eu network of independent experts on fundamental rights (cfr-cdf)

70EU NETWORK OF INDEPENDANT EXPERTS ON FUNDAMENTAL RIGHTSIn the Slovak Republic, substantial progress still has to be made as regards therepresentation <strong>of</strong> women in the politics and in leading positions, and there remains alarge disparity in wages between men and women.Positive aspects and good practicesUpon examination <strong>of</strong> the reports submitted by its members on the situation <strong>of</strong> fundamentalrights in the 25 Member States <strong>of</strong> the, the EU Network <strong>of</strong> Independent Experts onFundamental Rights has noted with interest that in Spain, Law n°30/2003 <strong>of</strong> 31 October 2003provides for a systematic evaluation <strong>of</strong> impact on gender <strong>of</strong> the normative provisions adoptedby the government ; such a systmatic impact assessment, however, will only be fully effectivewhen statistical data will be more systematically gender-specific. The Network also welcomesthe fact that in Italy, Article 51 <strong>of</strong> the Constitution has been amended, introducing aconstitutional basis for affirmative actions that foster the representation <strong>of</strong> women in theelective bodies. In Poland, the Council <strong>of</strong> Ministers adopted on 19 August 2003 a NationalAction Programme for women – the 2 nd implementation stage, covering the years 2003-2005.Finally, the Network notes with satisfaction that in Greece, two legislative amendmentsadopted in 2003 have abrogated the limitative quotas previously restricting the admission <strong>of</strong>women in police and fire-fighters’ schools or in the body <strong>of</strong> border-guards. Moreover, theCouncl <strong>of</strong> State has concluded to the constitutionality <strong>of</strong> positive action measures in favor <strong>of</strong>women, also in the domain <strong>of</strong> political rights, by application <strong>of</strong> Article 116(2) <strong>of</strong> theConstitution, as amended in 2001, a provision which is directly inspired by Article 23(2) <strong>of</strong>the Charter <strong>of</strong> Fundamental Rights.Having examined the report evaluating the activities <strong>of</strong> the institutions <strong>of</strong> the Union on thebasis <strong>of</strong> the EU Charter <strong>of</strong> Fundamental Rights, the EU Network <strong>of</strong> Independent Experts onFundamental Rights welcomes the proposal <strong>of</strong> the European Commission, based on Article 13EC, to extend the requirement <strong>of</strong> equal treatment between women and men in the access to,and the provision <strong>of</strong>, goods and services (COM(2003)657 final). It would however encouragean explicit acknowledgment in the directive that statistical data may lead to a suspicion <strong>of</strong>indirect discrimination against women or men, and impose <strong>of</strong> the author <strong>of</strong> the measure,criterion or practice to justify that the measure, criterion or practice has been adopted inpursuance <strong>of</strong> a legitimate objective and by reasonable and necessary means.The EU Network <strong>of</strong> Independent Experts on Fundamental Rights takes note <strong>of</strong> the judgmentdelivered on 9 September 2003 by the European Court <strong>of</strong> Justice in the case <strong>of</strong> Rinke (C-25/02), and invites the Commission to consider defining the limit imposed on the MemberStates by the principle <strong>of</strong> equal treatment between men and women in the implementation <strong>of</strong>Article 5 <strong>of</strong> Council Directive 86/457/EEC <strong>of</strong> 15 September 1986 on specific training ingeneral medical practice (OJ 1986 L 267, p. 26), now incorporated as Article 34 <strong>of</strong> CouncilDirective 93/16/EEC <strong>of</strong> 5 April 1993 to facilitate the free movement <strong>of</strong> doctors and themutual recognition <strong>of</strong> their diplomas, certificates and other evidence <strong>of</strong> formal qualifications(OJ 1993 L 165, p. 1), which states that training in general medical practice, although it maybe organized on a part-time basis, must at least comprise a period during which it is full-time.Article 24. The rights <strong>of</strong> the childState <strong>of</strong> ratificationsThe EU Network <strong>of</strong> Independent Experts on Fundamental Rights notes that Article 24(1) <strong>of</strong>the Charter must be read in accordance to the requirements formulated by Article 24(1) <strong>of</strong> theInternational Covenant on Civil and Political Rights (1966) and by Articles 3(2) and 12 <strong>of</strong> theConvention on the Rights <strong>of</strong> the Child (1989). It notes that Article 24(2) <strong>of</strong> the Charter mustbe read in accordance to Article 3(1) <strong>of</strong> the Convention on the Rights <strong>of</strong> the Child and thatCFR-CDF.Conclusions.2003.en