E QUAL TREATMENT OUTSIDE EMPLOYMENT : ACCESS TO GOODS AND SERVICES Genoveva Tisheva.

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Presentation transcript:

E QUAL TREATMENT OUTSIDE EMPLOYMENT : ACCESS TO GOODS AND SERVICES Genoveva Tisheva

T HE ISSUE IN THE FRAMEWORK OF DEVELOPMENT OF THE PRINCIPLE OF EQUALITY IN THE EU: Art. 119 EEC ( Art. 141 EC) Directives on equal treatment of men and women Art. 13 Directives Goods and Services Directive, Recast Directive, new Equal Treatment Directive

L EGAL FRAMEWORK OF THE ISSUE OF E QUAL T REATMENT IN A CCESS TO G OODS AND S ERVICES : Directive 2000/ 43 / race/ ethnicity/ Directive 2004/ 113 /gender Proposed new Directive

S TUDIES ON D IRECTIVE 2004/ 113: OF THE E UROPEAN NETWORK OF LEGAL E XPERTS IN THE FIELD OF G ENDER E QUALITY : Sex-segregated Services- Dec Sex Discrimination in the Access and Supply of Goods and Services and the Transposition of Directive 2004/ 113- July 2009

M ATERIAL SCOPE OF THE D IRECTIVE : Exclusion of education and Content of advertising and media

D IFFERENTIAL TREATMENT ALLOWED : General Pregnancy-related Sex-segregated services and sex-related pricing Insurance/finance

G ENDER EQUALITY AND INSURANCE : Gender used as a rating factor for numerous insurance products Arguments related to insurance companies’ competitiveness

A RT. 5 PARA 1- THE PRINCIPLE The use of sex as a factor in the calculation of premiums and benefits for the purpose of insurance and related financial services shall not result in individuals’ premium and benefits

A RT. 5 PARA 2 – THE EXCEPTION - TWO OPTIONS : To ban all differential treatment To allow gender-based treatment, subject to conditions regarding the relevance and accuracy of the data and the publication of gender-related data

R ELEVANT CASE LAW : On Gender equality and insurance Scarce case law in principle on goods and services

O THER PROBLEMATIC ISSUES : Lack of definitions of “goods” and “ services” Problematic transposition and compliance with national legislation Limited implementation and impact

P ROBLEMATIC ISSUES : Limitations due to exclusions and exceptions Creates hierarchy of equality grounds Difficulties of interpretation and complexity of the Directive

F URTHER DEVELOPMENTS : To delete the exclusions and exceptions? New formulations of exceptions The Goods and Services Directive- more questions than solutions The example of the proposed new Directive