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Parliamentary
Assembly
Assemblée parlementaire
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RECOMMENDATION 741 (1974)[1]
on the legal position of
women
The Assembly,
1. Considering that Resolution 3010 (XXVII) of the General
Assembly of the United Nations proclaimed 1975 "International
Women's Year" ;
2. Recalling its Recommendation 504 (1967) on the political,
social and civic position of women in Europe ;
3. Welcoming the existence, in domestic and international law,
of rules prohibiting discrimination on the basis of sex, in
particular Article 14 of the European Convention on Human
Rights ;
4. Noting, however, that discrimination based on sex still
subsists in certain aspects of our societies, and that, while
it is often based on psychological, social and economic
factors, it is also sanctioned by many legal provisions ;
5. Considering that questions relative to the implementation
of the principle of non-discrimination in such fields as the
nationality of married women and of children of mixed
marriages, family law, social security for non-gainfully
employed women and labour law must be solved at European level ;
6. Welcoming the numerous initiatives and projects for reform
which have been undertaken in these fields by the Council of
Europe and its member states, and by the European Communities ;
7. Noting with satisfaction that the theme selected for the
14th Conference of European Ministers responsible for Family
Affairs to be held in 1975, is "The equality of man and woman ; its implications for family life and governmental action" ;
8. Stressing at the same time the importance it attaches to
having these various projects and initiatives implemented with
maximum efficiency and coordination ;
9. Recalling, in respect of the nationality of married women
and of children of mixed marriages, the solutions advocated in
Recommendations 519 (1968), on the nationality of married
women, and 696 (1973), on certain aspects of the acquisition
of nationality ;
10. Considering, in respect of parental law, that both parents
must have equal rights and obligations towards their under-age
children, and that they must exercise these rights and perform
their obligations jointly and exclusively in the interests of
the child ;
11. Recalling, with regard to social security for
non-gainfully-employed women, that work in the home must be
considered as an economic activity giving immediate
entitlement to social security benefits ;
12. Considering that much has still to be done to implement
the principle of equal pay for men and women, not only for
equal work but also for work of equal value ;
13. Recalling also that the provisions intended to protect the
special needs of women or abolish discrimination relative
thereto must not result in discrimination against men,
14. Recommends that the Committee of Ministers of the Council
of Europe :
i. invite the member states which have not yet done so to sign
and ratify the international
conventions containing provisions prohibiting discrimination
based on sex, in particular :
- the 1957 United Nations Convention on the Nationality of
Married Women, and
- the European Social Charter ;
ii. pursue with determination the various activities relative
to the position of women which are included in the Work
Programme 1973-74 and in the draft Work Programme 1975-76, and
see to it that the aim is achieved with efficacity and
coordination ;
iii. see to it that the various legislative reforms planned in
the member states are based on common principles and lead to
substantial harmonisation of legislation ;
iv. bear the principle of non-discrimination in mind when
asked to adopt the draft recommendation on social security for
non-gainfully-employed women, which is now being prepared by
the Committee of Experts on Social Security ;
v. study, when the time comes, the possibility of extending to
all member states of the Council of Europe the provisions of
the Community directive now being drafted on harmonisation of
the legislations of the member states on application of the
principle of equality of remuneration for men and women
workers.
[1]. Assembly debate on 30 September 1974 (15th Sitting) (see
Doc. 3477, report of the Legal Affairs Committee).
Text adopted by the Assembly on 30 September 1974 (15th
Sitting).
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