The Legislation,Practice And Revelation On Anti-sex-discrimination In The Employment Of EU

Sex-discrimination has a long history and it is the most traditional model in the world. Sex-discrimination is not only associated with the tradition and notion but also with the development of the economy of the country, especially directly with the situation of the labor market. Among the regulations of anti-discrimination of EU, sex-discrimination, which is the focus of anti-discrimination law of Europe for a long time, was the earliest to step into the sight of the enactment. Among all the anti-discrimination legislations, anti-sex-discrimination is the most mature and the most perfect and it acted best. As the most perfect area of the employment in the world, anti-discrimination notion is the basic policy and principle of the society, and it considers the equal opportunity as the foundation and a premise of the freedom and democracy. At the same time, the EU's lawmakers, the law-executors, civil groups, scholars and the ordinary citizens actively participate in and promote the EU's cause of justice and impartiality.As the starting point, this article compares different concepts about sex-discrimination in different countries and summarizes its common characters. Furthermore, it synthesizes and combs from the following three respects: EU's legislation and practice, case analysis and realistic challenge. Combining with the newest theories in economics, social science and anthropology, the article also conducts a deep survey and multi-angle analysis, and it provides some suggestions which are appropriate to China's situation.Undoubtedly, in the field of anti-sex-discrimination, EU is known as the model in the world. Especially its practice in law, EU's history is the longest and its content is the densest in the existing work frame. Anti-discrimination also has a profound influence in the cause of equality between men and women inside and outside the EU, and in other areas as the construction of anti-discrimination system. Early in 1957, there was a clause in European Community Treaty, which forbad equal work but unequal pay between the men and women. After that, this clause was further amended in Amsterdam Treaty. In 1976, European Commission passed Act of Equal treatment between men and women, which protected the women's rights and interests in a comprehensive manner in employment. In 2000, European Commission amended the Act of Equal treatment between men and women and it serves as the central law of the anti-sex-discrimination in EU. In September of 2003, European Parliament and European Council issued 2000/73/EU Act which was a compilation law. The equal system it established became the model in the field of anti-sex-discrimination and showed the direction for the anti-discrimination in the world.We have to admit that something must be improved for EU if anti-discrimination is concerned: because of its particular organizing structure and legislation process, it results in many disagreements within EU which affects its efficiency in law and many anti-discrimination laws were not laid out or modified in time. Secondly, there are many social and cultural divergences among the member states, which led to much obstruction when anti-discrimination was put into practice and some member states were too reluctant to turn the related laws into internal legislation. Finally, the law of anti-discrimination in Europe is not the most advanced if compared with the global labor organization, but its anti-discrimination is still the most developed area in the world. Contrast to EU, the cause of anti-discrimination in China has many drawbacks or defects especially in legislation.In China, from the angles of occupation and profession as well, women have a lower position than men in the employment structure. The female marginalization is more and more fierce in the labor market. Though the Chinese government has set up some laws such as Constitution, Labor Laws and Law safeguarding Women's Rights and Interests to protect women's rights, there is no specific law up to now aiming to eliminate the discrimination in labor market. Moreover, those laws related to sex-discrimination have many deficiencies in China: less specific, poor operation, no standard for evaluation of sex-discrimination, weak law enforcement and supervision, etc. So, it is urgent for us to learn the lawmaking and practice experience of western countries, especially EU. Thus, we can perfect legislation, establish a truly harmonious society, unify democracy and legal system and ensure the equality between men and women and social justice.