PROMOTING GENDER EQUALITY FOR OLDER PEOPLE IN THE EU AGE STATEMENT FOR THE 2007 EUROPEAN YEAR OF EQUAL OPPORTUNITIES FOR ALL

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1 EN PROMOTING GENDER EQUALITY FOR OLDER PEOPLE IN THE EU AGE STATEMENT FOR THE 2007 EUROPEAN YEAR OF EQUAL OPPORTUNITIES FOR ALL The European Older People s Platform La Plate-forme européenne des Personnes âgées

2 Why gender equality is a key priority at European level Equality between women and men is one of the fundamental principles of European Community law. The EU's objectives are to ensure equal opportunities and equal treatment for men and women and to combat all forms of discrimination on the ground of gender. EU action takes a comprehensive approach which includes legislation, mainstreaming, positive action and financial support. Today, gender equality policies are not only a key component in Europe's quest for human rights but are also essential in addressing the key challenges of increasing economic productivity and competitiveness and mitigating the consequences of demographic ageing. All EU Member States subscribe to the notion that gender equality is a fundamental human right. However, discussion on gender equality is incomplete, there is inconsistency in the application of its principles and the implementation of EU legislation has so far proved inadequate to ensuring that equality between women and men turns from principle into practice. To address this challenge, the EU adopted a 'Roadmap for equality between men and women ' to tackle the gender pay gap, support better work/life balance, eliminate violence and trafficking, support gender budgeting and promote gender equality both within and outside the EU. A report on progress achieved is submitted to the Spring Summit each year.

3 The legal base for gender equality in the European Community Treaty The EU has developed over the last 30 years a wide range of instruments to combat gender discrimination and promote gender equality based on the following EC Treaty articles: Article 2 provides that promotion of equality between men and women is a task of the European Community; Article 3(2) provides that it should aim to eliminate inequalities and promote equality between men and women in all its activities. Article 13(1) gives the EU the possibility to act to combat gender discrimination within and outside of the employment field; Article 137 gives the EU to support and complement Member States action to promote equality between men and women with regard to labour market opportunities and treatment at work; Article 141(3) provides that Member States shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. The full text of the EC Treaty is available in all official languages on the Eur-Lex website.

4 Gender equality legislation In application of the Treaty legal base, the legislative instruments that the EU has adopted over the past three decades cover the areas of employment, social security, and goods and services. These include the recast directive which was adopted on 5 July 2006 to simplify and modernise existing directives on gender equality in the field of employment and occupation. The EU gender equality legislation covers the issues of equal pay; equal treatment in matters of social security and in occupational social security schemes; the protection of self-employed women during pregnancy and motherhood; the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, the organisation of working time; the framework agreement on parental leave; the burden of proof in cases of discrimination based on sex; the framework agreement on part-time work; the implementation of the principle of equal treatment as regards access to employment, vocational training and promotion, and working conditions; and the implementation the principle of equal treatment in the access to and supply of goods and services. Further details are available on the Commission s gender equality web pages.

5 The European Charter of Fundamental Rights Article 23 of the European Charter of Fundamental Rights provides for equality between men and women in all areas, including employment, work and pay. The European Charter of Fundamental Rights is a document containing human rights provisions, 'solemnly proclaimed' by the European Parliament, the Council of the European Union, and the European Commission in December The Charter will be slightly modified by the Reform Treaty which will make a reference to the Charter, giving it legally binding force. Gender Equality in the European Employment Strategy (EES) Current EES guidelines in force for state that Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Member States have to report back every year to the Commission on progress achieved.

6 Integrating gender equality into all Community policies Gender mainstreaming is the integration of the gender perspective into every stage of policy processes - design, implementation, monitoring and evaluation. It means assessing how policies impact on the situations of both genders and addressing these when necessary. Through this means, the EU hopes that gender equality can be made a concrete reality in people s lives. European Pact for Gender Equality The European Pact for Gender Equality aims at enhancing women s participation in the labour market, fostering measures to improve work/life balance for all, and promoting gender equality. It was adopted in 2006 to further heighten the profile of gender mainstreaming, to provide impetus to improving the perspectives and opportunities of women and to encourage action at Member State and EU level on gender equality Roadmap for Gender Equality To support its strive toward gender equality, the EU adopted a Roadmap on Gender Equality which outlines six priority areas for EU action for the period : equal economic independence for women and men; reconciliation of private and professional life; equal representation in decisionmaking; eradication of all forms of gender-based violence; elimination of gender stereotypes; and promotion of gender equality in external and development policies.

