Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming.     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming. This revised version was published online in July 2006 with corrections to the Cover Date.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper. This revised version was published online in July 2006 with corrections to the Cover Date.     

Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate.     

Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate. This revised version was published online in July 2006 with corrections to the Cover Date.     

Letting Women in? Gender Mainstreaming in Regional Policies

Gender mainstreaming has over the last ten years become the dominant strategy of integrating gender issues in public policy. This article presents regional policy as a broad and increasingly important policy field to study, and analyses gender mainstreaming in this policy field in the Norwegian and the Swedish contexts. How do problem representations surrounding “gender equality” and “gender mainstreaming” produce meanings of gender as well as construct possibilities for change? The article shows that, despite some differences between the two countries, gender mainstreaming in regional policy can to a large extent be read as meaning “women”. Women are in this context given a narrow subject position and are constructed as lacking what it takes to produce sustainable regional growth. The concluding discussion highlights the relations between the implementation of gender mainstreaming and neo‐liberal political trends.     

Gender Mainstreaming and Global Governance

This article seeks to explain the variable implementation of gender mainstreaming as a `policy frame' over time and across various international organisations (I.O.s). In the years since the U.N. Fourth World Women's Conference in Beijing (1995),mainstreaming has been endorsed and adopted by a wide range of international organisations, and we compare the adoption and implementation of mainstreaming in four specific I.O.s: the World Bank, the United Nations Development Programme, the Organisation for Security and Cooperation in Europe, and the European Union. The rhetorical acceptance of mainstreaming by various international organisations, however, obscures considerable variation in both the timing and the nature of the mainstreaming process within and among organisations. This variation, in turn, can be explained in terms of the categories of political opportunity, mobilising structures and strategic framing, which have been put forward by social movement theorists.     

Parity,Power and Representative Politics: The Elusive Pursuit of Gender Equality in Europe

In recent years the concept of parity democracy has rapidly risen up the European political agenda. Using a threefold typology of sex-quotas, this article undertakes a classification of the measures taken by the 15 old E.U. member states to improve the gender balance in representative assemblies. This is then used as the basis for an exploration of the advantages and disadvantages of the parity approach as a tool to promote gender equality, including the constitutional obstacles which stand in its way. The article goes on to present a comparative study of several national systems in which attempts to achieve parity democracy have been pursued, concluding that, in order to maximise their effectiveness, parity measures must operate within a system of unbiased political structures and be properly adjusted to suit the particularities of individual national electoral regimes.     

Gender Mainstreaming and Global Governance

This article seeks to explain the variable implementation of gender mainstreaming as a `policy frame' over time and across various international organisations (I.O.s). In the years since the U.N. Fourth World Women's Conference in Beijing (1995),mainstreaming has been endorsed and adopted by a wide range of international organisations, and we compare the adoption and implementation of mainstreaming in four specific I.O.s: the World Bank, the United Nations Development Programme, the Organisation for Security and Cooperation in Europe, and the European Union. The rhetorical acceptance of mainstreaming by various international organisations, however, obscures considerable variation in both the timing and the nature of the mainstreaming process within and among organisations. This variation, in turn, can be explained in terms of the categories of political opportunity, mobilising structures and strategic framing, which have been put forward by social movement theorists. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level.     

Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level. This revised version was published online in July 2006 with corrections to the Cover Date.     

European law as a lever for female workers at the national level: Belgium and the Equal Pay Directive of 1975

‘Equal pay for equal work’ is a longstanding feminist claim. In this regard, the 1975 Equal Pay Directive of the European Economic Community has generated momentum for women at the national level. Based on the Belgian case, we explain how national actors – and more specifically trade unions and their women’s committees – have used European law to foster wage equality. Despite the existence of binding norms since the 1950s, this principle of equal pay has been poorly applied. The implementation of the directive in the Belgian neo-corporatist institutional framework has given trade unions the possibility to secure an extensive interpretation of the directive’s general provisions. The assumption driving this paper is that this directive has generated momentum for change – though this is not a synonym of ‘a miracle solution’ – in Belgium regarding wage equality. More fundamentally, this study is about the intertwining of European and national laws and the way in which European norms can offer instrumental opportunities to national actors to impact their domestic polity and policies, here on social and gender matters.     

The New Equal Treatment Directive: Plus Ça Change ...

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and (sexual) harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects the spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court.     

