The Research on Gender Equal Treatment at Work in European Union

• Main Authors: Hsuan-Hsing Chen, 陳宣信
• Other Authors: Shih-Hao Liu
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/43462690138074954498

碩士 === 銘傳大學 === 法律學系碩士班 === 101 === The purpose of this study is to examine the development of equal treatment of men and women in European Union since the 1970''s, and to compare the development in EU with Taiwan’s “Gender Equality in Employment Act”, then to make recommendations for the promotion of gender equality in the workplace. When discussing the relevant provisions in European Union, this thesis consists mainly of: 1) the principles of gender equality enshrined in the treaty and the Charter; 2) related instructions elaborated by the European Commission, the Council of Ministers, the European Parliament and other relevant agencies in order to implement these principles; 3) important judgments entered by the European Court of Justice; and 4) the equal treatment legislations enacted by EU member states. Also, this thesis analyzes current domestic laws and regulations regarding the elimination of sex discrimination at work, specially focused on the “Gender Equality in Employment Act”. In addition, this thesis makes reference to opinions issued by the Council of Labor Affairs of the Gender Equality from the practical point of views. Although some provisions of Taiwan Gender Equality in Employment Act are quite advanced, there is much more to learn from the development and the legal system of European Union, such as promoting in gradual and soft steps, improving social security and social welfare system, and taking into account all the interests of the ”social partners.” Through above-mentioned methods, the impact to the employers and whole community will be minimized. And, these methods are worthy to be mentioned when making policy decisions. In addition, the European Union has continuously established the legal system of Gender Equality through the so-called "social dialogue" mechanism, so that labor, capital and political tripartite are able to reach consensus in order to alleviate the difficulties encountered in the actual promotion, to solicit the views of the parties, and to contribute to the diversity of the policy. When constructing Taiwan’s legal system of Gender Equality, the experience of EU law should be researched and learned. The relevant government agencies and courts should take into account the concept of the right to seek gender equality, while seeking the economic growth of the country.