International law

Convention for the Protection of Human Rights

Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (Journal of Laws 1993 No. 61, item 284) (European Convention for Human Right)

Article 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Basic informations

ECHR is one of the first international agreements which comprehensively concerned the protection of human rights, including, among others, right to life, prohibition of torture, right to liberty and security of person, right to respect for private and family life.

Among the fundamental principles to which the enjoyment of rights and freedoms set forth in this Convention is subordinated, there is the prohibition of discrimination. The Convention also provides the possibility of bringing an effective remedy to a competent public authority by any person whose rights and freedoms contained in this Convention have been violated.

Source: European Convention on Human Rights

International Labour Organisation Convention on discrimination in employment and occupation

International Labour Organisation Convention No. 111 on discrimination in employment and occupation adopted in Geneva on 25 June 1958

Article 1 – Definitions

For the purpose of this Convention the term “discrimination” includes:

a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;

b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations, where such exist, and with other appropriate bodies.

Article 2 – Goals

Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

Basic informations

The convention was adopted by the General Conference of the International Labour Organisation on 25 June 1958 in Geneva and its main aim was to introduce the obligation for Member States to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate any discrimination in respect thereof.

International Labour Organisation (ILO) Convention No. 111 is one of the earliest adopted and most important acts of law referring to discrimination in employment. According to its wording – each state adopting the Convention is obliged to pursue an active national policy in the area of fighting against discrimination and unequal treatment in employment.

Already the first article includes a definition of discrimination which is understood as any distinction, exclusion or preference made on the basis of any of the listed features, infringing the principle of equality of opportunity for all people.

The Convention also determined how the states-members are expected to achieve the intended objectives – among others by pursuing a national policy designed to promote equality of opportunity in employment, enacting legislation and supporting programmes aiming at strengthening and full implementation of equality policy or repealing any statutory provisions and modifying any administrative instructions or practices which are inconsistent with the equality policy.

Source: International Labour Organisation Convention on discrimination in employment and occupation

International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights of 16 December 1996 (Journal of Laws 1977 No. 38, item 167)

Article 2

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Basic informations

The International Covenant on Civil and Political Rights is one of the most important acts of international law discussing basic human rights.

Already at the beginning of the provisions concerning, among others, inherent right to life, liberty, security of person, it was indicated that all States Parties to the Covenant shall guarantee such rights to all persons regardless of any features or differences. Furthermore, each State Party undertakes to adopt appropriate measures aiming at adoption of appropriate legislation that:

a) ensures an effective remedy to any person whose rights or freedoms as recognised in the Covenant have been violated, notwithstanding that the violation has been committed by persons acting in an official capacity;

b) ensures that the right of every person claiming such a remedy shall be determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and develops the possibilities of judicial remedy;

c) ensures enforcing remedies when granted by the competent authorities.

Source: International Covenant on Civil and Political Rights

The Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women, adopted on 18 December 1979 by the UN General Assembly

Article 1

For the purposes of the present Convention, the term “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education (…).

Basic informations

The Convention, called also the CEDAW Convention, was adopted by the UN General Assembly in 1979 and it mainly concerns the legal situation of women as well as needs for pursuing a policy eliminating discrimination against women.

The Convention refers, among other things, to the provisions of the Universal Declaration of Human Rights, which emphasize the inadmissibility of discrimination and the need to recognize that all human beings are born free and equal, and that each of them has the right to enjoy the rights proclaimed therein, regardless of gender.

The Convention is one of the most important instruments of international law, comprehensively regulating the issue of gender discrimination and imposing on states the obligation to introduce specific solutions and standards to counteract unequal and biased treatment of women and men.

The provisions of the Convention clearly indicate the need to ensure identical rights for women and men in all spheres of life and to provide them with greater legal protection.

According to its provisions, discrimination against women is any distinction, exclusion, or restriction based on sex that results in, or is intended to, impair or prevent women – regardless of their marital status – from recognizing, realizing, or exercising, on an equal basis with men, human rights and fundamental freedoms in political, economic, social, cultural, civil, and other areas.

The Convention broadly addresses the issue of gender discrimination, condemning all its manifestations and imposing on states the obligation to pursue active policies aimed at its elimination in political, social, economic, and cultural life. States that have adopted and ratified the Convention have committed to introducing regulations that accelerate the effective achievement of equality between women and men.

The CEDAW Convention mandates the introduction of regulations that would end discrimination against women in political and public life, law, employment, education, and access to education and healthcare. It also permits the use of so-called positive discrimination.

A significant portion of the Convention is devoted to the obligation to eliminate unequal treatment of women in political and public life, in particular by guaranteeing them the right to vote, participate in shaping state policy, hold public office, and participate in non-governmental organizations and associations involved in public and political affairs.

The Convention devotes particular attention to the issue of equal treatment in employment, requiring states to take all appropriate measures to eliminate discrimination against women in this area. This is expressed, among other things, by:

prohibiting the dismissal of women on the grounds of marital status, pregnancy or maternity leave;
introducing maternity leave with the right to renumeration or other equivalent social benefits;
promoting solutions that enable parents to combine family, professional, and social responsibilities;
ensuring special protection for pregnant women in hazardous work.

Another important provision of the Convention is the establishment of the Committee on the Elimination of Discrimination against Women, whose primary task is to monitor the implementation of its provisions by States Parties and assess progress in their implementation into national legal systems.

Furthermore, States Parties have committed to submitting reports to the Secretary-General of the United Nations on the legislative, judicial, and administrative measures taken to implement the provisions of the Convention.

Source: The Convention on the Elimination of All Forms of Discrimination against Women

Charter of Fundamental Rights of the European Union

Charter of Fundamental Rights of the European Union

Article 20 – Equality before the law

Everyone is equal before the law.

Article 21 – Non-discrimination

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

2. Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be prohibited.

Article 23 – Equality between men and women

Equality between men and women must be ensured in all areas, including employment, work and pay.

The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Article 25 – The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

Article 26 – Integration of persons with disabilities

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

It enshrines in European Union (EU) law a range of personal, civil, political, economic and social rights of EU citizens and residents.

Basic informations

The Charter of Fundamental Rights of the European Union reaffirms, with due regard for the EU’s powers and tasks and for the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to EU countries, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the EU and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. By making fundamental rights clearer and more visible, it creates legal certainty within the EU.

The charter applies to the European institutions, subject to the principle of subsidiarity, and may under no circumstances extend the powers and tasks conferred on them by the treaties. The charter also applies to EU countries when they implement EU law.

The Charter of Fundamental Rights contains a preamble and 54 articles, grouped in 7 chapters:

chapter I: Dignity – human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour;
chapter II: Freedoms – the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition;
chapter III: Equality – equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities);
chapter IV: Solidarity – workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer protection;
chapter V: Citizens’ rights – the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection;
chapter VI: Justice – the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence;
chapter VII: General provisions.

The Charter applies to European institutions, which are subject to the principle of subsidiarity, and may not, under any circumstances, extend the scope of the competences conferred on them by the TEU and the TFEU or the tasks conferred on them by those treaties. Furthermore, the Charter applies to EU countries when they implement EU law.

If any of the rights in the Charter correspond to rights guaranteed by the 1950 European Convention on Human Rights, their meaning and scope are the same as those of the rights set out in the Convention, although the protection afforded by EU law may be more extensive.

Source: Charter of Fundamental Rights of the European Union

EU Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

Article 1 – Purpose

The purpose of this Directive is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the Member States the principle of equal treatment.

Article 2 – Concept of discrimination

1. For the purposes of this Directive, the principle of equal treatment shall mean that there shall be no direct or indirect discrimination based on racial or ethnic origin.

2. For the purposes of paragraph 1:

(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin;

(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

3. Harassment shall be deemed to be discrimination within the meaning of paragraph 1, when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.

4. An instruction to discriminate against persons on grounds of racial or ethnic origin shall be deemed to be discrimination within the meaning of paragraph 1.

Article 3 – Scope

1. Within the limits of the powers conferred upon the Community, this Directive shall apply to all persons, as regards both the public and private sectors, including public bodies, in relation to:

(a) conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

(b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

(d) membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations;

(e) social protection, including social security and healthcare;

(f) social advantages;

(g) education;

(h) access to and supply of goods and services which are available to the public, including housing.