The Question of Feminism in Gender Mainstreaming—A Case of Non-conflict in Local Politics

This article discusses gender equality and how and why a gender mainstreaming strategy avoids the question of gender conflict. The making of gender-equality work is studied by investigating how feminism is talked about and rejected in a specific gender mainstreaming project in the municipality of Örebro, Sweden. Drawing upon the theoretical concepts of hegemony and discourse, the focus is on the silences—the unspoken questions and problems—surrounding the project. I examine how the exclusion of feminism and conflict is articulated when gender mainstreaming is introduced as a new way of doing gender-equality work in the municipality. The struggles identified show that feminism is rejected because it is seen as being in opposition to (1) professionalism and (2) legitimate political issues. I conclude that within the local discourse of gender mainstreaming there is a notion that this form of gender-equality work ought to be performed without harmful or threatening gender conflicts. This means that the strategy of gender mainstreaming constitutes a short-cut to bypass controversial problems like equal treatment, special efforts for women, and men's privileges in gender-equality work.     

V.A.T., Taxation and Prostitution: Feminist Perspectives on Polok

Debates concerning the taxation of prostitution have occurred in taxation law and in feminist literature. This article will integrate the case of Polok v. C.E.C. [2002] E.W.H.C, 156; [2002] S.T.C. 361, within the feminist legal canon. The case is discussed in the context of the argument of the European doctrine of fiscal neutrality, which dictates that, regardless of legality as amongst member states, if an activity is levied to V.A.T. in one member state, V.A.T. should be levied on it in all member states. The doctrine of sovereignty accepts the possibility that the integrity of the V.A.T. system may be compromised by the levying of tax on illegal activities, in terms of the cooperation between tax and other aspects of the U.K.’s legal system. European law, feminist law, commodification and the marketplace are all considered within the context of these principles. The article also considers the place of Polok within standard feminist texts on prostitution. Different paradigms of prostitution define different aspects of prostitution as ‘problems’, and the article considers the implications within a feminist reconstruction of Polok of this. The article suggests that the challenge for a feminist analysis of Polok is to remain within the realm of European tax and competition law, and to render the perspective of the employees of the Polok taxpayers part of the substance of the deliberations of the case.     

promoting freedom from poverty: political mobilization and the role of the Kensington Welfare Rights Union

Contemporary social policy toward low-income women in the United States, as evidenced both by Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and by the AFDC programme that preceded it, is in part an artefact of long-standing conceptions of the nature of citizenship. This view sees citizenship as resting primarily on civil and political rights, not on rights with respect to economic, social, and cultural matters. Drawing on scholarly literature on the development of international human rights regimes, the feminist literature that analyses social policy both comparatively and in terms of US domestic policy, and literature regarding contemporary movements among low-income persons, this paper analyses the efforts of one organization, the Kensington Welfare Rights Union (KWRU), to challenge US policy via international human rights law and international enforcement mechanisms. We will suggest that, despite some of the flaws of the KWRU, their approach is a promising one for low-income women. In particular, we wish to suggest that a broader conception of citizenship that takes into account economic, cultural, and social rights is necessary to create a more equitable and democratic polity for women.     

A report on gender discrimination in South Africa's 2002 Immigration Act: masculinizing the migrant

Changes in immigration policy and legislation have the power to shape and alter the gendering of migration in significant ways, and can have a dramatic effect on the lives and relationships of the men, women and families involved. In this paper, we examine the provisions of the new Immigration Act introduced in South Africa in 2002. The Act, which replaces the outdated Aliens Control Act of 1991, gives considerable cause for concern on gender grounds. Foremost, the Act entrenches a system of male-dominated regional labour migration that has its origins in the 19th-century discovery of gold and diamonds. The male bias in the work permit and other employment-based categories along with the limits to family reunification for those entering for work are likely in effect to discriminate against women to a greater extent than men. While similar gender concerns are common to most immigration policy regimes around the world, the particular circumstances of the South African case, where both skilled and unskilled migration streams are heavily male-dominated, makes them especially acute here. This paper contextualizes migration regimes in South Africa and examines in detail the likely implications of the new Immigration Act.     

Land grabbing and the making of an authoritarian populist regime in Hungary

ABSTRACT

How do authoritarian populist regimes emerge within the European Union in the twenty-first century? In Hungary, land grabbing by oligarchs have been one of the pillars maintaining Prime Minister Orbán’s regime. The phenomenon remains out of the public purview and meets little resistance as the regime-controlled media keeps Hungarians ‘distracted’ with ‘dangers’ inflicted by the ‘enemies of the Hungarian people’ such as refugees and the European Union. The Hungarian case calls for scholarly-activist attention to how authoritarian populism is maintained by, and affects rural areas, as well as how emancipation can be envisaged in such a context.