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Order Apu/526/2005, Of March 7, Why Has The Publication Of The Agreement Of The Council Of Ministers On March 4, 2005, Which Approves The Plan For The Equality Of Gender In The General Administration Of The State.

Original Language Title: ORDEN APU/526/2005, de 7 de marzo, por la que se dispone la publicación del Acuerdo de Consejo de Ministros de 4 de marzo de 2005, por el que se aprueba el Plan para la igualdad de género en la Administración General del Estado.

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TEXT

The Council of Ministers at its meeting of 4 March 2005 adopted an Agreement approving the Plan for Gender Equality in the General Administration of the State. Whereas the general knowledge of the abovementioned Agreement, which is inserted below, has been published in the Official Gazette of the State. Madrid, 7 March 2005.

SEVILLA SEGURA

ANNEX

Agreement approving the Plan for Gender Equality in the General Administration of the State

The recognition by Article 14 of the Spanish Constitution of the right to equality of all Spaniards, without the possibility of any discrimination based on sex, and the realization of this right in access to the In the case of the case-law of the Commission, the Commission has taken the necessary measures to ensure that it is not possible for the Commission to carry out the necessary measures.

Thus, the general principle of non-discrimination based on sex established in the text of the Law of Civil Servants of the State, approved by Decree 315/1964 of 7 February, was limited in its application by other rules. Law 56/1961, of July 22, justified discrimination based on "natural facts or circumstances of such an easy and obvious understanding that its justification in detail is redundant or useless", while the current legislation established In the case of married women, another patent discrimination in their opportunities for entry into the public function is based on what was considered "the power of direction that nature, religion and history attribute to the husband". The development of the constitutional right to equality and the constitutional principles of merit and capacity in access to public service was a necessary step to overcome the situation of legal inequality between the two sexes, previously existing, in the performance of the public service. Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, its subsequent regulatory development by the Royal Decrees 364/1995 of 10 March, and 365/1995 of 10 March, and, more recently, Law 39/1999 of 5 November 1995, for the reconciliation of the working and family life of working people, for which Council Directives 76 /207/EEC of 9 February 1976 and 2002 /73/EC of the European Parliament and of the Council of 9 February 1976 were transposed into the Spanish legal system. On 23 September 2002, they also contributed positively to the development of our General government of the principle of gender equality. Removing the legal obstacles preventing women from carrying out public employment on an equal footing, however, they still have difficulties in completely eradicating discrimination against women in general government. I would like to point out that the Commission's proposal for a Council Decision is a very specific one. On the other hand, the increasing incorporation of women into the labour market has not been sufficiently accompanied by measures to promote the consolidation of a new form of cooperation and engagement between men and women and to enable a balanced distribution of responsibilities between the sexes in professional and private life. It is therefore a priority to establish a model which provides for, in addition to the legal guarantees of the right to equality, the new social relations arising from the incorporation of women into the labour market and promote the consolidation of a professional culture fully committed to the real equality of opportunities of both sexes in the access to public employment and in the professional promotion of those who work in the Administration in the service of the citizenry. To this end, the Plan for Gender Equality in the General Administration of the State, which is approved in this agreement, establishes a set of measures to eliminate the obstacles that are still established to guarantee in practice the real equality of opportunity between men and women in the access and performance of the public service. Among these measures, positive actions are included to promote the promotion of women to positions of greater status, to ensure the reconciliation of their professional responsibilities with their personal and family life and to promote the culture of co-responsibility between the two sexes. The plan is structured in the following groups of measures and actions.

(a) Measures to promote gender equality in access to public employment.

(b) Measures to promote the professional promotion of public employees. (c) Measures for the reconciliation of personal, family and work life of persons working in the General Administration of the State. d) Measures against gender-based violence in the General Administration of the State. e) Initiatives to promote the value of gender equality in the General Administration of the State. f) Measures for the study and evaluation of the professional trajectory by sex of public employees and the development of the principle of gender equality.

In its virtue, on the proposal of the Minister of Public Administration, the Council of Ministers, at its meeting of 4 March 2005, approves the following agreement: The Plan for Gender Equality in the Administration is approved State General, which is listed as an annex to this agreement

ANNEX Plan for Gender Equality in the General Administration of State 1. Measures to promote gender equality in access to public employment

With the aim of promoting women's access to public employment in conditions of equality, merit and capacity, especially in the bodies or categories in which they are under-represented, the following measures:

1.1 The Administrative Information Center of the Ministry of Public Administration will have a unit of information, advice and assistance through which it will be provided to those who are interested in accessing a public employment information on the requirements under the relevant calls, training or grants and grants available to facilitate women's access to public employment.