2. This Directive does not cover difference of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons on the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.

Article 5 – Positive action

With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.

Article 7 – Defence of rights

1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

2. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

3. Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment.

Article 13 – Bodies for the promotion of equal treatment

1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals’ rights.

2. Member States shall ensure that the competences of these bodies include:

without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 7(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination,
conducting independent surveys concerning discrimination,
publishing independent reports and making recommendations on any issue relating to such discrimination.

Basic informations

The Council Directive 2000/43/EC, commonly referred to as the Racial Equality Directive, was the first legislative measure adopted under Article 13 of the Treaty establishing the European Community (now Article 19 TFEU).

Its central aim is to implement in Member States the principle of equal treatment between persons irrespective of racial or ethnic origin and to establish a common minimum standard of protection against such discrimination across the EU.

The directive has a wide material scope, extending beyond the sphere of employment and occupation to include education, social protection (with particular reference to social security and healthcare), social advantages, and access to goods and services available to the public, including housing.

The directive defines several forms of prohibited conduct.

Direct discrimination arises where one person is treated less favourably than another in a comparable situation on the ground of racial or ethnic origin, while indirect discrimination occurs when an apparently neutral provision, criterion or practice puts persons of a particular racial or ethnic origin at a particular disadvantage, unless it is objectively justified by a legitimate aim pursued by appropriate and necessary means.

Harassment is likewise considered a form of discrimination, encompassing unwanted conduct related to racial or ethnic origin that violates a person’s dignity or creates an intimidating, hostile or offensive environment. Importantly, the directive also makes clear that an instruction to discriminate constitutes a form of unlawful discrimination. At the same time, it recognises the legitimacy of positive action, allowing Member States to adopt specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin, thereby promoting substantive rather than merely formal equality.

In terms of enforcement, the directive obliges Member States to provide effective judicial and administrative procedures for victims of discrimination, including rules on the sharing of the burden of proof: once a complainant establishes facts from which discrimination may be presumed, the onus shifts to the respondent to prove that no breach of the principle of equal treatment has occurred.

Protection against victimisation is also guaranteed, ensuring that individuals are not subjected to adverse treatment for bringing forward complaints or participating in proceedings. A notable institutional innovation introduced by the directive is the requirement for Member States to designate equality bodies, independent institutions empowered to assist victims, conduct surveys, issue recommendations and generally promote the principle of equal treatment.

Source: EU Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

EU Directive establishing a general framework for equal treatment in employment and occupation

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

Article 1 – Purpose

The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.

Article 2 – Concept of discrimination

1. For the purposes of this Directive, the “principle of equal treatment” shall mean that there shall be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1.

2. For the purposes of paragraph 1:

(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1;

(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons (…).

3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.

4. An instruction to discriminate against persons on any of the grounds referred to in Article 1 shall be deemed to be discrimination within the meaning of paragraph 1.

Article 5 – Reasonable accommodation for disabled persons

In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, reasonable accommodation shall be provided. This means that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the disability policy of the Member State concerned.

Article 7 – Positive action

1. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to any of the grounds referred to in Article 1.

2. With regard to disabled persons, the principle of equal treatment shall be without prejudice to the right of Member States to maintain or adopt provisions on the protection of health and safety at work or to measures aimed at creating or maintaining provisions or facilities for safeguarding or promoting their integration into the working environment.

Article 9 – Defence of rights

2. Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. (…).

Basic informations

Council Directive 2000/78/EC aims to ensure that persons of a particular religion or belief, disability, age or sexual orientation do not suffer from discrimination and instead enjoy equal treatment in the workplace.

It covers both direct discrimination (differential treatment based on a specific characteristic) and indirect discrimination (any provision, criterion or practice which is apparently neutral but puts the people in the above categories at a disadvantage compared to others). Harassment, which creates a hostile environment, is deemed to be discrimination.

The directive applies to all individuals, whether they are working in the public or private sectors, in relation to:

conditions of access to employed or self-employed activities, including selection criteria and recruitment conditions and including promotion;
vocational training;
employment and working conditions (including dismissals and pay);
membership of and involvement in an organisation of employers or workers or any other organisation whose members carry out a particular profession.

The directive does not cover differences of treatment based on nationality or payments of any kind made by State schemes, including State social security or social protection schemes.

EU countries are obliged to ensure that judicial and/or administrative procedures are available to all people who consider themselves wronged by a failure to apply the principle of equal treatment to them. This still applies even after the relationship in which the discrimination is alleged to have occurred has ended.

Source: EU Directive establishing a general framework for equal treatment in employment and occupation

EU Directive on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

Article 2

1. For the purposes of the following provisions, the principle of equal treatment shall mean that there shall be no discrimination whatsoever on grounds of sex either directly or indirectly by reference in particular to marital or family status.

2. For the purposes of this Directive, the following definitions shall apply:

– direct discrimination: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation,

– indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary,

– harassment: where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment,

– sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

3. Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited.

A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

4. An instruction to discriminate against persons on grounds of sex shall be deemed to be discrimination within the meaning of this Directive.

5. Member States shall encourage, in accordance with national law, collective agreements or practice, employers and those responsible for access to vocational training to take measures to prevent all forms of discrimination on grounds of sex, in particular harassment and sexual harassment at the workplace.

6. Member States may provide, as regards access to employment including the training leading thereto, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

7. This Directive shall be without prejudice to provisions concerning the protection of women, particularly as regards pregnancy and maternity.

A woman on maternity leave shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post on terms and conditions which are no less favourable to her and to benefit from any improvement in working conditions to which she would be entitled during her absence. (…).

Article 3

1. Application of the principle of equal treatment means that there shall be no direct or indirect discrimination on the grounds of sex in the public or private sectors, including public bodies, in relation to:

(a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

(b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

(d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.

2. To that end, Member States shall take the necessary measures to ensure that:

(a) any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished;

(b) any provisions contrary to the principle of equal treatment which are included in contracts or collective agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers’ and employers’ organisations shall be, or may be declared, null and void or are amended.” (…).

Article 6

2. Member States shall introduce into their national legal systems such measures as are necessary to ensure real and effective compensation or reparation as the Member States so determine for the loss and damage sustained by a person injured as a result of discrimination contrary to Article 3, in a way which is dissuasive and proportionate to the damage suffered; such compensation or reparation may not be restricted by the fixing of a prior upper limit, except in cases where the employer can prove that the only damage suffered by an applicant as a result of discrimination within the meaning of this Directive is the refusal to take his/her job application into consideration.

3. Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainants, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

Article 8a

1. Member States shall designate and make the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds of sex. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals’ rights.

2. Member States shall ensure that the competences of these bodies include:

(a) without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 6(3), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination;

(b) conducting independent surveys concerning discrimination;

Basic informations

Directive 2002/73/EC significantly amended the original Directive 76/207/EEC, strengthening the EU framework on gender equality in employment. Its adoption reflected the need to update the 1976 directive in light of evolving case law of the Court of Justice of the EU and the broader anti-discrimination framework introduced by the Treaty of Amsterdam and the 2000 directives.

The amended directive reaffirmed that the principle of equal treatment between men and women means the elimination of direct and indirect discrimination on grounds of sex in access to employment, vocational training, promotion, and working conditions.

One of the most important innovations was the requirement for effective enforcement mechanisms. Member States had to ensure that victims of discrimination could access judicial and/or administrative procedures, even after an employment relationship had ended.

The directive introduced rules on the burden of proof, providing that once a claimant establishes facts suggesting discrimination, it is for the respondent to prove that equal treatment has not been breached. It also strengthened protection against victimisation, safeguarding workers against adverse treatment for asserting their rights under the directive.

Directive 2002/73/EC further obliged Member States to create or designate equality bodies with the task of promoting equal treatment, assisting victims of discrimination, conducting surveys and publishing reports. It also reiterated that the directive does not preclude positive action—that is, measures to promote equal opportunities and eliminate persistent inequalities.

Source: EU Directive on the implementation of the principle of equal treatment for men and women as regards access to employment

EU Directive implementing the principle of equal treatment between men and women in the access to and supply of goods and services

Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

Article 1 – Purpose

The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.

