The FPUE review: a step forward for women’s rights? 

(Original: french)

Written by: Marie Pavlovitch

Translated by: Mathilde Domont

The 30th of June marked the end of France’s Presidency of the Council of the European Union (FPUE). According to the gender equality index 2020 of the European Institute for Gender Equality (EIGE), progress toward the equality between women and men is slow – it would need more than 60 years for it to happen within the Union – and the differences between the member states are considerable^[1]Gender Equality Index (s. d.). European Institute for Gender Equality (EIGE). Consulted on July, 11th, 2022.. The Strategy in favour of the equality between men and women promoted by the European Commission is based on a two-approach of targeted measures, combined to a “reinforced integration of the equality dimension at every stage and within every action field of the European Union^[2]Commission européenne, Une Union de l’égalité : Stratégie en faveur de l’égalité entre les femmes et les hommes 2020-2025, 3/03/2020”. An opportune approach to allow the French presidency to enter its politics under the symbol of gender equality. Thus, what are the outcomes of the FPUE in these areas? 

The member states’ division hinder the respect of the sexual health and reproductive rights 

The 19th of January 2022, Emmanuel Macron announced his intention to enter the abortion in the charter of the Fundamentals Rights^[3] François, J. (2022, 20 janvier). Inscrire l’IVG dans la Charte des droits de l’UE : une volonté de Macron difficile à traduire, La Croix. Consulted on 11 July 2022. during his speech of general policy in front of the European Parliament and its president, Roberta Metsola, conservative known for her opposition to the abortion^[4]We note that the Renew Europe group, of whom La République en Marche is associated, allied with the European Popular Party (Parti populaire européen), whose Metsola is from, to take her to the … Continue reading^[5]François, J. (2022, 20 janvier). Inscrire l’IVG dans la Charte des droits de l’UE : une volonté de Macron difficile à traduire, La Croix. Consulted on July, 11th, 2022. “Roberta Metsola … Continue reading . The realisation of this project would ensure the access to abortion to all the european citizens. Nevertheless, this objective is not mentioned in the official program of the FPUE and it was not reached under its mandate. This Thursday, July, 7th, 2022, the European Parliament took the idea of Emmanuel Macron back and voted in favour of the inscription of the abortion in the charter of the Fundamentals Rights^[6]324 votes in favour, 155 against and 38 abstentions. (Traduction libre) Le Parlement européen demande que le droit à l’avortement soit inscrit dans la charte des droits fondamentaux de l’Union … Continue reading^[7] Le Parlement européen demande que le droit à l’avortement soit inscrit dans la charte des droits fondamentaux de l’Union européenne (2022, 7 juillet). Franceinfo. Consulted on 11 July 2022. However, according to the actual treaties, it is mandatory to have the unanimity of the member states to modify the charter. Yet Poland and Hongria continue to filibuster to the sexual health and reproductive rights within the Union^[8]This division slowed the execution of multiple measures in favour of women rights, especially the project of gendered quotas in the administration councils, whose realisation was delayed by almost … Continue reading. To overcome this, the members of the European Parliament (MEP) asked the Council to gather to discuss about an agreement allowing to reexamine the Treaties without the unanimity rule^[9]Le Parlement européen demande l’inscription de l’IVG dans les droits fondamentaux de l’UE (2022, 7 juillet). IVG : le Parlement européen demande son inscription dans les droits fondamentaux … Continue reading. 

Nevertheless, on February, 28th took place a round-table discussion of the FPUE, with the support of the family planning, on the topic of the rights regarding sexual and reproductive health. Clément Beaune, Secretary of State in charge of the European Affairs, affirmed his wish to reinforce the financial commitments of France to the associations defending women rights outside of Europe in the frame of the feminist diplomacy of France. 

A symposium organised by the High Council to Equality explored this idea of feminist diplomacy^[10]Pour une Europe féministe : quels enjeux à l’heure de la présidence française de l’Union européenne (2022). Présidence française du Conseil de l’Union européenne. Consulted on 11 July … Continue reading around three challenges: the gender equality and the economic revival ; the rights and the sexual and reproductive healths (DSSR) and the rule of law ; the fight against sexual and sexist violences. However, these thematics are also missing from the official program of the FPUE which is unfortunate because their mediatisation is precious to raise awareness of the public opinion. Moreover, symposiums and round-table discussions do not lead to the publication of reports or accessible conclusions to the general public, which is avoiding citizens to hold the government accountable on the results of its commitment. 

