Abstract
In December 1984 the Equality Directive 79/ 7/EEC on Statutory Social Security schemes came into force. Since then, this Directive has forced changes to the social security systems in the UK, Ireland, Belgium and the Netherlands. This article argues that, in the main, these changes have achieved the removal of bars on certain categories of women, married women and women cohabiting with male partners, from claiming benefits. Inequalities facing women in building up individual entitlements to social security benefits are of greater com plexity, however, than simply bringing about 'formal equality' between men and women. The article argues that these inequalities stem at least in part from the limited recognition in social security systems of unpaid caring work, such as bringing up children, and the care of elderly and sick persons, in establishing entitle ment to social security benefits. In the face of these problems the Directive has been con siderably less effective. The European Court of Justice has not prevented all four countries from cutting back on social security provision, even in ways which adversely affect women to a greater extent than men. Rules and con ditions such as earnings thresholds for con tributory benefits, or requirements of certain levels of previous income, both act to exclude part-time workers, most of whom are women, from social insurance systems. It is doubtful whether the Directive could be used to chal lenge these rules, partly because of the caution of the European Court of Justice in matters of equality in social security. The Directive, it is argued, is also unable to counter forms of dis crimination against women in social assistance benefits, despite the reality that greater num bers of people across the European Union are relying on these benefits. The article concludes on a note of measured enthusiasm for the ef fectiveness of this Directive in achieving sub stantial change for women.
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