Directive 2004/113/EC on Gender Equality in Goods and Services

Contents

INTRODUCTION
1.1 Subject matter and scope of the report
1.2 Treaty provisions and the Charter of Fundamental Rights
1.3 The secondary legislation on gender equality
1.4 The Goods and Services Directive

THE GOODS AND SERVICES DIRECTIVE IN THE MEMBER STATES
2.1 Transposition into National Law
2.2 Personal scope of Directive 2004/113/EC
2.2.1 Who is entitled to protection under the Directive?
2.2.2 Who is obliged to ensure equal treatment?
2.3 Material scope of Directive 2004/113/EC
2.3.1 What are ‘goods’ and ‘services’?
2.3.2 Transactions carried out in [the] context of private and family life
2.3.3 Content of media, advertising and education
2.3.4 Healthcare services
2.3.5 Insurance and related financial services
2.3.6 Occupational and private pensions
2.4 The Goods and Services Directive in the online environment
2.4.1 Platform economy
2.4.2 Artificial intelligence and algorithms
2.5 Concepts of discrimination, justifications and positive action
2.5.1 Direct and indirect discrimination
2.5.2 Harassment, sexual harassment and instruction to discriminate
2.5.3 The intersectional dimension of discrimination
2.5.4 Justifications
2.5.5 Positive action
2.5.6 Measures for the protection of pregnancy and maternity
2.6 Building a culture of rights in this field
2.6.1 Awareness of rights and duties – access to information
2.6.2 Reporting, enforcement and remedies
2.6.3 Monitoring and compliance
2.6.4 Other bodies involved in the promotion of gender equality in relation to goods
and services

THE FUTURE OF THE GOODS AND SERVICES DIRECTIVE
3.1 The Goods and Services Directive as a paradigm shift measure?
3.2 The story so far
3.3 Looking ahead: towards a more effective Goods and Services Directive
3.3.1 How changes can be introduced
3.3.2 Substantive issues that need to be addressed