The management of sexual and sexist violences is also affected by the state members polarisation around women rights. In June 2017, the EU signed the Convention of the Council of Europe on the prevention and fight against violence towards women, the so-called Convention of Istanbul. The latter contains central measures to fight against domestic violence, whose system of restraining orders or the possibility for the women victims of domestic violences to find support within specialised structures. But some state members^[11]Haut Conseil à l’Egalité entre les femmes et les hommes. (2021, juillet). AVIS – Diplomatie féministe et Union européenne : Quelles priorités pour la Présidence française de l’Union … Continue reading did not ratify the Convention, which avoided the EU to be in full possession of its own legal framework which would allow it to sanction the authors of violences against women. In 2021, Turquia, first signatory of the Convention, withdrew from it. Even if it is technically impossible to do so (because it would need to cancel the ratification of the Convention by the national Parliament), it created a precedent^[12]idem which might encourage other states, reluctant to respect the fundamental rights, to follow this example. Thereon, Clément Beaune announced willing to inspire a political pressure for the ratification of the Convention of Istanbul by all of the state members^[13]Bauer-Babef, C. (2022, 1 mars). Droits, santé sexuelle et reproductive : Clément Beaune appelle à plus de « diplomatie féministe » . Consulted on 11 July 2022. None concrete progress has been realised for now. 

A conference “Hate, discriminations, gender violences : justice to the contemporary forms of intolerance” still took place on January, 27th, 2022. It aimed to draw a state of play of the contemporary forms of intolerance, including the ones taking place on the Internet, and come up with the perspectives of reinforcement of the cooperation and the legal answer. The problem of the cyberharassment is a major problem : a investigation realised, in 2014, by the Agency of the fundamental rights of the EU shown that 20% of the European citizens between 18 and 29 years old already have been victims of sexual harassment on the Internet^[14]European Union Agency for Fundamental Rights. (2021). Crime, safety and victims’ rights – Fundamental Rights Survey. Luxembourg : Publications Office of the European Union. … Continue reading. The FPUE announced in its program its will to make progress as far as possible the negotiations with the European Parliament on the Digital Service Act in order to protect the users of the Internet. It is now done : the Digital Service Act (DSA), voted the last January 20th, establish a legal framework which limits the diffusion of illicit or discriminatory contents or else remarks inciting harassment. It imposes the platforms to provide their algorithms to the state members and develop a toll allowing the users to signal illicit contents so that platforms can remove them rapidly. Although the FPUE did not address specifically to the women, the DSA might contribute to contain the cyberharassment which reach them in remarkable proportions^[15]IPSOS & Féministes contre le cyberharcèlement. (2021, novembre). Cyberviolence et cyberharcèlement : état des lieux d’un phénomène répandu.  

On the other hand, the FPUE gave the necessary impulsion for the European Commission to write a proposal aiming to add the discourses and hate crimes to the list of infractions provided by the European legislation. A hard majority of the state members supported this proposal, which would allow the EU to legislate in criminal matters on discourses and hate crimes, including based on gender and sexual orientation^[16] Bilan de la présidence française du Conseil de l’Union européenne. (2022, 30 juin). Présidence française du Conseil de l’Union européenne. Consulted on 11 July 2022.. It must be now adopted by the Council and then the European Parliament before coming into effect.  

The equality within the professional sphere progresses but inequalities persist

The FPUE program insisted particularly on the importance of a collective answer to the Covid-19 pandemic. Although this area concerns all of the European citizens, women were on the frontline at the moment where the pandemic showed up by representing the majority of the key workers during the first quarantine and 76% of the 49 billion of European health workers^[17] Essential workers | EIGE (2021). European Institute for Gender Equality (EIGE). Consulted on 11 July 2022.. We might have hoped for an explicit recognition of this investment. Nonetheless, it has been omitted in aid of general objectives: coordination of the answer to the crisis at the European scale, objective of the highest level of vaccinal protection, limit the constraint to free movement, etc. Women are thus particularly forgotten in the economic revival plans which support mostly masculine sectors representing a weak part of the employment market^[18]Fondation des Femmes. (2021, mars). L’IMPACT DU COVID-19 SUR L’EMPLOI DES FEMMES. 

