Reflections on pregnancy discrimination under European Community Law

Abstract

This article is commentary on the two pregnancy discrimination decisions of the European Court of Justice: Case 177/88 Dekker v. Stichtung Vormingscentrum voor Jonge Volwassen (VJV-Centrum) Plus and Case 179188 Hertz v. Dansk Arbejdsgiverforening. The article considers why courts have had such difficulty recognising that pregnancy discrimination is sex discrimination, arguing that this stems from a flawed conception of equality which can only inquire into women's similarity to, or their difference from, men

The Court of Justice cleverly avoided the need for a comparison with men in the Dekker decision, and gave what is undoubtedly a satisfactory decision. Yet, as a subsequent exploration of the meaning of “equal treatment” and a consideration of the decision in Hertz show, there remain some vital flaws in the Community's conceptualisation of equality for women