Women’s movement furious over ruling

Date: 19/10/1995

By Fiona McHugh

POSITIVE discrimination in favour of women could be banned in the EU following a landmark judgement by the European Court of Justice in Luxembourg this week.

The anxiously-awaited ruling comes as a major blow to women's rights movements which have fought hard to boost the number of women in decision-making positions.

“We are furious - this is an extraordinary decision and a giant step back for women's rights,” said Barbara Helferich, Secretary-General of the European Women's Lobby, warning the verdict was likely to destabilise the “European project”.

“This is not only a very political decision, but also a very stupid one. Women will be extremely reluctant to give their support in future to a Union which so clearly does not represent their interests.”

Following the advice of Advocate-General Giuseppe Tesauro, the Court ruled in favour of German horticulturist Eckhard Kalanke, saying he was unfairly deprived of a job in the city of Bremen's Parks Department.

Bremen, in accordance with German law, granted a senior post to Kalanke's female rival because she was a woman. German law authorises such discrimination against men in order to promote gender equality in the workplace.

That practice goes against EU law, the Court said in a judgement which will be delivered to the German Bundesarbeitsgericht court. However noble the intention, reverse discrimination is unfair and undermines the very principle which it seeks to establish - that of equal opportunity.

“National rules which guarantee women absolute and unconditional priority for appointment or promotion go beyond promoting equal opportunities and overstep the limits of the exception in Article 2(4) of the directive,” the Court ruled.

Discrimination against men to improve the lot of women will now be outlawed in the EU, according to Commission legal experts. But training for women and measures aimed at reconciling divided work and family loyalties will continue to be legal.

Social Affairs Commissioner Pádraig Flynn said the Commission was weighing up its options in the wake of the decision. “The Court has now made it clear that it does not share the Commission's view of this matter. In the light of today's judgement therefore, I am actively examining the situation to see what possibilities are open to us,” he said.

One option might be to amend the equal opportunities directive, but Commission sources say Flynn hopes to avoid such drastic action.

The judgement will prompt fury in Scandanavia, adding to anti-EU feeling already on the rise. As Swedish MEP Malou Lindholm says: “Such a judgement will come as evidence that it was wrong for Sweden to join the Union.”