Equality Between Men and Women 4
Equality Between Men and Women 4 : Self-employed activity: EU Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity and in the protection of self-employed women during pregnancy and motherhood, pursues the implementation of the principle of equal treatment for persons engaged in an activity in a self-employed capacity and spouses participating in this activity to protect pregnant women and women who have recently given birth engaged in such activities. The Directive covers the "self-employed workers": all persons pursuing a gainful activity for their own account, under the conditions laid down by national law, including farmers and members of the liberal professions. The Directive also covers their spouses, who are not employees or partners, but who habitually participate in the activities of the self-employed worker. The principle of equal treatment implies the absence of all discrimination on the grounds of sex. All provisions contrary to the principle of equal treatment, in particular in respect of the establishment or extension of a business or of any other form of self-employed activity, shall be eliminated by the European Union (EU) Member States. The conditions for the formation of a company between spouses may not be more restrictive than the conditions for the formation of a company between unmarried persons. Where contributory social security systems for self-employed persons exist in an EU Member State, spouses who are not protected under the self-employed workers' social security scheme must be able to join a contributory social security scheme voluntarily. The Member States undertake to examine any appropriate steps for encouraging the recognition of the work of the spouses. The Member States undertake to examine under what conditions female selfemployed workers and the wives of self-employed workers may have access to services supplying temporary replacements for existing national social services or be entitled to cash benefits (under a social security scheme or public social protection system) during interruptions in their occupational activity owing to pregnancy or motherhood. All persons who consider themselves wronged by failure to apply the principle of equal treatment in self-employed activities must be able to pursue their claims by judicial process. The measures adopted pursuant to Directive 86/613 EEC and the relevant provisions already in force are brought to the attention of the bodies representing self-employed workers and vocational training centres
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