Domestic Violence in Postcommunist States: Local Activism, National Policies, and Global Forces

CHAPTER 10 The European Union, Transnational Advocacy, and Violence against Women in Postcommunist States

CHAPTER 10 The European Union, Transnational Advocacy, and Violence against Women in Postcommunist States CELESTE MONTOYA Although the origins of the European Union (EU) revolved largely around economic issues, its expansion into social policy has included issues related to women’s rights. Gender equality has been a unique social issue within the EU. Article 141 of the Treaty of Rome, the founding document of what is now the EU, required that member state ensure equal pay for equal work, a measure that received very little attention until feminist organizations in the 1970s pressured the EU to enforce this requirement. A series of rulings and directives by the European Court of Justice and the European Commission, respectively, started a precedent for EU involvement in gender equality issues in the workplace.1 Since then, the EU has become an important alternative policy venue for feminists in their campaign for gender equality more broadly. The institutions within the EU that have been more involved in issues of gender equality are the European Commission and the European Parliament. Whereas the European Council represents the governments of member states, the European Parliament represents the people, and the European Commission represents the EU itself. Within these EU institutions, women are more strongly represented than in many of the member state national governments. As of the 2004 elections, women hold approximately 30 percent of the seats in the European Parliament, a percentage higher than that found in a majority of national legislatures . Approximately one-third of the current European Commissioners are women. In addition, there are a number of committees and units designed specifically to address issues related to gender equality. The European Parliament has a Committee on Women’s Rights and Gender Equality. In the European Commission, under the Employment, Social Affairs, and Equal Opportunities Directorate, there are two units that deal with gender equality issues: the Equal Opportunities forWomen and Men: Strategy and Program Unit and the Equality of Treatment between Women and Men: Legal Questions Unit. Other committees pertaining to gender equality include the Fundamental Rights Committee; the 294 Celeste Montoya Anti-discrimination and Equal Opportunity Group (of Commissioners); theHighLevelGrouponGenderMainstreaming;theAdvisoryCommittee on Equal Opportunities for Women and Men; the Inter-service Group on Gender Equality; and the Group of Experts on Gender, Social Inclusion, and Employment. An important institution for the advocacy of gender equality in the EU is the European Women’s Lobby (EWL). The EWL was created with the support of the European Commission. Its mission is to “work together to achieve equality between women and men, to eliminate all forms of discrimination against women, to ensure that women’s human rights are respected, to eradicate violence against women, and to make sure that gender equality is taken into consideration in all European Union policies.”2 It is the largest umbrella organization of women’s associations in Europe and provides an important link between nongovernmental organizations (NGOs) and the EU institutions. It has actively advocated on behalf of a number of gender equality issues, including violence against women. In 1997, the EWL created the European Observatory on Violence against Women, an expert group made up of representatives from each member state, each with extensive expertise on the issue of gender violence.3 In recent years the EU institutions and the European Women’s Lobby have all been involved in addressing issues of gender equality that go beyond the workplace, including violence against women. These institutions have been a part of the effort to advocate for better domestic policies aimed at improving women’s human rights. However, despite the support and effort of these institutional actors, many issues related to gender equality are treated less seriously. As stated by members of the United Development Fund for Women (UNIFEM) in a consultative meeting held in April of 2006, “The strong focus of EU directives related predominantly to gender equality on labor market issues leaves other areas that are fundamental to achieving gender equality insuf- ficiently addressed and uncovered by legally binding instruments” (UNIFEM 2006: 2). Whereas equal treatment and equal employment fall within the scope of hard law policy (policy that is legally binding and enforceable), efforts to address issues such as violence against women have come primarily in the form of soft law policy—nonbinding resolutions and recommendations. Despite limitations, soft law measures are still means of raising public awareness, legitimizing issues, and placing them on the political agenda. The...