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Tatiana FULEY,

Head of the Department of Scientific and Methodological Support for the Training of the Judicial Corps of the National School of Judges of Ukraine, Candidate of Law

POSITIVE ACTIONS AS TEMPORARY SPECIAL MEASURES TO ACHIEVE GENDER EQUALITY IN THE LABOR MARKET: JURISPRUDENCE OF THE EUROPEAN COURT OF JUSTICE

The article is devotes to definition of the “positive action” and it’s distinguish with some similar definition such as “affirmative action”, “special measures” and different notion such as “positive obligation” in light of international practice of their implementation. Also, three the most significant ECJ cases dealing with positive actions towards gender equality on labor market are covered.

Key words: positive action, affirmative action, temporary special measures, positive obligations, ECtHR, ECJ, gender equality.

References

Suslova O. Positive actions (briefly about the familiar stranger). 2009. S. 4 URL: http://www.empedu.org.ua/sites/default/fi les / positive_actions_info_booklet.pdf. [ukr.]

Handbook on European anti-discrimination law. K .: LLC "KIS", 2013. 194 p. [ukr.]

For more details, see: Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms: Standards of Application in the Administration of Justice / Akhtyrska N., Filatov V., Fulei T., Hembach HK: Istina, 2011. P. 84–89. [ukr.]

Garnaga v. Ukraine: Judgment of the European Court of Human Rights of 16 May 2013 in case (application no. 20390/07). [ukr.]

Novoseletsky v. Ukraine: judgment of the European Court of Human Rights of 22 February 2005 (application no. 47148/99). [ukr.]

Susanne Burri and Sacha Prechal, EU Gender Equality Law (2008). Р. 4. [ukr.]

Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. [engl.]

Eckhard Kalanke v Freie Hansestadt Bremen, Case C-450/93, judgment of the Court of Justice of 17 October 1995. [engl.]

Marschall v Land Nordrhein-Westfalen, Case C-409/95, judgment of the Court of Justice of 11 November 1997. [engl.]

Katarina Abrahamsson and Leif Anderson v Elisabet Fogelqvist, Case C-407- / 98, judgment of the Court of Justice of 6 July 2000. [engl.]