7 European Gender Institute In 2006, the EU finally agreed to set up a European Gender Institute to ensure the collection and analysis of objective, reliable and comparable information and data at community level; and for the development of appropriate methodological tools, in particular for the integration of the gender dimension in all policy areas. The Institute should facilitate the exchange of best practice, dialogue among stakeholders and raise awareness of the gender dimension among EU citizens. European Alliance for Families As a result of demographic change, the compatibility of family and career will have a key impact on Europe s future economic and social development. In an effort to meet this challenge, the EU decided in 2007 to establish a European Alliance for Families. The Alliance will serve as a platform for the exchange of information on family-friendly policies and for sharing experience of best practice. It will work in harmony with EU efforts to ensure gender equality, strengthen solidarity between generations, and encourage economic growth and employment. It is anticipated that the Alliance will make a substantial contribution towards the implementation of the Roadmap for Gender Equality.

8 The EU PROGRESS programme PROGRESS replaces previous Community programmes and budget lines related to employment and social issues. It covers employment, social protection and inclusion, working conditions, antidiscrimination and diversity, and gender equality. It supports the effective implementation of the principle of gender equality and promotes gender mainstreaming in EU policies by: > Improving the understanding of gender issues; > Supporting the implementation of EU gender equality legislation through effective monitoring; > Raising awareness of the key challenges and policy issues in relation to gender equality; > Developing the capacity of key EU networks to support strategies on gender equality.

9 European Union Fundamental Rights Agency (FRA) The European Union Agency for Fundamental Rights was established through the European Council Regulation No 168/2007 of 15 February Its objective is to provide assistance and expertise relating to fundamental rights to the relevant institutions and authorities of the Community and its Member States when implementing Community law. Its tasks are: > Information and data collection, research and analysis; > Advice to EU institutions and Member States; > Co-operation with civil society and awarenessraising. Combating discrimination based on gender is included among the nine thematic areas proposed in the Multi-Annual Work Programme and gender equality will be mainstreamed throughout its areas of its activity. European Foundation for the Improvement of Living and Working Conditions The Foundation is a European Union body set up by the European Council Regulation No. 1365/75 of 26 May 1975 to contribute to the planning and design of better living and working conditions in Europe through the provision of information, advice and expertise for key actors in the field of EU social policy. The Foundation maintains a longstanding commitment to the issue of equal opportunities for women and men in their social and working lives.

10 Gender and age discrimination Discrimination on the basis of age can compound existing gender inequality and disadvantage. This cannot be effectively tackled without taking account of the discrimination that women carry with them into old age and the impact of age discrimination itself. Older women, for instance, are more likely than men to encounter ageist attitudes. They can find themselves facing dual discrimination in access to employment and pensions and to key goods and services in the health and insurance sectors. Research has shown that there is no direct causal link between gender and life expectancy which is determined by factors such as lifestyle and geography. Male and female rates of life expectancy are converging and differences will further decrease for those women who have worked all their lives and been exposed to similar risks as men. Therefore AGE calls for a ban on gender discrimination in insurance and occupational pensions schemes. Gender does not fall within the category of controllable risks and using this as a proxy to justify differences of treatments between men and women in insurance products is unfair. New and more accurate ways of predicting risk need to be developed.