Article 2 – Definitions

For the purposes of this Directive, the following definitions shall apply:

(a) direct discrimination: where one person is treated less favourably, on grounds of sex, than another is, has been or would be treated in a comparable situation;
(b) indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;
(c) harassment: where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
(d) sexual harassment: where any form of unwanted physical, verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

Article 4 – Principle of equal treatment

1. For the purposes of this Directive, the principle of equal treatment between men and women shall mean that

(a) there shall be no direct discrimination based on sex, including less favourable treatment of women for reasons of pregnancy and maternity;

(b) there shall be no indirect discrimination based on sex.

2. This Directive shall be without prejudice to more favourable provisions concerning the protection of women as regards pregnancy and maternity.

3. Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited. A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

4. Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of this Directive.

5. This Directive shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Article 6 – Positive action

With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex.

Article 8 – Defence of rights

1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of the obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

2. Member States shall introduce into their national legal systems such measures as are necessary to ensure real and effective compensation or reparation, as the Member States so determine, for the loss and damage sustained by a person injured as a result of discrimination within the meaning of this Directive, in a way which is dissuasive and proportionate to the damage suffered. The fixing of a prior upper limit shall not restrict such compensation or reparation.

3. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

4. Paragraphs 1 and 3 shall be without prejudice to national rules on time limits for bringing actions relating to the principle of equal treatment.

Article 10 – Victimisation

Member States shall introduce into their national legal systems such measures as are necessary to protect persons from any adverse treatment or adverse consequence as a reaction to a complaint or to legal proceedings aimed at enforcing compliance with the principle of equal treatment.

Article 12 – Bodies for the promotion of equal treatment

2. Member States shall ensure that the competencies of the bodies referred to in paragraph 1 include:

(a) without prejudice to the rights of victims and of associations, organisations or other legal entities referred to in Article 8(3), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination;

(b) conducting independent surveys concerning discrimination;

Basic informations

Council Directive 2004/113/EC aims to extend the principle of equal treatment between women and men beyond the labor market and professional life to other areas of everyday life. Its main objective is to create a legal framework to combat gender discrimination in access to goods and services, both in the public and private sectors.

The directive’s provisions apply to all goods and services available to the public outside the sphere of private and family life, regardless of the recipient’s personal situation. “Services” are defined as services provided in exchange for remuneration.

The directive prohibits:

any less favourable treatment on grounds of sex;
any less favourable treatment of women on grounds of pregnancy or motherhood;
harassment, sexual harassment or any incitement to discriminate with regard to the offer or supply of goods or services.

Only differences in treatment based on a legitimate and proportionate aim are permissible, for example, in the case of shelters for victims of sexual violence (designated exclusively for women), private single-sex clubs, or sports competitions organized separately for women and men. The principle of equal treatment does not preclude the introduction of specific measures to compensate for gender-based disadvantages in access to goods and services.

Each Member State is required to designate a body (or bodies) responsible for promoting and monitoring equal treatment. Its tasks include:

(i) providing independent assistance to victims of discrimination,

(ii) conducting independent studies,

(iii) publishing independent reports and making recommendations.

The Directive guarantees individuals affected by discrimination the right to effective protection, including the possibility of seeking redress before courts and administrative bodies and obtaining appropriate compensation or redress. This right is also available to associations, organizations, and other legal entities promoting equal treatment.

Source: EU Directive implementing the principle of equal treatment between men and women in the access to and supply of goods and services

EU Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

Article 1 – Purpose
The purpose of this Directive is to ensure the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. To that end, it contains provisions to implement the principle of equal treatment in relation to:
(a) access to employment, including promotion, and to vocational training;
(b) working conditions, including pay;
(c) occupational social security schemes.
It also contains provisions to ensure that such implementation is made more effective by the establishment of appropriate procedures.

Article 2 – Definitions
1. For the purposes of this Directive, the following definitions shall apply:
(a) “direct discrimination”: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation;
(b) “indirect discrimination”: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;
(c) “harassment”: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
(d) “sexual harassment”: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment (…).

Article 3 – Positive action
Member States may maintain or adopt measures within the meaning of Article 141(4) of the Treaty with a view to ensuring full equality in practice between men and women in working life.

Article 4 – Prohibition of discrimination
For the same work or for work to which equal value is attributed, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated. In particular, where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.

Article 5 – Prohibition of discrimination
Without prejudice to Article 4, there shall be no direct or indirect discrimination on grounds of sex in occupational social security schemes, in particular as regards:
(a) the scope of such schemes and the conditions of access to them;
(b) the obligation to contribute and the calculation of contributions;
(c) the calculation of benefits, including supplementary benefits due in respect of a spouse or dependants, and the conditions governing the duration and retention of entitlement to benefits.

Article 14 – Prohibition of discrimination
1. There shall be no direct or indirect discrimination on grounds of sex in the public or private sectors, including public bodies, in relation to:
(a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
(b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;
(c) employment and working conditions, including dismissals, as well as pay as provided for in Article 141 of the Treaty;
(d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.
2. Member States may provide, as regards access to employment including the training leading thereto, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that its objective is legitimate and the requirement is proportionate.

Article 15 – Return from maternity leave
A woman on maternity leave shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post on terms and conditions which are no less favourable to her and to benefit from any improvement in working conditions to which she would have been entitled during her absence.

Article 17 – Defence of rights
1. Member States shall ensure that, after possible recourse to other competent authorities including where they deem it appropriate conciliation procedures, judicial procedures for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
2. Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. (…).

Article 20 – Equality bodies
1. Member States shall designate and make the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex. These bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguard of individuals’ rights.
2. Member States shall ensure that the competences of these bodies include:
(a) without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 17(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination;
(b) conducting independent surveys concerning discrimination;
(c) publishing independent reports and making recommendations on any issue relating to such discrimination;
(d) at the appropriate level exchanging available information with corresponding European bodies such as any future European Institute for Gender Equality.

Article 26 – Prevention of discrimination
Member States shall encourage, in accordance with national law, collective agreements or practice, employers and those responsible for access to vocational training to take effective measures to prevent all forms of discrimination on grounds of sex, in particular harassment and sexual harassment in the workplace, in access to employment, vocational training and promotion.

Article 29 – Gender mainstreaming
Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.

Basic informations

The objective of Directive 2006/54/EC is to consolidate several directives on gender equality by simplifying, modernising and improving EU legislation in the area of equal treatment for men and women in employment.

Equality between men and women is a fundamental principle of EU law which applies to all aspects of life in society, including to the world of work. This Directive prohibits direct or indirect discrimination between men and women concerning the conditions of:

recruitment, access to employment and self-employment;
dismissals;
vocational training and promotion;
membership of workers’ or employers’ organisations.

In addition, Article 157 of the Treaty on the Functioning of the EU prohibits discrimination on grounds of sex on matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.

EU countries must encourage employers and vocational trainers to act against discrimination (both direct and indirect) on grounds of sex, and particularly against harassment and sexual harassment. Women and men are treated equally under occupational social security schemes, particularly concerning:

the scope and conditions of access to the schemes;
the contributions;
the calculation of benefits, including supplementary benefits, and the conditions governing the duration and retention of entitlement.

EU countries must put in place remedies for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, they shall take the necessary measures to protect employees and their representatives against adverse treatment as a reaction to a complaint within the company or to any legal proceedings. Lastly, they shall establish penalties and reparation or compensation possibilities in relation to the damage sustained.

EU countries appoint bodies whose role it is to promote, analyse and monitor equal treatment, to ensure that the legislation is followed and also to provide independent support to victims of discrimination.

Source: EU Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

EU Directive on work-life balance for parents and carers

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

Article 1 – Subject matter

This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers.

To that end, this Directive provides for individual rights related to the following:

(a) paternity leave, parental leave and carers’ leave;

(b) flexible working arrangements for workers who are parents, or carers.

Article 4 – Paternity leave

1. Member States shall take the necessary measures to ensure that fathers or, where and insofar as recognised by national law, equivalent second parents, have the right to paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker’s child. Member States may determine whether to allow paternity leave to be taken partly before or only after the birth of the child and whether to allow such leave to be taken in flexible ways.

2. The right to paternity leave shall not be made subject to a period of work qualification or to a length of service qualification.

