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Chapter 8

The Special Treatment versus Equal Treatment Debate

On This Page

 

Typographical Correction to the Chapter

In the reproduction of Nevada Department of Human Resources v. Hibbs there is a typographical error

on page 309. In the first full paragraph, the final sentence currently reads “The Ninth Court reversed.”

The correct sentence should read “The Ninth Circuit reversed.” 538 U.S. 721, 725 (2003). Please see

the correct version on page 725 of this document.

Documents from the Chapter

Each document has its own box.  The box contains, on the top bold line, the name of the document. 

This is followed by the legal citation (not in bold).  Under these lines, the box contains one or more

sources for opening the document.  In the left-hand column (“HTML”or “PDF”), the reader can access

the official document copy, hosted on RossRights.  This permits rapid access to the document.  In the

right-hand column (“External Link”), the reader can access the same document on an official website. 

This link will often take more time to appear than the PDF or HTML copy, but should be used for official

legal citations. Asterisks accompany links where additional steps to reach the document are required.

For all United Nations Treaties, the source marked "Original" contains the UN General Assembly

Resolution (G.A. res.) adopting the relevant treaty, which is found in the "Annex" following the

Resolution.  The source marked "UN High Comm'r for Human Rights" contains the relevant treaty,

without the G.A. res.

Key:
Map AvailableMap(s) Available
Photo AvailablePhoto(s) Available

EC and EU Directives:

Equal Treatment Directives

1976 Equal Treatment Directive,

Council Directive 76/207, 1976 O.J. (L 039) 1, 11 (EC).

Europa EUR-Lex HTML

 

1976 Equal Treatment Directive, as amended by 2002 Directive (Consolidated),*

Council Directive 76/207, 1976 O.J. (L 039) 1, 11 (EC), as amended by European Parliament and Council Directive 2002/73, 2002 O.J. (L 269), 15 (EC).

Europa EUR-Lex PDF

*The paragraphs and sections marked with a "B" in the left-hand margin are original to the 1976 Equal Treatment Directive, while those marked "M1" were either added or modified by the 2002 Equal Treatment Directive.

 

2002 Directive Amending 1976 Equal Treatment Directive,

European Parliament and Council Directive 2002/73, 2006 O.J. (L 204/23) (RC).

Europa EUR-Lex PDF

 

2006 Equal Treatment Directive,**

European Parliament and Council Directive 2006/54, 2006 O.J. (L 204/23) (RC).

Europa EUR-Lex PDF

**Effect and purpose of this Directive:

Effect:

This Directive consolidates in one document four prior directives concerning equal treatment for women and men in employment, pay, and occupational social security schemes, and as to burdens of proof.  It also incorporates further amendments, some of which stem from decisions of the Court of Justice of the European Communities.  As part of the consolidation, this Directive repeals the prior directives.  The 1976 Equal Treatment Directive [ETD], as amended by the 2002 Directive, remains on this website, however, because the Court of Justice case law in Chapters Seven and Eight interprets the first, and Women's Human Rights contains questions concerning the second.  The substance of the 1976 ETD, as amended by the 2002 ETD, remains the same in the 2006 ETD as to the issues studied in these chapters.  See especially Articles 14-16 and 23 of the 2006 ETD, for the substance covered by Chapters Seven and Eight of Women's Human Rights.

Purpose:

“The purpose of this Directive is to ensure the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

To that end, it contains provisions to implement the principle of equal treatment in relation to:

(a) access to employment, including promotion, and to

vocational training;

(b) working conditions, including pay;

(c) occupational social security schemes.

It also contains provisions to ensure that such implementation is made more effective by the establishment of appropriate procedures.” -- Council Directive 2006/54/EC, art. 1 2006 O.J. (L 204/23) (EC).

 

Pregnancy and Parental Leave Directives

1992 Pregnant Workers Directive,

Council Directive 92/85, 1992 O.J. (L 348/1) (EC).

Europa EUR-Lex HTML

2010 Parental Leave Directive,

Council Directive 2010/18, 2010 O.J. (L 068/13) (EC).

Europa EUR-Lex PDF

International Labour Organization Conventions

P89 Protocol of 1990 to the 1948 Night Work (Women) Convention (Revised)
International Labour Organization HTML

1990 C171 Night Work Convention
International Labour Organization HTML

 

Cases

Nevada Department of Human Resources v. Hibbs,

538 U.S. 721 (2003).

United States Reports PDF

 

Nevada In ContextNevada

Nevada is located in the Southeast of the United States of America. It is located between

California on the east and Arizona and Utah on the west; Oregon and Idaho split its northern

border.

Additional Relevant Links:

Commission of the European Communities v. Italian Republic,
Case 163/82, 1983 E.C.R 3273 (1983).
European Court of Justice PDF

Map of Italy

Italy, located in Southern Europe, is a peninsula extending into the central Mediterranean Sea,

northeast of Tunisia.

       in the north and Albanian-Italians and Greek-Italians in the south)

       other 10% (includes mature Protestant and Jewish communities and a growing Muslim

       immigrant community)

 

Hofmann v. Barmer Ersatzkasse,
Case 184/83, 1984 E.C.R. 3047 (1984).
European Court of Justice HTML

Map of Germany

Germany lies in Central Europe, bordering the Baltic Sea and the North Sea, between the

Netherlands and Poland, south of Denmark.

       Italian, Polish, Russian, Serbo-Croatian, Spanish)

       28.3%

 

Commission of the European Communities v. France,
Case 312/86, 1988 E.C.R. 6315 (1988).

European Court of Justice HTML

Map of France

France is located in Western Europe, bordering the Bay of Biscay and English Channel, between

Belgium and Spain, southeast of the UK; bordering the Mediterranean Sea, between Italy

and Spain.

       minorities  overseas departments: black, white, mulatto, East Indian, Chinese,

       Amerindian

       unaffiliated 4%  overseas departments: Roman Catholic, Protestant, Hindu, Muslim,

       Buddhist, pagan

 

Links from the Chapter

 

Additional Maps and Photos

 

Map of Poland

Poland is located in Central Europe, east of Germany.

       other and unspecified 2.7% (2002 census)

       Protestant 0.3%, other 0.3%, unspecified 8.3% (2002)