11 Employment and training The employment rate of older women is even lower than that of older men, illustrating the aggravated discrimination that women face as they grow older. Accommodation in the workplace To better reconcile employment with other responsibilities such as caring for dependent relatives, working conditions which facilitate the meeting of dual responsibilities are crucial. The provision of specific measures such as job shares, part-time work, carer s leave, telework and flexible working hours would encourage a greater participation of older women in the labour market. Training and lifelong learning Women have less access to training and as a result may lack the necessary skills to access certain jobs where, for example, they may need to use new technologies. Such skill gaps can be remedied through the provision of on-site training or day release programmes. Pay gap Despite advances in women s employment in recent years, gender inequality in terms of pay prevails in the workplace. Statistics show that this gap increases with age. Gender differences in pay are over 30% in the age band; the pay difference is 7% for the under-30s. The gender pay gap can also lead to a reduced entitlement to pension benefits thus increasing the high risk of poverty of older women who have made lower contributions. Member States should pay special attention to older women when implementing measures to bridge the gender pay gap.

12 Older migrant women Older migrant women are at even greater risk of poverty and social exclusion. This is due to a combination of factors: they often held no or precarious jobs - for example in undeclared care work. As a result their contribution to the pension system is very limited and they do not meet the eligibility criteria for an adequate pension. As migrant women often have lower paid work than male migrant workers, frequently have discontinuous employment patterns and contribute less to pension schemes, they receive very low pensions and need social assistance. Survivor pension schemes to which they might have access may provide them with minimal income but their limited understanding of the system prevents them from accessing their rights. Special policies are needed for migrant older women from ethnic minorities - including the Roma community - to combat the multiple-discrimination they face in old age.

13 Tackling social exclusion and poverty Poverty and social exclusion among older people will increase as many people, especially women, do not enjoy full pension rights due to past and continuing inequalities in their labour market participation. Poverty statistics show that whereas some older people enjoy high levels of income from private sources, 16% of older men and 21% of older women are at risk of poverty; in some Member States the at risk rate among older women is as high as 51%. Gender has a key impact on the material situation of older people. Most statutory pension schemes are designed to achieve a reasonable replacement rate but the profile used for calculations is that of a full-time average earner with a complete term of career. Pension indicators give a biased view since the traditional profile no longer reflects the vast majority of today s workers and, in particular, women. The majority of older people living in poverty are women. Low income, especially in very old age, has a considerable influence on their opportunities for social integration and participation. Older women rely more on state pensions and on minimum social welfare benefits and are consequently more vulnerable to government decisions to cut back on expenditure in social protection systems. Social exclusion is not only monetary based and promoting inclusion among all older people should encompass the following elements: social relationships, civic activities, access to basic services, and neighbourhood inclusion.

14 Social protection and pensions Determined action to reduce poverty for older women remains one of the most vital issues in building up adequate pension systems across the EU. Most national pension systems were designed at a time when gender relations in society were substantially different from what they are today. Lack or inadequate indexation of first pillar pensions leads to a greater risk of poverty as the basic state pension is not enough to enable a dignified life in old age. Most Member States propose to rely increasingly on second and third pillar pension schemes to ensure an adequate replacement rate but do not take account of the disadvantageous situation that women are placed in due to their significant and circumstantial lack of participation in second and third pillar pension schemes. Few Member States tackle the wide range of inequalities faced by women in terms of the pay gap, unpaid carer s breaks and in the workplace. Such inequalities result in women having less access to occupational pensions or to good quality private pension schemes. Women are also placed at a disadvantage due to gender-based annuity rates. Moreover, women s retirement is much more often preceded by periods of unemployment, early retirement or professional inactivity due to their greater responsibilities toward dependent relatives and this further impacts on their pension entitlements. Member States should pay more attention to the gender dimension when reforming their pensions systems to redress gender inequalities.

15 Health and long-term care AGE believes that the increased life expectancy and improved health of older people is one of the proudest achievements of recent social and economic development in Europe. However, although women enjoy a longer life they also suffer more than men from incapacitating illnesses and disability and their poorer health is strongly linked to the discrimination they face in accessing healthcare. Provision of health care It is the role of governments to ensure that quality and equitable healthcare services are accessible to all citizens and are free of discrimination including on the grounds of gender and age. Care for older people Governments should support the development of home and residential care structures for older people as women in particular are more likely to need support in old age and to suffer from the lack of services. The care sector could provide huge employment opportunities in all EU Member States if quality standards were developed and guidelines for the recognition of professional qualifications and status for carers were adopted. Women make a huge, disproportionate and unacknowledged contribution as informal carers. AGE believes that only by giving proper acknowledgement to the value of caring can this informal care burden be more equally shared between men and women. Legislation and increased provision of support services to informal carers are needed.

