measure to the specific needs of the sector. The paper offers a critique of the proposal to introduce women quotas in board rooms, as proposed by the EU Commission in late 2012. It argues that the Commission unimaginatively copied rules developed for the German public service into a different sector, although these rules have not proven particularly efficient even in the public service. Consequently, a proposal that is demanding, but adapted to the sector should be developed.
Original languageEnglish
Title of host publicationFestkrift Libera Amicarum et Amicorum in Honour of Ruth Nielsen
EditorsJens Fejø, Ulla Neergaard, Christina Tvarnø, Grit Olykke
Place of PublicationCopenhagen
PublisherDJOF Publishing
Pages299
Number of pages322
Publication statusPublished - 2013

Keywords

  • Equality
  • Positive Action
  • European Union
  • Boards
  • Quota
  • Charter of Fundamental Rights for the European Union

ASJC Scopus subject areas

  • Law

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  • Cite this

    Schiek, D. (2013). Gender Equality under the Charter of Fundamental Rights - a new lease for positive action? In J. Fejø, U. Neergaard, C. Tvarnø, & G. Olykke (Eds.), Festkrift Libera Amicarum et Amicorum in Honour of Ruth Nielsen (pp. 299). DJOF Publishing.