WUNRN
European Women's Lobby - EWL
EU - MATERNITY DIRECTIVE MUST STRENGTHEN
WOMEN'S RIGHTS IN THE LABOUR MARKET
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Given today’s context, where in most, if not all, parts of the European
Union employment is hit severely by the crisis, women face yet another
challenge: their potential chances, whether perceived or real, of becoming a
pregnant worker continue to be a barrier to their full and equal participation
in the labour-market.
Since this is not the case for men, we have to wonder, what conclusion can
be drawn by this? Maybe that women’s participation in the labour market implies
that they have to abide by the rules that have been shaped, and continue to do
so, by male norms? It is time to ask:
Maternity provisions are specific to women. The physicality of giving birth
and the subsequent afterbirth and breastfeeding (if this is their choice) need
to be recognised and supported by policy makers, labour market stakeholders and
society as a whole. Women’s increasing participation in the labour market must
not occult this reality. Any attempt to undermine women’s right to maternity
provisions in situations of pregnancy, afterbirth and/or breastfeeding
reinforces the already prevailing image that the structural dimensions of the
labour market are entrenched in the male life-cycle, disregarding the fact that
women as workers have a role to play in shaping labour market norms, which in
turn must take into consideration the reality, aspirations and needs of both
women and men.
Throwing the baby away with the bath water?
Proposals to improve maternity provisions for pregnant women, for women who
have recently given birth or are breastfeeding have sparked broader debates on
facilitating men’s share in care, a development that the EWL welcomes. However,
the picture should not be blurred. Provisions for paternity and parental leave
are absolutely essential to support the caring roles from birth onwards, but
they are complementary measures and must not replace maternity provisions.
These measures are crucial to ensure that men take their share of care from the
beginning, but the reality is that men do not give birth. It is important that
the distinction is made between child birth on the one hand, and the caring and
rearing roles that start at birth on the other. If not we could end up by
throwing the baby away with the bath water.
Too long overdue
The European Parliament adopted its position in the first reading on the
proposed amendments to the Maternity Directive well over two years ago (October
2010). Since then, the Council (Member States) has not officially presented its
position to enable a second reading. We know that the resistance is high and
the likelihood of not reaching a comprise is also high which would mean that if
no consensus is reached before the European elections of 2014, it could mean
back to the drawing board. The European Parliament’s position contains a very
comprehensive set of proposals that take into consideration the reality of
today’s labour-market as well as provisions for a paternity leave clause. Many
women on the labour-market today do not fulfil the requirements to avail of
maternity leave provisions; in most countries women do not receive full pay
during maternity leave which leaves lifelong scars well into retirement
resulting in high gender, pension and poverty gaps. Women today, despite
existing legislation continue to be discriminated on the basis of pregnancy and
child birth, which is why more stringent measures are necessary to protect their
rights. If maternity rights do not become a well-established and protected
reality, the labour market is going to continue being a man’s world, where
women are treated systemically as second class employees.