16 Information and Communication Technologies New technologies can help counter some of the challenges arising from the ageing population. Active ageing policies which incorporate an ICT dimension can help older workers remain longer at work and at home. More generally ICT can contribute to a better quality of life and it is important to emphasis the individual benefits to be gained. Tailored products and services are being developed for older people and there is an opportunity in the market for smart homes which would assist in keeping the elderly out of institutions. The EU i2010 initiative acknowledges the need to act to ensure that progress in new technologies will not result in further exclusion of vulnerable groups such as older people. However, older women face an increased risk of being excluded from the information society due to their lack of access to training in ICT and the lack of understanding of their particular requirements in the development of ICT products to support their independent living and employment. The development of ICT products, services and training programmes should take the particular needs of older women into better account.

17 The right to gender equality regardless of age AGE believes that gender equality must be promoted as an expression of individual rights irrespective of age and should be applied in all areas of life during the entire life-course. Inequalities between men and women exist at all life stages but they are more pronounced for older women due to the lasting impact of past policies in areas such as pay and employment which have an ongoing effect on their income and living conditions in old age, and the continuing impact of gender discrimination which effects all women including those in later life. The persistence of gender gaps in areas such as income, pensions, housing, health care, insurance, social security and employment underlines that more can and should be done. AGE believes that European Institutions and Member States should pay specific attention to the discrimination older women face in many areas. Priorities for action should include: > Actively promoting the equal representation of older women and men in all areas of society; > Ensuring that the particular needs of those who fall victim to discrimination on the basis of their age and gender are identified, understood and addressed. AGE encourages its member organisations to encompass gender discrimination in their activities and to support initiatives at national, regional and local levels. Within AGE, concepts of gender equality are mainstreamed throughout its activities and appropriate objectives are promoted in its position statements.

18 AGE recommendations AGE considers that there is a need to: > Mainstream gender equality within all EU policies; > Increase understanding of age discrimination from a gender perspective; > Formulate policies to effectively deal with issues of gender and age as part of a comprehensive strategy addressing demographic change; > Develop more accurate indicators to provide a fuller and more precise picture of the diversity of situations faced by older women; > Reflect the realities that older women face and develop a more targeted and life-course approach in the planning and implementation of policy measures and actions; > Consult with older women on the ground who are affected by policy making; > Address the issue of migrant women employed in the black economy. AGE believes that in relation to social protection it is necessary to: > Provide objective, reliable and comprehensive information to all citizens; > Ensure that first pillar pension systems are fair, adequate, sustainable, and effective in preventing poverty in old age including for women; > Eliminate gender discrimination within the labour market and in all pension schemes; > Ensure that time spent caring for dependent relatives qualifies for pension entitlements under the first pillar system; > Individualise pension rights.

19 Useful links European Institute for Gender Equality htm European Pact for Gender Equality pressdata/en/ec/89013.pdf EC legislation on gender equality - der_equality/index_en.html Eur-Lex website Gender Equality Road Map com/2006/com2006_0092en01.pdf EC report on the gender pay gap - cations/2006/ke _en.pdf European Alliance for Families - lies/index_en.html European Charter of Fundamental Rights text_en.pdf European Union Agency for Fundamental Rights European Foundation for the Improvement of Living and Working Conditions European Women s Lobby Older Women's Network - Europe

20 PROMOTING GENDER EQUALITY FOR OLDER PEOPLE IN THE EU More information on AGE More information on AGE - the European Older People s Platform and on its objectives and EU lobbying activities can be found on the AGE website at: Information on gender equality issues can be found on the Discrimination section. AGE - the European Older People's Platform Rue Froissart, Brussels Belgium Tel Fax info@age-platform.org This publication is supported by the European PROGRESS Community Action Programme. For more information see: ress/index_en.htm The information contained in this publication does not necessarily reflect the position or opinion of the European Commission.

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