3. The right to paternity leave shall be granted irrespective of the worker’s marital or family status, as defined by national law.

Article 5 – Parental leave

1. Member States shall take the necessary measures to ensure that each worker has an individual right to parental leave of four months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able to exercise their right to parental leave effectively and on an equal basis.

2. Member States shall ensure that two months of parental leave cannot be transferred […]

Article 6 – Carers’ leave

1. Member States shall take the necessary measures to ensure that each worker has the right to carers’ leave of five working days per year. Member States may determine additional details regarding the scope and conditions of carers’ leave in accordance with national law or practice. The use of that right may be subject to appropriate substantiation, in accordance with national law or practice.

2. Member States may allocate carers’ leave on the basis of a reference period other than a year, per person in need of care or support, or per case.

Article 7 – Time off from work on grounds of force majeure

Member States shall take the necessary measures to ensure that each worker has the right to time off from work on grounds of force majeure for urgent family reasons in the case of illness or accident making the immediate attendance of the worker indispensable. Member States may limit the right of each worker to time off from work on grounds of force majeure to a certain amount of time each year or by case, or both.

Article 9 – Flexible working arrangements

1. Member States shall take the necessary measures to ensure that workers with children up to a specified age, which shall be at least eight years, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.

2. Employers shall consider and respond to requests for flexible working arrangements as referred to in paragraph 1 within a reasonable period of time, taking into account the needs of both the employer and the worker. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements.

3. When flexible working arrangements as referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern before the end of the agreed period where justified on the basis of a change of circumstances. The employer shall consider and respond to a request for an early return to the original working pattern, taking into account the needs of both the employer and the worker.

Article 11 – Discrimination

Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave provided for in Articles 4, 5 and 6 or time off from work provided for in Article 7, or that they have exercised the rights provided for in Article 9.

Article 12 – Protection from dismissal and burden of proof

1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for the dismissal of workers, on the grounds that they have applied for, or have taken, leave provided for in Articles 4, 5 and 6, or have exercised the right to request flexible working arrangements referred to in Article 9.

2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave provided for in Articles 4, 5 and 6, or have exercised the right to request flexible working arrangements as referred to in Article 9, may request the employer to provide duly substantiated reasons for their dismissal. With respect to the dismissal of a worker who has applied for, or has taken, leave provided for in Article 4, 5 or 6, the employer shall provide reasons for the dismissal in writing.

3. Member States shall take the measures necessary to ensure that where workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave provided for in Articles 4, 5 and 6 establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed on such grounds, it shall be for the employer to prove that the dismissal was based on other grounds.

Article 14 – Protection against adverse treatment or consequences

Member States shall introduce measures necessary to protect workers, including workers who are employees’ representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings for the purpose of enforcing compliance with the requirements laid down in this Directive.

Article 15 – Equality bodies

Without prejudice to the competence of labour inspectorates or other bodies that enforce the rights of workers, including the social partners, Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex, are competent with regard to issues relating to discrimination falling within the scope of this Directive.

Basic informations

EU Directive 2019/1158, known as the Work–Life Balance Directive, represents a key step in the EU’s strategy to modernise family-related leave entitlements, promote gender equality, and improve work–life balance for working parents and carers.

The directive introduces a package of minimum rights aimed at both mothers and fathers. It grants each parent the right to at least four months of parental leave, of which two months are non-transferable between parents and paid at a level set by national law, thus encouraging men to take leave and promoting a more equal sharing of care responsibilities.

It also strengthens the right to paternity leave, requiring Member States to provide at least 10 working days of leave around the time of birth, paid at least at the level of sick pay. For workers providing personal care or support to relatives, the directive introduces a new right to five working days of carers’ leave per year.

Beyond leave entitlements, the directive establishes a right for parents of children up to at least eight years old, and for carers, to request flexible working arrangements, including reduced working hours, flexible schedules, or remote working. Employers are obliged to consider and respond to such requests, taking into account both their own needs and those of the worker.

The directive also contains important equality and enforcement provisions. It prohibits discrimination or less favourable treatment of workers who exercise their rights under the directive and requires Member States to establish effective remedies and sanctions. By addressing barriers that discourage men from taking leave, it explicitly links work–life balance to the achievement of substantive gender equality in both the labour market and family life.

Source: EU Directive on work-life balance for parents and carers

EU Directive on improving the gender balance among directors of listed companies and related measures

Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures

Article 1 – Purpose

This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

Article 2 – Scope

This Directive applies to listed companies. This Directive does not apply to micro, small and medium-sized enterprises (SMEs).

Article 5 – Objectives with regard to gender balance on boards

1. Member States shall ensure that listed companies are subject to either of the following objectives, to be reached by 30 June 2026:

a) members of the underrepresented sex hold at least 40 % of non-executive director positions;

b) members of the underrepresented sex hold at least 33 % of all director positions, including both executive and non-executive directors.

2. Member States shall ensure that listed companies which are not subject to the objective laid down in paragraph 1, point (b), set individual quantitative objectives with a view to improving the gender balance among executive directors. Member States shall ensure that such listed companies aim to achieve such individual quantitative objectives by 30 June 2026.

3. The number of non-executive director positions deemed necessary to achieve the objective laid down in paragraph 1, point (a), shall be the number closest to the proportion of 40 %, but not exceeding 49 %. The number of all director positions deemed necessary to achieve the objective laid down in paragraph 1, point (b), shall be the number closest to the proportion of 33 %, but not exceeding 49 %. Those numbers are set out in the Annex.

Article 6 – Means to achieve the objectives

1. Member States shall ensure that listed companies which do not achieve the objectives referred to in Article 5(1), point (a) or (b), as applicable, adjust the process for selecting candidates for appointment or election to director positions. Those candidates shall be selected on the basis of a comparative assessment of the qualifications of each candidate. For that purpose, clear, neutrally formulated and unambiguous criteria shall be applied in a non-discriminatory manner throughout the entire selection process, including during the preparation of vacancy notices, the pre-selection phase, the shortlisting phase and the establishment of selection pools of candidates. Such criteria shall be established in advance of the selection process.

2. As regards the selection of candidates for appointment or election to director positions, Member States shall ensure that, when choosing between candidates who are equally qualified in terms of suitability, competence and professional performance, priority is given to the candidate of the underrepresented sex unless, in exceptional cases, reasons of greater legal weight, such as the pursuit of other diversity policies, invoked within the context of an objective assessment which takes into account the specific situation of a candidate of the other sex and which is based on non-discriminatory criteria, tilt the balance in favour of the candidate of the other sex. (…)

Article 10 – Bodies for the promotion of gender balance in listed companies

Member States shall designate one or more bodies for the promotion, analysis, monitoring and support of gender balance on boards. For that purpose, Member States may designate, for example, the equality bodies they have designated pursuant to Article 20 of Directive 2006/54/EC of the European Parliament and of the Council.

Article 11 – Transposition

1. Member States shall adopt and publish, by 28 December 2024 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States which have suspended the application of Article 6 pursuant to Article 12 shall immediately communicate to the Commission the information demonstrating that the conditions laid down in Article 12 are fulfilled.

Basic informations

Directive 2022/2381 represents a significant step towards implementing the principle of equality between women and men in access to top management positions in the European Union. The directive aims to increase gender representation in the management and supervisory bodies of listed companies by establishing a common legal framework that ensures transparency, fairness, and effective monitoring mechanisms. New regulations apply to listed companies with at least 250 employees, excluding micro-enterprises, and to companies registered in EU Member States.

Under the directive, Member States are required to ensure that, by June 30, 2026, listed companies have at least 40% representatives of the under-represented sex among non-executive directors or at least 33% representatives of the under-represented sex among all directors. Where candidates are equally qualified, priority should be given to the person of the under-represented sex. The directive also requires transparent procedures for selecting candidates for director positions, based on objective criteria such as professional qualifications, experience, and competencies.

Furthermore, listed companies are required to report annually on progress in gender balance on their boards, including publishing information on the number of directors by gender and actions taken to increase the representation of the underrepresented sex. Member States are required to ensure effective enforcement mechanisms for the directive’s provisions, including the establishment of sanctions for violations, such as financial penalties or the possibility of invalidating the appointment procedure for members of the management body.