The presidency all the same underlined the importance of the economic empowerment of the women (a ministry conference took place to this purpose on January, 31st, 2022. It recognised explicitly the persistence of gendered wages gaps and charged itself to push the negotiations with the European Parliament forward on the directive proposition to reinforce the application of the principle of the wages equality between men and women for a same job. The EU would ask the companies of more than 50 employees to communicate information allowing the person working for the same employer to compare wages more easily and reveal every gap of wage between genders within the organisation, which might be thus sanctioned by the state members. Following the vote of the European Parliament, the proposition needs to be negotiated with the 27 state members. 

Nevertheless, under the impulsion of the FPUE, the completion of previous negotiations, blocked since 2013, will constrain European entreprises listed on the stock advance to respect the representation of a certain proportion of women in their board of directors by 2026 : the latter would need to represent at least 40% of the non-executives members of the board of directors or 33% of all the members (executives and non-executives). Regarding the state members which might not have reached these objectives, societies will remain to implement transparent corrective procedures for the selection and the nomination of the board of directors’ members^[19]Le Conseil et le Parlement européen parviennent à un accord pour améliorer l’équilibre femmes-hommes au sein des conseils d’administration. (2022, 7 juin). European Council. Consulté le 11 … Continue reading. During a speech for the international day of Women Rights, Emmanuel Macron affirmed his will to reach complete parity^[20]Déclaration de M. Emmanuel Macron, président de la République, sur l’action de la France en faveur de l’égalité entre les femmes et les hommes dans l’Union européenne, à Paris le 8 mars … Continue reading. 

Finally, the French presidency declared its willingness to lead negotiations with the European Parliament concerning the proposition of a directive related to appropriate minimum wages in the Union. This directive was subject to a provisory agreement in June 2022 and still need to be voted at the Council of EU then at the European Parliament^[21]Salaires minimaux: Le Conseil et le Parlement européen parviennent à un accord provisoire sur une nouvelle législation de l’UE – Consilium. (2022, 7 juin). European Council. Consulted on 11 … Continue reading. We underline that, even if it is not officially addressed to women, it will have a non-negligible effect on the average standard of living of the European citizens by improving “the working and life conditions of the European citizens, especially by establishing shared principles and criterias for the setting, in every state member, of the good level of minimum wage^[22]idem”. 

Globally, the FPUE program follows more or less the axes of the Strategy in favour of the equality between men and women^[23]“The main objectives are to put a stop to the violences of a sexist nature, to fill the gender gaps on the employment market, to reach an equal participation in the different sector of the economy, … Continue reading. However, it must be recognized that political representatives struggle to acknowledge the importance of the concern and to provide it the means that it deserves. Gender equality does not seem to be recognized like a transversal concern and women are still excluded in the communication about politics that concern them. The establishment of levels of minimum wage on EU territory is a good example of it: because it participates in gender equality, it would have been relevant to address directly themselves to the women, which might have nourished an institutional dynamic favourable towards creation of other measures in their favour. 

Generally, the assessment thus is reserved. We note that some measures particularly symbolic like the establishment of quotas in the board of directors or the official and explicit recognition of pay inequalities but we are still far from the goal of the Action Plan of the EU on gender equality and the empowerment of the women in external action^[24]The Action Plan of the EU on gender equality and empowerment of the women in the external action provides that 85% of all the new actions led within the frame of external relations will contribute to … Continue reading, which provides that 85% of all the new actions led within the frame of external relations will contribute to gender equality and empowerment of the women by 2025.

To cite this production: Marie Pavlovitch, “Le bilan de la PFUE : une avancée pour les femmes ?”, 13.07.2022,  Gender in Geopolitics Institute.

The statements in this article are the sole responsibility of the author.