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EQUALITY LAW IN AN ENLARGED EUROPEAN UNION Part 6

Khoản 4, 5 Điều 11 của Luật bình đẳng giới quy định một số điểm như Nam, nữ bình đẳng về tiêu chuẩn chuyên môn, độ tuổi khi được đề bạt, bổ nhiệm vào cùng vị trí quản lý, lãnh đạo của cơ quan, tổ chức, quy định về biện pháp thúc đẩy bình đẳng giới gồm: bảo đảm tỷ lệ thích đáng nữ đại biểu Quốc hội. | EU sex equality law post AMSTERDAM 173 use of the dominance approach .110 But then again there is the argument that EU sex equality law cannot become an entirely all-embracing human right due to the limited competence of EU institutions.111 However the need for successful integration of women as part of the Lisbon strategy for the internal market and other policies should go a long way to this end. The Race Directive has clearly paved the way for the new Article 13 Directive 2004 113 EC broadening the scope of sex equality law beyond the area of work and employment and no doubt for significant progress. However the fact that this Directive is considerably more limited in scope than the Race Directive has been said to create a hierarchy in discrimination to the detriment ofsex equality law despite the considerable heritage of the latter as spelt out earlier in this chapter. Another worry has been the erosion of key concepts of discrimination law as a consequence of their overall harmonisation. As regard justifications the traditional view is that direct discrimination can never be justified. However in her report to the Stockholm Congress already referred to above Tamara Hervey emphasised justifications of both direct and indirect discrimination on an uninterrupted scale and argued that the former Article 2 rules of the ETD will be seen as justifications within the discrimination concept.112 Recent developments add to this picture. It is now all about the justification of differential treatment said Bercusson a propos the Part-time and Fixed-term Directives banning explicitly only direct discrimination and at the same time opening up the way for its justification. There is also the very extensive rule on acceptable differential treatment in the form of direct discrimination concerning age in the Framework Directive113 and concerning the provision of goods and services exclusively or primarily to members of one sex when justified by a legitimate aim appropriate and .