Directive 2022/2381 addresses persistent gender inequalities in access to top management positions in listed companies, despite previous initiatives and self-regulation. Its goal is not only to increase women’s representation on management boards but also to improve management effectiveness by introducing a diversity of perspectives and experiences.

Implementation of the directive in member states aims to establish uniform standards and practices regarding gender balance in listed companies, which will contribute to the further development and integration of the EU internal market.

Source: EU Directive on improving the gender balance among directors of listed companies and related measures

EU Directive on equal pay and pay transparency

Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms

Article 1 – Subject matter

This Directive lays down minimum requirements to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women (the ‘principle of equal pay’) enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.

Article 2 – Scope

1. This Directive applies to employers in public and private sectors.

2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.

3. For the purposes of Article 5, this Directive applies to applicants for employment.

Article 3 – Definitions

1. For the purposes of this Directive, the following definitions apply:

(a) ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly or indirectly (complementary or variable components) in respect of his or her employment from his or her employer;

(b) ‘pay level’ means gross annual pay and the corresponding gross hourly pay;

(c) ‘gender pay gap’ means the difference in average pay levels between female and male workers of an employer expressed as a percentage of the average pay level of male workers; (…)

(g) ‘work of equal value’ means work that is determined to be of equal value in accordance with the non-discriminatory and objective gender-neutral criteria referred to in Article 4(4);

Article 4 – Equal work and work of equal value

1. Member States shall take the necessary measures to ensure that employers have pay structures ensuring equal pay for equal work or work of equal value.

2. Member States shall, in consultation with equality bodies, take the necessary measures to ensure that analytical tools or methodologies are made available and are easily accessible to support and guide the assessment and comparison of the value of work in accordance with the criteria set out in this Article. Those tools or methodologies shall allow employers and/or the social partners to easily establish and use gender-neutral job evaluation and classification systems that exclude any pay discrimination on grounds of sex.

3. Where appropriate, the Commission may update Union-wide guidelines related to gender-neutral job evaluation and classification systems, in consultation with the European Institute for Gender Equality (EIGE).

4. Pay structures shall be such as to enable the assessment of whether workers are in a comparable situation in regard to the value of work on the basis of objective, gender-neutral criteria agreed with workers’ representatives where such representatives exist. Those criteria shall not be based directly or indirectly on workers’ sex. They shall include skills, effort, responsibility and working conditions, and, if appropriate, any other factors which are relevant to the specific job or position. They shall be applied in an objective gender-neutral manner, excluding any direct or indirect discrimination based on sex. In particular, relevant soft skills shall not be undervalued.

Article 5 – Pay transparency prior to employment

1. Applicants for employment shall have the right to receive, from the prospective employer, information about:

(a) the initial pay or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned; and

(b) where applicable, the relevant provisions of the collective agreement applied by the employer in relation to the position.

Such information shall be provided in a manner such as to ensure an informed and transparent negotiation on pay, such as in a published job vacancy notice, prior to the job interview or otherwise.

2. An employer shall not ask applicants about their pay history during their current or previous employment relationships.

3. Employers shall ensure that job vacancy notices and job titles are gender-neutral and that recruitment processes are led in a non-discriminatory manner, in order not to undermine the right to equal pay for equal work or work of equal value (the ‘right to equal pay’).

Article 6 – Transparency of pay setting and pay progression policy

1. Employers shall make easily accessible to their workers the criteria that are used to determine workers’ pay, pay levels and pay progression. Those criteria shall be objective and gender neutral.

2. Member States may exempt employers with fewer than 50 workers from the obligation related to the pay progression set out in paragraph 1.

Article 7 – Right to information

1. Workers shall have the right to request and receive in writing, in accordance with paragraphs 2 and 4, information on their individual pay level and the average pay levels, broken down by sex, for categories of workers performing the same work as them or work of equal value to theirs.

2. Workers shall have the possibility to request and receive the information referred to in paragraph 1 through their workers’ representatives, in accordance with national law and/or practice. They shall also have the possibility to request and receive the information through an equality body.

If the information received is inaccurate or incomplete, workers shall have the right to request, personally or through their workers’ representatives, additional and reasonable clarifications and details regarding any of the data provided and receive a substantiated reply.

3. Employers shall inform all workers, on an annual basis, of their right to receive the information referred to in paragraph 1 and of the steps that the worker is to undertake to exercise that right.

4. Employers shall provide the information referred to in paragraph 1 within a reasonable period of time but in any event within two months from the date on which the request is made.

Article 9 – Reporting on pay gap between female and male workers

1. Member States shall ensure that employers provide the following information concerning their organisation, in accordance with this Article:

(a) the gender pay gap;

(b) the gender pay gap in complementary or variable components;

(d) the median gender pay gap in complementary or variable components;

(e) the proportion of female and male workers receiving complementary or variable components;

(f) the proportion of female and male workers in each quartile pay band;

(g) the gender pay gap between workers by categories of workers broken down by ordinary basic wage or salary and complementary or variable components. […]

Article 10 – Joint pay assessment

1. Member States shall take appropriate measures to ensure that employers who are subject to pay reporting pursuant to Article 9 conduct, in cooperation with their workers’ representatives, a joint pay assessment where all the following conditions are met:

(a) the pay reporting demonstrates a difference in the average pay level between female and male workers of at least 5 % in any category of workers;

(b) the employer has not justified such a difference in the average pay level on the basis of objective, gender-neutral criteria;

(c) the employer has not remedied such an unjustified difference in the average pay level within six months of the date of submission of the pay reporting.

2. The joint pay assessment shall be carried out in order to identify, remedy and prevent differences in pay between female and male workers which are not justified on the basis of objective, gender-neutral criteria, and shall include the following:

(a) an analysis of the proportion of female and male workers in each category of workers;

(b) information on average female and male workers’ pay levels and complementary or variable components for each category of workers;

(d) the reasons for such differences in average pay levels, on the basis of objective, gender-neutral criteria, if any, as established jointly by the workers’ representatives and the employer;

(e) the proportion of female and male workers who benefited from any improvement in pay following their return from maternity or paternity leave, parental leave or carers’ leave, if such improvement occurred in the relevant category of workers during the period in which the leave was taken;

(f) measures to address differences in pay if they are not justified on the basis of objective, gender-neutral criteria;

(g) an evaluation of the effectiveness of measures from previous joint pay assessments.

Article 16 – Right to compensation

1. Member States shall ensure that any worker who has sustained damage as a result of an infringement of any right or obligation relating to the principle of equal pay has the right to claim and to obtain full compensation or reparation, as determined by the Member State, for that damage.

2. The compensation or reparation referred to in paragraph 1 shall constitute real and effective compensation or reparation, as determined by the Member State, for the loss and damage sustained, in a dissuasive and proportionate manner.

3. The compensation or reparation shall place the worker who has sustained damage in the position in which that person would have been if he or she had not been discriminated against based on sex or if there had been no infringement of any of the rights or obligations relating to the principle of equal pay. Member States shall ensure that the compensation or reparation includes full recovery of back pay and related bonuses or payments in kind, compensation for lost opportunities, non-material damage, any damage caused by other relevant factors which may include intersectional discrimination, as well as interest on arrears.

Article 18 – Shift of burden of proof

1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them establish before a competent authority or national court facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no direct or indirect discrimination in relation to pay.

Article 25 – Victimisation and protection against less favourable treatment

1. Workers and their workers’ representatives shall not be treated less favourably on the ground that they have exercised their rights relating to equal pay or have supported another person in the protection of that person’s rights.

2. Member States shall introduce in their national legal systems such measures as are necessary to protect workers, including workers who are workers’ representatives, against dismissal or other adverse treatment by an employer as a reaction to a complaint within the employer’s organisation or to any administrative procedure or court proceedings for the purpose of the enforcement of any rights or obligations relating to the principle of equal pay.

Article 34 – Transposition

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2026. They shall immediately inform the Commission thereof.

Basic informations

EU Directive 2023/970 establishes a comprehensive legal framework strengthening the principle of equal pay for women and men for equal work or work of equal value. Its key innovation is the introduction of binding pay transparency measures and more effective enforcement mechanisms aimed at reducing the gender pay gap in the European Union.

