Introduction

The European Women’s Lobby (EWL) read with interest the Preliminary Draft Constitutional Treaty (Conv 369/02) presented by the Praesidium to the Convention at its plenary session of 28 October.

We welcome the fact that an attempt has been made to simplify the text and to make the structures and procedures more transparent and accessible to people living in the EU. We also welcome the principle of ‘participatory democracy’ set up in article 34 as a good starting point for the recognition of civil dialogue in Europe.

EWL is however very worried to note that the first preliminary Draft treaty does not include a single reference to equality of women and men in Europe. Although, this draft aims to provide one possible example of the future Treaty, it already clearly indicates an alarming backlash in the field of gender equality compared to the current Treaty establishing the European Community. EWL would like to draw the attention of Convention’s members to the fact that not only are women in Europe expecting to maintain the acquis communautaire in the field of gender equality, but that they are also anticipating the development and reinforcement of the policy of the Union in this field.

With this new text, the Praesidium demonstrates its incapacity to understand fully the importance of developing policies and mechanisms that support the equal rights of women and men alike in Europe. This text could also be considered as evidence that the so-called ‘listening phase’ of the Convention, with its public hearing of civil society and the Forum website, has not been successful at translating the hundreds of messages that were sent into an acceptable response.

EWL deplores also that the Preliminary draft Constitutional Treaty does not use gender-neutral language. It therefore recommends that in the future, the draft Treaty be reviewed comprehensively with the aim of using a language that encompasses the two sexes.

EWL intends to reiterate its recommendations, made in its first contribution to the Convention , and to make the following comments in order to ensure a real gender perspective in the future Treaty:

Values of the Union (article 2, Title 1, Part 1)

Article 2 of the Preliminary draft Constitutional Treaty sets out the values of the Union, without any reference to gender equality. The European Union was created with the aim of preserving peace and democracy, based on the achievement of human rights and fundamental freedoms, solidarity and well being for all. Women’s human rights and equality of women and men form part of the core of these European values.

Equality of women and men as one of the values of the European Union and a fundamental prerequisite for European democracy must be clearly reflected in article 2 of the Preliminary draft Constitutional Treaty: The Union should commit to ensure the full implementation of the human rights of women and the girl child as an inalienable, integral and indivisible part of all human rights and fundamental freedoms, including the right of all women to control all aspects of their health, in particular their own fertility.

Objectives of the Union (article 3, Title 1, Part 1)

Equality of women and men: an objective of the Union

The objectives of the Union are enumerated in article 3 of the Preliminary draft Constitutional Treaty. Many of these ‘objectives’ are identical or similar to the ‘missions’ set up in article 2 of current TEC. Others of these missions are not taken up in the new draft treaty. This is the case for the ‘promotion of equality between men and women’, a mission and an objective that is totally overlooked in the Preliminary draft Constitutional Treaty. EWL is alarmed by this serious omission. A revision of European Treaties must not mean a loss of rights for people living in Europe: the acquis communautaire must not only be preserved, but rather reinforced for a more inclusive and equal Europe!

EWL urges members of the Convention to include in article 3 of the Preliminary draft Constitutional Treaty “achievement of equality of women and men” as an objective of the Union.

Gender mainstreaming: an institutional mechanism for achieving equality

The actual Treaty establishing the European Communities provides not only that equality of women and men is one of the tasks of the Community, but also that in all Community activities, “the Community shall aim to eliminate inequalities, and to promote equality, between women and men” (gender mainstreaming).

In the text submitted by the Praesidium, gender mainstreaming does not appear anywhere. Although aware that this is a preliminary draft Constitution including only the main lines of a future Treaty, EWL deplores this gap, Again the draft treaty falls short of women’s expectations. As illustrated in the commitments made in Beijing in 1995 and reiterated many times, gender mainstreaming is an essential instrument in achieving equality of women and men in Europe and should constitute one of the cornerstones of all European Union activities.

EWL urges members of the Convention to introduce a separate provision in the Preliminary draft Constitutional Treaty recognising Gender mainstreaming as an institutional mechanism for achieving equality and stating that in all areas for which the Union is competent, equality of women and men shall be achieved.

Union citizenship and fundamental rights (articles 5 & 6, Title 1, Part 1)

Extension of European citizenship to those residing in the EU

EWL regrets that article 5 does not provide for the extension of citizenship rights to all people residing legally on the territory of the European Union. EWL defends the idea of a multicultural Europe, respecting diversity with equal rights and opportunities for all and urges members of the Convention to include such an extension in this provision.

Mechanism allowing for a revision of the Charter of Fundamental Rights of the EU

EWL welcomes the proposal made in article 6 of the Preliminary draft Constitutional Treaty integrating the Charter into the new Treaty. However EWL recommends that a mechanism allowing for a revision of the Charter at a later stage be also provided for in this article.
The Charter should be strengthened, in particular with the introduction of specific provisions in relation to the achievement of women’s human rights, such as the prohibition of gender based violence and persecutions, respect for the sexual and reproductive rights and health of women and men and the right to reconcile family and professional life for women and men.

