The professor and co-founder of the Feminist Network of Constitutional Law, Mar Esquembre, points out to INFORMATION questions that the text addresses the inaction of the Administration, since “the omission” of positive actions is also considered “discriminatory”.
“We went to work this summer, in August. We delivered all the documentation on December 4, a very intense work, with many internal discussion meetings between those of us who make up the work team. Esquembre highlights the system of infractions and sanctions, as well as the inspection mechanisms; which emphasize that the so-called “reproductive work” or care tasks “are for the maintenance of life”; and that positive actions become an unavoidable criterion of action for public powers, “in such a way that they justify not the adoption of positive actions, but their omission.”
Without going any further, this past February the Supreme Court agreed with these same arguments with the ruling with which it agreed with CC OO, regarding the lack of promotion of women in scientific research. “We were very happy to see that the Community Supreme Court accepted this perspective that we propose”, the specialist from the UA abounds. The main novelty of the sentence resides in that it qualifies the inaction of the Administration, such as this new legal draft, as discriminatory.
The text contemplates that the Consell must eliminate wage discrimination, for which the collective agreements will be reviewed. In addition, you will need to estimate a “social and economic value” for care activities.
It also includes measures for equality in the private sector, so that the administration cannot contract with companies that violate equality and includes advantages for those that include premises in this regard.
The Consell has opened the process for a public hearing of this draft on the Equality website “in order to collect the contributions and opinions of citizens and entities from March 9, 2021 to May 8, 2021, both inclusive”.
Oppositions, teaching in Infants and home care in the legal text
The syllabi must include content of Equality laws and schools will be open for more hours
The text articulated with the Equality Law that the UA has delivered to the Consell, consists of a preamble followed by 84 articles -divided into 5 titles and these, in turn, into chapters and sections-, with 5 additional provisions, a transitory provision , a repealing provision and two other final provisions. Among others, contemplates the right and duty of conciliation, so that the public social services system has to guarantee care and care at home. It is also urged to extend the hours of nursery schools and schools with children from 2 to 5 years of age, as well as school places for these ages, to adapt them to the socio-labor reality of families. Competitions for access to public employment are included when considering laws and equality content in their syllabi. They must also include a quota of no less than 10% of the places, intended for women victims of gender violence. The Ministry of Education must also include content related to affective health and, in general, the use of non-sexist language throughout the Generalitat.