The new regulations require employers to provide information on starting salary levels or pay ranges in job advertisements or before job interviews. At the same time, it is prohibited to ask candidates about their earnings history.

The directive grants employees the right to information on their own remuneration and the average earnings – broken down by gender – for a given category of employees performing the same work or work of equal value. Employers must make this data available in a transparent and timely manner. If the report reveals a pay gap exceeding 5% that cannot be justified by objective and gender-neutral criteria, the employer is required to conduct a joint assessment of the pay system with employee representatives to identify and eliminate unjustified differences.

The directive also strengthens enforcement. Employees harmed by a breach of the equal pay principle are entitled to full compensation, including back pay, bonuses, and benefits. The burden of proof has also been reversed – the employer, not the employee, must demonstrate compliance with the equal pay principle when circumstances indicate a breach.

Member states are required to establish effective sanctions, including financial penalties, and to strengthen the role of equality bodies and labor inspectorates in monitoring compliance. The directive also explicitly guarantees the protection of employees from reprisals for asserting their rights under the directive.

Source: EU Directive on equal pay and pay transparency

EU Directives on standards for the functioning of equality bodies

Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC

Article 1 – Purpose, subject matter and scope

1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

2. The obligations placed on Member States and the tasks of equality bodies under this Directive cover the rights and obligations derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

Article 2 – Designation of equality bodies

1. Member States shall designate one or more bodies (‘equality bodies’) to exercise the competences laid down in this Directive.

2. This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies and to the rights and prerogatives of the social partners in accordance with national law and practice, including with regard to collective agreements, and representation and defence in court proceedings.

Article 3 – Independence

1. Member States shall take measures to ensure that equality bodies are independent and free from external influence, and that they do not seek or take instructions from the government or from any other public or private entity while performing their tasks and exercising their competences. In line with the objectives of this Directive and within the applicable legal framework, equality bodies shall be able to manage their own financial and other resources and to adopt their own decisions with regard to their internal structure, accountability, staffing and organisational matters.

2. Member States shall provide for transparent procedures concerning the selection, appointment, revocation and potential conflicts of interest of the staff of equality bodies holding decision-making or managerial positions, and where applicable members of the governing board, in order to guarantee their competence and independence.

3. Member States shall ensure that equality bodies establish an internal structure that guarantees the independent, and where appropriate impartial, exercise of their competences.

4. Member States shall ensure that the internal structure of multi-mandate bodies guarantees the effective exercise of the equality mandate.

Article 5 – Awareness raising, prevention and promotion

1. Member States shall adopt appropriate measures, such as strategies, to raise awareness among the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, of the rights under Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC and on the existence of equality bodies and their services.

2. Member States shall ensure that equality bodies are empowered to carry out activities to prevent discrimination and to promote equal treatment as derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC. Such activities may, inter alia, include promoting positive action and equality mainstreaming among public and private entities, providing them with relevant training, advice and support, engaging in public debate, communicating with relevant stakeholders, including the social partners, and promoting the exchange of good practices. In carrying out such activities, equality bodies can take into consideration specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of grounds protected under Directives 79/7/EEC, 2000/43/EC, 2000/78/EC or 2004/113/EC.

3. Member States and equality bodies shall take into consideration appropriate communication tools and formats for each target group. They shall focus in particular on groups whose access to information can be hindered, for example due to their precarious economic status, age, disability, level of literacy, nationality or residence status, or due to their lack of access to online tools.

Article 6 – Assistance to victims

1. Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4.

For the purposes of this Directive, ‘victims’ means all persons who consider that they have experienced discrimination within the meaning of Article 4 of Directive 79/7/EEC, Article 2 of Directive 2000/43/EC, Article 2 of Directive 2000/78/EC or Article 4 of Directive 2004/113/EC.

2. Equality bodies shall be able to receive complaints of discrimination.

Article 8 – Inquiries

1. Member States shall ensure that equality bodies are empowered to conduct an inquiry into whether a breach of the principle of equal treatment laid down in Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC has occurred.

2. Member States shall provide a framework for conducting inquiries which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective rights to access information and documents that are necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose.

3. Member States may also entrust another competent body, in accordance with national law and practice, with the powers referred to in paragraphs 1 and 2. When such a competent body has completed its inquiry, it shall provide the equality body, upon its request, with information about the results thereof.

4. Member States may provide that no inquiries pursuant to paragraph 1 of this Article and Article 9 be initiated or continued while court proceedings in the same case are pending.

Article 9 – Opinions and decisions

1. Member States shall ensure that equality bodies are empowered to provide and document their assessment of the case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States shall determine whether this is to be done by means of non-binding opinions or binding decisions.

2. Where appropriate, both non-binding opinions and binding decisions shall include specific measures to remedy any breach of the principle of equal treatment found and to prevent further occurrences. Member States shall establish appropriate mechanisms for the follow-up to non-binding opinions, such as feedback obligations, and for the enforcement of binding decisions.

3. Equality bodies shall publish at least a summary of those of their opinions and decisions which they consider to be of particular relevance.

Article 10 – Litigation

1. Member States shall ensure that equality bodies have the right to act in court proceedings in civil and administrative law matters relating to the implementation of the principle of equal treatment laid down in Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC as set out in paragraphs 2 to 4 of this Article, in accordance with national law and practice on the admissibility of actions, including any rules on requiring the approval of the victim.

2. The right of the equality body to act in court proceedings shall include the right to submit observations to the court, in accordance with national law and practice.

Article 12 – Equal access

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all.

2. Equality bodies shall guarantee that there are no barriers to the submission of complaints, for example by being able to receive complaints orally, in writing and online.

3. Member States shall ensure that equality bodies provide their services at no cost to complainants, throughout their territory, including in rural and remote areas.

Article 24 – Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 June 2026. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU

Article 1 – Purpose, subject matter and scope

2. The obligations placed on Member States and the tasks of equality bodies under this Directive cover the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU.

3. This Directive is without prejudice to more specific provisions contained in Directive (EU) 2023/970.

Article 2 – Designation of equality bodies

1. Member States shall designate one or more bodies (‘equality bodies’) to exercise the competences laid down in this Directive.

2. This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies and to the rights and prerogatives of the social partners in accordance with national law and practice, including with regard to collective agreements and representation and defence in court proceedings.

Article 3 – Independence

1. Member States shall take measures to ensure that equality bodies are independent and free from external influence, and that they do not seek or take instructions from the government or from any other public or private entity while performing their tasks and exercising their competences. In line with the objectives of this Directive and within the applicable legal framework, equality bodies shall be able to manage their own financial and other resources and adopt their own decisions with regard to their internal structure, accountability, staffing and organisational matters.

3. Member States shall ensure that equality bodies establish an internal structure that guarantees the independent, and where appropriate impartial, exercise of their competences.

4. Member States shall ensure that the internal structure of multi-mandate bodies guarantees the effective exercise of the equality mandate.

Article 5 – Awareness raising, prevention and promotion

1. Member States shall adopt appropriate measures, such as strategies, to raise awareness among the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, of the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services.

2. Member States shall ensure that equality bodies are empowered to carry out activities to prevent discrimination and to promote equal treatment as derived from Directives 2006/54/EC and 2010/41/EU. Such activities may, inter alia, include promoting positive action and gender mainstreaming among public and private entities, providing them with relevant training, advice and support, engaging in public debate, communicating with relevant stakeholders, including the social partners, and promoting the exchange of good practices. In carrying out such activities, equality bodies can take into consideration specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of sex and one or more of the grounds protected under Directive 79/7/EEC, 2000/43/EC, 2000/78/EC or 2004/113/EC.

Article 6 – Assistance to victims

1. Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4.

For the purposes of this Directive, ‘victims’ mean all persons, irrespective, for example, of their socio-economic status, political opinion, age, health, nationality, residence status, language, colour, level of literacy, gender, gender identity, gender expression or sex characteristics, who consider that they have experienced discrimination within the meaning of Article 4 of Directive 2006/54/EC or Article 4 of Directive 2010/41/EU.

2. Equality bodies shall be able to receive complaints of discrimination. (…)

Article 8 – Inquiries

1. Member States shall ensure that equality bodies are empowered to conduct inquiry into whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred.