EWL recommends that a mechanism allowing for a revision of the Charter of Fundamental Rights of the EU be also provided for in article 6, in order to strengthen it in particular with the introduction of provisions in relation to the achievement of women’s human rights.

Democratic life of the Union (Title VI)

No democratic legitimacy without parity democracy!

EWL deplores that the Title VI of the Preliminary draft Constitutional Treaty does not make any reference to the urgent need to ensure an equal representation of women and men in political decision-making positions at European level, as a pre-requisite to democracy. Article 33 of the draft states that ‘all Union citizens are equal vis-à-vis its institutions’. This provision is of little value if the Union does not give itself the means to achieve this equality, in particular through measures ensuring an equal participation of women and men in decision-making bodies.

EWL urges members of the Convention to push for the introduction of a new provision in Title VI of the Preliminary draft Constitutional Treaty whereby equal participation of women and men in decision-making is mandatory in the composition of assemblies, bodies and institutions of the Union.

Participatory democracy (article 34)

EWL welcomes the inclusion of an article on participatory democracy in the draft Constitution. The EU must encourage people living in Europe to be more involved in its policy: Strengthening the civil dialogue between Institutions and civil society would help place people living in Europe at the heart of the European project. Article 34 would guarantee a high level of openness from the EU Institutions, permitting citizens' organisations to play a full part in the EU's affairs.

EWL urges members of the Convention to maintain and strengthen article 34 in order to give true opportunities for civil society to contribute to the formation of EU policy - promoting the voice of organisations working for gender equality, social justice, against poverty and discrimination, and for an inclusive society.

Union finances (Title VII)

Budgets and budgetary decisions are not gender neutral, they have a different impact on the lives of women and men. Only by including a gender perspective in the process of budget setting and the allocation of financial resources can the spending and income be organised in order to contribute to equality of women and men. This requires a political commitment to introduce gender budgeting at all levels of EU activity.

EWL recommends the inclusion of an article under Title VII introducing gender budgeting mechanisms at all levels of Union’s activities.

Union policies and their implementation (Part 2)

Including a new Chapter on equality of women and men

EWL regrets that the Convention did not accept the EWL’s recommendations to introduce a new Chapter “Equality of women and men” in the part 2, under A3 “Policies in other specific areas” of the future Treaty. A coherent and extensive Chapter on gender equality would provide a firm basis for an integrated European legal framework and give the means to take effective actions. The EWL proposes that this new Chapter include:

A general provision laying down a legal framework for a European Policy on equality of women and men whereby the Union commits to ensure the full implementation of the human rights of women and the girl child. Measures would be taken on the basis of the co-decision procedure (Qualified Majority Voting in the Council of Ministers).

A provision with direct effect prohibiting discrimination on the ground of sex based on the same model as the current article 12 TEC, which prohibits discrimination on grounds of nationality. As for article 12, this new provision will hold that its implementation measures shall be taken using the co-decision procedure.

A provision laying down the basis for the development of a comprehensive policy combating all forms of violence against women, including trafficking and prostitution: Women’s human rights and equality are intrinsically linked. All forms of violence are fundamental violations of human rights and persistent obstacles to the enjoyment by women of their rights to equality. A legal base in the new Treaty is urgently needed.

Introduction of positive actions in all areas as a mean to reach full equality: Positive actions are required until mentalities are changed and prejudice eliminated, in order for substantive and effective equality to be reached in all areas of the Union’s competences.

A provision integrating social policies and gender equality: The links between social policies and gender equality should be recognised as a basis for EU policy action. The Union must contribute to the reinforcement of gender equality and social cohesion through developing social protection systems, those systems having a considerable impact on gender equality.

Strengthening provisions on Public health (A5, II)

Sexual and reproductive rights form an integral part of women’s human rights and are still daily violated in the European Union and worldwide. The EWL proposes that the current provision on public health is strengthened so that it ensures the full realisation of the sexual and reproductive rights of women and gives competence to the European Union to develop activities for the promotion of sexual and reproductive rights (including the right of all women to control all aspects of their health, in particular their own fertility). Measures should be taken on the basis of the co-decision procedure.

External action (B)

No policies are gender neutral, and in view of accelerating economic globalisation, the EWL considers it essential that a gender equality perspective play a more central role in establishing EU external policies. This requires that a gender analysis and gender equality objectives be an integral part of the design, implementation, and evaluation of all EU external policies, including commercial policies (item I), development cooperation policy (item II), Common Foreign and Security Policy (item IV), conclusion of international agreements (item V) and defence policy (item C). Fundamental rights and sustainable development should also be fully taken into consideration.

The EWL recalls the reaffirms the resolution 1325 from the UN Security Council (31st Oct 2000) whereby is reaffirmed “the important role of women in the prevention and resolution of conflicts and in peace building, and the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decision-making with regard to conflict prevention and resolution”.

By:
European Women's Lobby
Lobby européen des femmes
18, rue Hydraulique
B-1210 Bruxelles
Tel. +32 2 217 90 20
Fax: +32 2 219 84 51
greboval@womenlobby.org
http://www.womenlobby.org