Maternity in Europe : trapped in a stereotype: a history of a fight with roots and ties
Maternity in Europe : trapped in a stereotype: a history of a fight with roots and ties
Date
2019
Authors
Chmiel, Agnieszka
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Abstract
Women in Europe have long been seen as primary carers and this has significantly influenced their
earnings and position in the labour market. The understanding of the importance of women’s
participation in the European labour market and tackling the issue of declining birth rates across the
continent has created a need for a better balance between paid and unpaid work. However, the change
in stereotypes deeply rooted in society appears to be more complicated than expected, even for the
European Union that claims to be a pioneer in gender equality. The lost opportunity in defining the
relationship between the Pregnant Workers Directive and the Recast Directive seems to be a failure that
will be difficult to rectify. The non-consideration of existing economic hierarchies in the reconciliation
of work-life balance through the introduction of unpaid leave does not makes achievement of the goal
any easier. The changes in society are often recognized by jurisprudence but show slow, gradual
progress in challenging the subsidiary role of men in parental duties and the provision of lengthy leaves
solely for mothers, which are still held to be compatible with EU law. In this paper I will outline the
shape of maternal and parental protection in Europe including the relevant case law of the Court of
Justice of the European Union and the European Court of Human Rights. With the aim of identifying
the weaknesses of the legal system of the European Union, I will outline its shortcomings. In doing so,
I will illustrate the system using the example of how the Pregnant Workers Directive and Parental
Leave Directive were implemented in Portugal and Poland and reveal how, despite limited freedom for
Member States in the implementation of the standards, the outcome and results of the introduced
measures differ significantly.
Description
Second semester University: New University of Lisbon
Keywords
motherhood,
European Union,
labour market,
equality,
Court of Justice of the European Union,
European Court of Human Rights,
Portugal,
Poland