4. Member States may provide that no inquiries pursuant to paragraph 1 of this Article and Article 9 be initiated or continued while court proceedings in the same case are pending.

Article 10 – Litigation

1. Member States shall ensure that equality bodies have the right to act in court proceedings in civil and administrative law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU as set out in paragraphs 2 to 4 of this Article, in accordance with national law and practice on the admissibility of actions, including any rules on requiring the approval of the victim.

2. The right of the equality body to act in court proceedings shall include the right to submit observations to the court, in accordance with national law and practice.

Article 12 – Equal access

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all.

2. Equality bodies shall guarantee that there are no barriers to the submission of complaints, for example by being able to receive complaints orally, in writing and online.

3. Member States shall ensure that equality bodies provide their services at no cost to complainants, throughout their territory, including in rural and remote areas.

Article 24 – Transposition

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Basic informations

Directives 2024/1499 and 2024/1500 establish binding standards for equality bodies, aimed at strengthening their independence, effectiveness, and ability to counteract discrimination.

Although adopted within a few days of each other, both acts differ in their subject matter – Directive 2024/1499 covers a broad list of grounds for discrimination (racial or ethnic origin, religion or belief, disability, age, sexual orientation, and gender in relation to social security and access to goods and services), whereas Directive 2024/1500 focuses solely on equality between women and men in employment and professional activities, including self-employment.

A common element of both directives is the obligation to ensure that equal treatment bodies have guarantees of institutional and organizational independence, adequate financial and human resources, and the ability to perform a wide range of functions: conducting investigations and analyses, providing support to victims of discrimination, undertaking mediation, educational, and preventive activities, issuing opinions in court proceedings, and participating in legislative and consultative processes.

In particular, Directive 2024/1500 also provides for the authority to issue binding decisions and actively participate in court proceedings, further strengthening legal protection in cases of gender discrimination in the workplace.

Both directives require Member States to transpose the provisions into national law within two years of their entry into force (i.e., by June 2026).

In this way, the European Union creates a uniform framework for the operation of equality bodies tasked with monitoring compliance with the principle of equal treatment, supporting victims of discrimination, and eliminating systemic barriers to equality. The new regulations are intended to ensure that these bodies are more accessible, independent and effective, and that their activities better respond to the challenges of counteracting various forms of unequal treatment.

Sources: EU Directives on standards for the functioning of equality bodies – 2024/1499 and 2024/1500

EU Directive on combating violence against women and domestic violence

Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence

Article 1 – Subject matter and scope

1. This Directive lays down rules to prevent and combat violence against women and domestic violence. It establishes minimum rules concerning:

a) the definition of criminal offences and penalties in the areas of sexual exploitation of women and children and computer crime;

b) the rights of victims of all forms of violence against women or domestic violence before, during and for an appropriate time after criminal proceedings;

c) protection and support for victims, prevention and early intervention.

2. Chapters 3 to 7 apply to all victims of offences of violence against women and domestic violence, regardless of their gender. Such victims are all the victims of acts criminalised under Chapter 2 and victims of any other acts of violence against women or domestic violence, as criminalised under other Union legal acts or under national law.

Article 2 – Definitions

For the purposes of this Directive, the following definitions apply:

a) ‘violence against women’ means all acts of gender-based violence directed against a woman or a girl because she is a woman or a girl or that affect women or girls disproportionately, that result in or are likely to result in physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

b) ‘domestic violence’ means all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;

c) ‘victim’ means any person, regardless of their gender, who has suffered harm directly caused by violence against women or domestic violence, including children who have suffered harm because they have witnessed domestic violence; (…)

Article 4 – Forced marriage

Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

a) forcing an adult or a child to enter into a marriage;

b) luring an adult or a child to the territory of a country other than the one in which he or she resides with the purpose of forcing that adult or child to enter into a marriage.

Article 5 – Non-consensual sharing of intimate or manipulated material

1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

a) making accessible to the public, by means of information and communication technologies (‘ICT’), images, videos or similar material depicting sexually explicit activities or the intimate parts of a person, without that person’s consent, where such conduct is likely to cause serious harm to that person;

b) producing, manipulating or altering and subsequently making accessible to the public, by means of ICT, images, videos or similar material making it appear as though a person is engaged in sexually explicit activities, without that person’s consent, where such conduct is likely to cause serious harm to that person;

c) threatening to engage in the conduct referred to in point (a) or (b) in order to coerce a person to do, acquiesce to or refrain from a certain act.

Article 6 – Cyber stalking

Member States shall ensure that the intentional conduct of repeatedly or continuously placing a person under surveillance, without that person’s consent or a legal authorisation to do so, by means of ICT, to track or monitor that person’s movements and activities, where such conduct is likely to cause serious harm to that person, is punishable as a criminal offence.

Article 7 – Cyber harassment

Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

a) repeatedly or continuously engaging in threatening conduct directed at a person, at least where such conduct involves threats to commit criminal offences, by means of ICT, where such conduct is likely to cause that person to seriously fear for their own safety or the safety of dependants;

b) engaging, together with other persons, by means of ICT, in publicly accessible threatening or insulting conduct directed at a person, where such conduct is likely to cause serious psychological harm to that person;

c) the unsolicited sending, by means of ICT, of an image, video or other similar material depicting genitals to a person, where such conduct is likely to cause serious psychological harm to that person;

d) making accessible to the public, by means of ICT, material containing the personal data of a person, without that person’s consent, for the purpose of inciting other persons to cause physical or serious psychological harm to that person.

Article 8 – Cyber incitement to violence or hatred

1. Member States shall ensure that intentionally inciting violence or hatred directed against a group of persons or a member of such a group, defined by reference to gender, by publicly disseminating, by means of ICT, material containing such incitement is punishable as a criminal offence.

2. For the purposes of paragraph 1, Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting.

Article 14 – Reporting of violence against women or domestic violence

1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report acts of violence against women or domestic violence to the competent authorities through accessible, easy-to-use, safe and readily available channels. That shall include, at least for the cybercrimes referred to in Articles 5 to 8 of this Directive, the possibility of reporting online or through other accessible and secure ICT, without prejudice to national procedural rules regarding formalising online reporting.

Member States shall ensure that the possibility to report online or through other accessible and secure ICT includes the possibility to submit evidence by the means set out in the first subparagraph, without prejudice to national procedural rules regarding formalising the submission of evidence.

2. Member States shall ensure that victims have access to legal aid in accordance with Article 13 of Directive 2012/29/EU. Member States may extend legal aid to victims reporting criminal offences, where provided for under national law.

3. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that acts of violence against women or domestic violence have occurred, or that acts of violence are to be expected, to report such acts to the competent authorities without fearing negative consequences.

4. Member States shall ensure that healthcare professionals subject to confidentiality obligations are able to report to the competent authorities where they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person as a result of violence against women or domestic violence.

5. Member States shall ensure that, where the victim is a child, without prejudice to rules on legal professional privilege or, where provided for under national law, clergy-penitent privilege or equivalent principles, professionals subject to confidentiality obligations under national law are able to report to the competent authorities where they have reasonable grounds to believe that serious physical harm has been inflicted on the child as a result of violence against women or domestic violence.

6. Where children report acts of violence against women or domestic violence to the competent authorities, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and designed and accessible in child-friendly language, in accordance with the child’s age and maturity.

Member States shall ensure that professionals trained to work with children assist in reporting procedures to ensure that they are in the best interests of the child.

Member States shall ensure that, where the holder of parental responsibility is involved in the act of violence, the ability of a child to report the act is not conditional upon the consent of the holder of parental responsibility and that the measures necessary to protect the safety of the child are taken by the competent authorities before that person is informed about the reporting.

Article 18 – Referral to support services

1. Where the assessments referred to in Articles 16 and 17 identify specific support or protection needs or where the victim requests support, Member States shall ensure that support services, such as specialist support services, in cooperation with the competent authorities, contact victims to offer support, with due regard for their safety. Member States may make such contact subject to the consent of the victim.

2. The competent authorities shall respond to the victim’s request for protection and support without undue delay and in a coordinated manner.

3. Member States shall ensure that, where needed, the competent authorities can refer child victims to support services, where necessary without the prior consent of the holder of parental responsibility.

