Gender regimes and gender equality measures in Central Eastern European Countries post-accession: the case of Hungary and Poland

Abstract

The paper is set to examine the state of gender equality in Central Eastern European Countries (CEECs) since accession to the European Union (EU) following the two enlargements in 2004 and 2007, which saw 10 CEECs join the EU. In this context, the paper addresses some implications of transformation, which challenge gender regimes across CEECs. The paper looks at the nature of the policies adopted to ensure gender equality in Central Eastern Europe (CEE) and, in particular, using Hungary's and Poland's family policies as a case study, it evaluates whether EU gender equality measures have had an impact on gender equality and justice in CEE and, more generally, whether they have led to new gender equality paradigms.

Keywords:

• gender equality
• gender mainstreaming
• gender equality paradigms
• Central Eastern Europe
• Hungary
• Poland

Notes on contributor

Samantha Velluti (LL.B., LL.M, Ph.D.) is Reader in EU Law at Lincoln Law School, UK. Previously, she was Lecturer in Law at the School of Law of the University of Manchester and the University of Liverpool.

Dr Velluti has researched extensively in European Governance with a particular focus on the relationship between New Governance, law and constitutionalism, including the role of the ECJ, in the policy areas of EU sex equality, employment, migration and asylum. Her current research interests are in the promotion of human rights and ILO standards in the EU's Common Commercial Policy. Recent publications include: Reforming the Common European Asylum System – Legislative Developments and Judicial Activism of the European Courts (Springer 2013).

Notes

1. For a critical overview of the ECJ's case-law, see Koldinská (2011).

2. Annual Reports are available at: http://ec.europa.eu/justice/gender-equality/document/index_en.htm.

3. This is also reproduced in the Recast Directive, Directive 2006/54/EC (European Parliament and Council of the European Union 2006), Article 29.

4. Article 9 TFEU combined with Article 5 TFEU gives further recognition to coordination processes and to mainstreaming, inter alia, the objectives of high levels of employment, social protection and social inclusion into other EU policies. These provisions, therefore, have the potential of reducing the existing decoupling of the social and economic constitution of the EU.

5. Chapter III is dedicated to the principle of equality; for a critical analysis of the impact of the EU Charter on gender equality, see Koukoulis-Spiliotopoulos (2008).

6. On the issue of the limited practical effects of the EU Charter, see Schütze (2011).

7. In addition, Article 34 of the EU Charter covers entitlement to social security benefits and to social services providing protection in cases which include maternity. However, the Praesidium explains that such a provision must not be intended as providing the legal basis for creating new services where they do not already exist, see Praesidium of the Convention (2007).

8. Significantly the Court said that the discriminatory national law in question was more “liable to perpetuate a traditional distribution of the roles of men and women by keeping men in a role subsidiary to that of women in relation to the exercise of their parental duties”; see Case C-104/09, para. 36.

9. Implementation was completed once the Antidiscrimination Act was adopted in 2009.

10. This is examined further in Section 5.

11. The Europe 2020 focuses on the achievement of three goals: smart growth, sustainable growth and inclusive growth. In order to achieve these goals the European Council has established five headline targets concerning employment, Research and Development, Energy, Education and Social Cohesion measured by eight headline indicators and for each priority theme there are seven flagship initiatives. For further analysis and critical commentary see Marlier and Natali with Van Dam (2010) and Armstrong (2013).

12. Specifically the Pact states that when developing and implementing their NRPs, the Member States are encouraged to apply a gender equality perspective and to promote gender equality policies, particularly with regard to the Employment Policy Guidelines. They are invited to make appropriate use of agreed gender equality indicators developed within the Joint Assessment Framework and within the follow-up of the Beijing Platform for Action in all relevant policy areas and processes. Equally, the Commission and the Council are also invited to incorporate a gender equality perspective into the Annual Growth Survey, the Country Opinions and the Country Specific Recommendations.

13. The five areas for action are: equal economic independence; equal pay for equal work or work of equal value; equality in decision-making; dignity, integrity and an end to gender-based violence and gender equality in external actions.

14. This part of the paper builds on the empirical analysis carried out by Szelewa (2012).