Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 provides that the enjoyment of the rights and freedoms must be secured without discrimination on a number of grounds, including as sex. The European Social Charter of 1961 further establishes some equality rights for women and men, for example regarding equal remuneration as well as specific measures on maternity protection. Its additional Protocol of 1988 introduced the principle of equal opportunities and equal treatment in employment and occupation regardless of sex. The Revised Social Charter of 1996 incorporated this additional Protocol and registers progress regarding the right to protection of maternity, the right to dignity at work and the right of workers with family responsibilities to equal opportunities and equal treatment.

Recommendation No R (85) 2 of the Committee of Ministers on legal protection against sex discrimination was adopted in February 1985. Broad in scope and ambition, these guidelines addressed issues in the field of work and employment. The Recommendation states that in the field of employment, men and women should have equal rights with regard to opportunities and conditions of employment in all fields. In particular, men and women should be entitled to an equal right of access to work, equal conditions of work and opportunities for training, equal pay and equal opportunities for advancement. The recommendation also approached the issue of positive action, or special temporary measures, to accelerate the achievement of de facto equality, as well as the need for States to create mechanisms to promote equality.

The Declaration on Equality between Women and Men as a fundamental criterion of democracy, adopted at the 4th European Ministerial Conference on equality between women and men (Istanbul, 1997), clearly states that: "The achievement of equality between women and men is an integral part of the process leading to a genuine democracy. As a prerequisite, the participation of all members of society, women and men, has to be fully secured. Democracy must become gender aware and gender sensitive." Therefore, it proposes multidisciplinary strategies regarding equality in political and public life as well as in economic and professional life. This Declaration remains a significant document for the work of the Organization and its Member States.

Relating to the participation of women in the world of work, it is important to mention the issue of reconciliation of work and public responsibilities with family responsibilities. Recommendation No (96) 5 of the Committee of Ministers on Reconciling Work and Family Life is of particular importance for women and the achievement of equality. It considers such reconciliation as "precondition for a meaningful quality of life and for the full exercise of fundamental rights in the economic sphere". It includes guidelines on aspects such as the organization of working time, maternity and parental leave, the abolition of gender discrimination in the labour market, the development of services in favour of families, and the adaptation of social security schemes and tax systems.

Analysis provided by: Maggie Smieszek, Legal Expert.