4. Where necessary to ensure that the victim receives appropriate support and protection, Member States shall ensure that the competent authorities transmit relevant personal data concerning the victim and the situation of the victim to the relevant support services. Such data shall be transmitted in a confidential manner. Member States may make the transmission of such data subject to the consent of the victim.

5. Support services shall store personal data for as long as necessary for the provision of support services and, in any event, for no longer than five years after the last contact between the support services and the victim.

Article 20 – Protection of victims’ private life

Member States shall ensure that, in criminal proceedings, evidence concerning the past sexual conduct of the victim or other aspects of the victim’s private life related thereto is permitted only where it is relevant and necessary.

Article 29 – Helplines for victims

1. Member States shall ensure that state-wide telephone helplines are available, free of charge, 24 hours a day and seven days a week, to provide information and advice to victims.

Helplines as referred to in the first subparagraph may be operated by specialist support services, in accordance with national practice.

Information and advice as referred to in the first subparagraph shall be provided on a confidential basis or with due regard for the victim’s anonymity.

Member States are encouraged to also provide helplines as referred to in the first subparagraph through other secure and accessible ICT, including online applications.

2. Member States shall take appropriate measures to ensure that the services referred to in paragraph 1 of this Article are accessible for end-users with disabilities, including by providing support in language that is easy to understand. Those services shall be accessible in line with the accessibility requirements for electronic communications services set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council.

3. Member States shall strive to ensure the provision of the services referred to in paragraph 1 in a language that victims can understand, including by means of telephone interpreting.

4. Article 25(3) and (7) shall apply to the provision of helplines and support through ICT under this Article.

5. Member States are encouraged to ensure that the services referred to in paragraph 1 for victims of violence against women are reachable through the harmonised number at Union level, namely ‘116 016’, in addition to any existing national number or numbers.

6. Member States shall ensure that end-users are adequately informed of the existence of and number for helplines, including by means of regular awareness-raising campaigns.

Article 31 – Support for child victims

1. Member States shall ensure that a child is provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that that child might have been subject to, or might have witnessed, violence against women or domestic violence.

Support to children shall be specialised and appropriate to the age, developmental needs and individual situation of the child, while respecting the best interests of the child.

2. Child victims shall be provided with age-appropriate medical care and emotional, psychosocial, psychological and educational support, tailored to the developmental needs and individual situation of the child, and any other appropriate support tailored, in particular, to situations of domestic violence.

3. Where it is necessary to provide for interim accommodation, children, after having had their views on the matter heard, taking into account their age and maturity, shall as a priority be placed together with other family members, in particular with a non-violent parent or holder of parental responsibility, in permanent or temporary housing equipped with support services.

The principle of the best interests of the child shall be decisive when assessing matters regarding interim accommodation.

Article 34 – Preventive measures

1. Member States shall take appropriate measures to prevent violence against women and domestic violence by adopting a comprehensive multi-layered approach.

2. Preventive measures shall include conducting or supporting targeted awareness-raising campaigns or programmes aimed at persons from an early age.

Campaigns or programmes as referred to in the first subparagraph may include research and education programmes to increase awareness and understanding among the general public of the different manifestations and root causes of all forms of violence against women and domestic violence, the need for prevention and, where appropriate, the consequences of such violence, in particular on children.

Where relevant, programmes as referred to in the first subparagraph may be developed in cooperation with relevant civil society organisations, specialist services, the social partners, impacted communities and other stakeholders.

3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures, including medical treatment, available and easily accessible to the general public, taking into account the most widely spoken languages on their territory.

4. Targeted measures shall be focused on groups at heightened risk, such as those referred to in Article 33(1).

Information for children shall be formulated in, or adapted into, a child-friendly manner. Information shall be presented in formats accessible to people with disabilities.

5. Preventive measures shall, in particular, aim to challenge harmful gender stereotypes, to promote gender equality, mutual respect and the right to personal integrity, and to encourage all persons, especially men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this Directive.

6. Preventive measures shall aim to target and reduce the demand for victims of sexual exploitation.

Article 49 – Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 June 2027. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.

Basic informations

Directive 2024/1385 establishes the first comprehensive legal framework in the European Union to combat violence against women and domestic violence. Its aim is to criminalize specific forms of violence and ensure effective protection and access to assistance for victims.

It introduces uniform standards across the EU, covering acts such as female genital mutilation, forced marriage, and various forms of cyberviolence, including the unauthorized dissemination of intimate material, cyberstalking, harassment, and incitement to violence and hatred.

Particular emphasis is placed on the protection of victims and their access to justice. Member States are required to provide safe and easily accessible channels for reporting crimes, including electronically, and to ensure the prompt application of protective measures, including restraining orders and protection orders.

The use of information about a victim’s prior sexual behavior in court proceedings is also limited to cases where it is absolutely necessary and relevant to the case. The directive also provides for a wide range of support options – from free hotlines, through specialized centers and crisis centers, to medical, legal, and housing assistance, taking into account the specific needs of children and vulnerable individuals.

Prevention is also an important element of the regulation. Member states are obligated to conduct educational activities and social campaigns to counter gender stereotypes, develop intervention and rehabilitation programs for perpetrators of violence, and organize training for services responsible for protecting victims, including police, medical personnel, and social workers.

The directive also requires the development of coordinated policies at the national, regional, and local levels, as well as close cooperation with social organizations, which should participate in the development and monitoring of measures to counter violence.

An integral element of the new regulations is the systematic collection and analysis of statistical data on violence against women and domestic violence. This data is to be comparable and reported to the European Institute for Gender Equality (EIGE) to enable effective monitoring of the scale of the phenomenon and the effectiveness of actions taken.

Directive 2024/1385 is to be implemented into national law by June 2027 and represents a significant step towards ensuring real equality and safety for women across the European Union, creating a harmonised and coherent framework for combating violence in all its forms.

Source: EU Directive on combating violence against women and domestic violence

Union of Equality: LGBTIQ Equality Strategy 2020-2025

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Union of Equality: LGBTIQ Equality Strategy 2020-2025

Between 2020 and 2025, the European Commission adopted a series of strategic documents that form part of the EU’s broader policy on equality, non-discrimination, and the protection of fundamental rights. These include the LGBTIQ Equality Strategy (2020-2025), Gender Equality Strategy (2020-2025), and a Roadmap for women’s rights.

The LGBTIQ Strategy (2020-2025) is the first comprehensive framework for European Union action dedicated entirely to LGBTIQ rights.

The document focuses on four priorities:

combating discrimination,
ensuring security,
building inclusive societies,
promoting LGBTIQ equality beyond the EU’s borders.

The Commission is committed to enforcing existing EU law on equal treatment, including the anti-discrimination directives, and combating hate speech and hate crime.

The strategy also provides support for civil society organizations, educational activities, the development of inclusive policies in Member States, and the promotion of equality in the EU’s external relations. Its goal is to create a space where LGBTIQ people can fully enjoy their fundamental rights without the risk of discrimination and violence.

Source: Union of Equality: LGBTIQ Equality Strategy 2020-2025

Gender Equality Strategy

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Gender Equality Strategy

The Gender Equality Strategy (2020-2025) is the European Union’s first comprehensive action program encompassing all policies and areas of society where inequalities between women and men persist.

Its main goals are:

ensuring equal participation of women and men in political, social, and economic life,
eliminating inequalities in pay, employment, and access to services,
combating gender-based violence.

The Commission introduced the principle of gender mainstreaming – the obligation to integrate a gender equality perspective throughout the EU’s policymaking process. The strategy also highlights the need for specific action in areas affected by the most persistent inequalities, such as care, business management, and access to finance.

Source: Gender Equality Strategy

Roadmap for women's rights

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Roadmap for women’s rights

A Roadmap for women’s rights develops the EU’s equality policy, emphasizing the external dimension of the EU’s actions. The document covers the promotion of gender equality and women’s empowerment in international relations, development policy, and cooperation with third countries.

It envisages actions to promote women’s participation in public and political life, improve access to education and healthcare, and eliminate practices that violate human rights, such as forced marriage and genital mutilation.

The plan stipulates that the EU should consistently promote the rights of women and girls, both through political and legal instruments and financial support through development aid. In this way, the document complements the EU’s internal strategies, creating a coherent framework for action on equality globally.

Source: Roadmap for women’s rights