Tuesday, August 3

Equality entrusts the UA with a draft law that extends parity to all bodies

These are some of the key measures and issues collected in the draft:

  1. Wage gap. The Consell must guarantee the right to equal opportunities and will establish measures to eliminate any remuneration discrimination, direct or indirect, in the field of employment in companies whose registered office is in the Community. The labor inspectorate will prioritize the fight against the wage gap and will review collective agreements so that they lack discriminatory clauses. In training activities for professional training or active labor insertion of male sectors, only women may be summoned.
  2. The value of reproductive labor. The Consell will analyze the inequalities in the use of time for reproductive and care work and will make an estimate of the social and economic value that these activities represent. Every four years it will publish a satellite account with this estimate and will promote actions to dignify the conditions of caregivers and to avoid multiple discrimination.
  3. The right and duty of conciliation. To guarantee conciliation rights, the public social services system must guarantee care and home care in a regulated manner. It is urged to expand the places of early childhood education and the extension of the hours of the schools beyond the strictly teaching to accommodate them to the reality of the families.
  4. Access to public employment. The draft proposes that content on equality laws be included in the agendas of the selection processes for access to public employment of the Generalitat. Public employment offers must include a quota of no less than 10% of the vacancies to be filled by women victims of gender violence. On the other hand, it is proposed that in the scale of access to the public function, the completion of courses on equality and clauses in which priority is given to women in groups in which they are underrepresented be included as a merit.
  5. Obligation of a non-sexist language. The Generalitat, its bodies, the Corts and the statutory bodies are obliged to use non-sexist language. The draft establishes that public authorities must use, both in their oral and written communication, an inclusive language. It extends this obligation to the Valencian media corporation and to any medium that contracts or receives a subsidy from the Generalitat.
  6. Sexual and reproductive health. The administration is urged to include the dissemination of content related to affective health in educational policies, as well as to facilitate universal access to safe contraceptive methods, with special attention to adolescence.

The draft of the preliminary draft of the law of effective equality of women and men that the Conselleria de Policies Inclusivas has entrusted to the University of Alicante proposes extending parity to all decision-making areas of the Generalitat, an objective that implies that women are represented together with men 50% not only in the Administration but also in all public entities or foundations. The draft states that when parity is not possible, the balanced presence (at least 40% of each sex) in the appointment of governing bodies. In unipersonal bodies, parity will be required on the occasion of each appointment.

This twist on parity, which would also apply to jury for awards or contests subsidized by the Consell, sports federations, professional associations and even trade unions or business organizations when they exercise their rights of institutional participation, it is one of the highlights. The public powers are commanded to the principle of parity in the distribution of power and in access to public functions and positions.

The future equality law is in the process of public hearing and the will of the department that directs Monica Oltra it is to achieve high participation, which does not imply that there is already a lot of work done. The Women’s Institute last summer, he commissioned a work from the University of Alicante through a minor contract, which consists of a report and a draft already delivered. An expert team in equality law and policies has participated under the direction of the Professor of Constitutional Law at the University of Alicante, Mar Esquembre and made up of other referents in the academic world, such as the professor Santiago García Campá (UJI) o Ana Marrades (University of Valencia). The result is an exhaustive work that includes a comparative study of regional equality laws, as well as an analysis of Valencian legislation (55 laws 110 decrees) with equality provisions. The Ministry also has at least one other draft prepared internally.

The university draft includes a series of positive action measures to promote equality in the private sector. In fact, the text includes the prohibition of the administration to contract with companies that fail to comply with the equality regulations, for example, that lack an equality plan, while urging the contracting authorities to give advantages to offers that include measures of equality. For example, parity in the governing bodies, the approval of the equality plan, etc. In order to obtain subsidies, it will be a requirement to have an equality plan and the Generalitat may deny aid to entities sanctioned for offenses related to discrimination on the basis of sex. The exclusion can last five years. In the educational and healthcare field, preference will be given to entities that guarantee work-life balance measures.

CEV doubts

The new demands for companies, advanced by Oltra, gave rise yesterday to the president of the CEV employer, Salvador Navarro, to warn the Consell that laws like these, although logical, may not be enforced and generate more bureaucracy. The text includes a system of sanctions for infractions, from minor to very serious, and with a wide range that goes from fines (60,000 euros maximum) to prohibition to hire or even termination in case of breach of public office. Another key aspect is the Inspection of the Generalitat on equality. It is proposed to attribute to this internal control body powers to monitor compliance with this standard. The staff must be specialized, with training in equality, and have an accrediting document that gives them authority and access to facilities.


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