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Towards a new European approach on positive action within gender mainstreaming? The impact of the Beijing declaration on EU policies and law

Erdmann, Annika-Linnea (2012) Towards a new European approach on positive action within gender mainstreaming? The impact of the Beijing declaration on EU policies and law.

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Abstract:The European gender equality approach is a developing, multifaceted concept, based on economic-centred principles of equal treatment between men and women in employment. Furthermore, since 1995 has the European gender equality approach been determined by the international concept of gender mainstreaming having at its core the substantive idea of interventions to achieve gender equality by means of positive action. Looking retrospectively at the general development of European equality laws from 1951 to 1995, there has been a shift towards fundamental human rights in the field of gender equality law as a general principle of European law. The principle of gender equality was for a long time limited to the field of employment-related sex discrimination, until a newly adopted systematic approach, namely gender mainstreaming and the strengthening of the legal basis for positive action measures within EU-antidiscrimination law, were introduced. Moreover, the former purely market unifying European legal system went through considerable changes towards a regime that recognises and incorporates a human rights dimension. During, the development of European law, became the principle of equal treatment and gender equality constitutionalized as general principles of community law and recognized as part of its human rights dimension. Turning to gender mainstreaming and the new approach on positive action measures within gender equality law, the Union made since 1951 considerable progress in that field, recognising as the essential community method “gender neutral” legislation and optional positive action measures to tackle gender equality within the community. Thus, the EU has started to take on its extended competences and the duty to apply these newly established human rights dimension and to eliminate any discrimination based on gender within the community. The research design is based on a descriptive literature review within the research area of gender mainstreaming. The research concentrated on the development of the legal framework of the European Union from 1951-2010 and one intervention, namely the Beijing Conference in 1995.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
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