1.2 All calls for selective processes by the General Administration of the State for access to public employment, both in general and special bodies, shall include a paragraph indicating whether it exists in the corresponding body under representation of persons of either sex. Likewise, the respective bases will be a reference to the duty of the courts or commissions of selection to ensure, in accordance with Article 14 of the Spanish Constitution, that strict compliance with the principle of equal opportunities between both sexes. 1.3 The composition of the courts and the standing committees for the selection of persons for public employment will be in line with the criterion of parity between the two sexes. For this year, this forecast is in article 4.f) of Royal Decree 121/2005 of 4 February, approving the offer of public employment for the year 2005.

2. Measures to promote the professional promotion of public employees

In order to facilitate the professional promotion of public employees and their access to the pre-management positions and managers of the General Administration of the State, in which women are underrepresented, establish the following measures and actions:

2.1 The General Directorate of the Civil Service will update the database of persons belonging to higher bodies in which their curricular data, training and professional profile will be collected. Where the holders of management bodies request that Directorate-General for managerial or pre-management positions for their provision be subject to the system of free designation, the proposals of that Directorate-General shall include: four potential applicants, at least two of whom must be women.

2.2 The Public Employment Observatory referred to in the Agreement of 21 September 2004, adopted at the Social Dialogue Bureau, will include a section whose mission will be to ensure strict compliance with the principle of equality. In the case of a gender, resolving the complaints that in relation to their violation could be considered by the staff at the service of the General Administration of the State and formulating recommendations and suggestions for its development. 2.3 In the calls for training courses for managers given at the National Institute of Public Administration or other training centres for staff at the service of the General Administration of the State, at least 40% will be reserved. (a) a percentage of the places to be awarded to public employees who meet the requirements laid down in those calls, unless there are not enough women in the body concerned to cover that percentage or that the number of Women's requests are insufficient to cover it. 2.4 The ministerial departments, in agreement with the trade union organisations, will establish in their annual training plan training activities aimed at the internal promotion of their employees and employees, especially from the Groups C and D to the higher groups. These courses should be taught within the ordinary working day to ensure the reconciliation of the family and work life of the employees and the employees who perform them in order to their professional promotion. 2.5 In the provision of jobs through the free designation system, the heads of the management bodies shall ensure that their coverage is proportionate to the representation of each department or body in each department. in the qualification group required in the relevant call. 2.6 The General Administration of the State will seek parity between men and women in the composition of their collegiate bodies and expert committees.

3. Measures for the reconciliation of life, personnel, family and work of people working in the General Administration of the State

In order to promote in the field of the General Administration of the State the reconciliation of family life with the performance of the public service, the following measures and actions are established:

3.1 The General Secretariat for Public Administration, after negotiation with the trade union organizations, will establish a specific mode of part-time working, with the corresponding remuneration decrease, for the reconciliation of family and work life to which elderly persons, children under 12 years of age or persons with disabilities may be eligible.

3.2 By resolution of the General Secretariat for Public Administration, after negotiation with the trade union organizations, the competent authorities will be empowered to authorize, on a personal and temporary basis, the modification of the fixed schedule of the employees and employees, whatever the mode of day they are obliged to provide service in the General Administration of the State, with full and flexible maintenance of the working day which corresponds to them. 3.3 The basis of the competitions for the provision of jobs will be taken into account, for the purposes of assessing the merits, the reasons for the legal guardian of minors or the care of the elderly.

4. Measures against gender-based violence in the General Administration of the State

In the development of Organic Law 1/2004, of December 28, of comprehensive protection measures against gender-based violence, the following decisions are taken:

4.1 The Government will take the necessary measures to amend the Administrative Situation Regulation, approved by Royal Decree 365/1995 of 10 March, in order to make the surplus effective with the reserve of the gender-based violence.

4.2 The Government will adopt the necessary regulatory measures to criminalise sexual harassment as a very serious lack of public officials ' disciplinary regime. 4.3 By royal decree, the government will take the necessary measures to make effective the preferential right of those who have been victims of gender-based violence to the provision of jobs.

5. Initiatives to promote the value of gender equality in the General Administration of the State

5.1 The Ministry of Public Administration will create an award for best practices that the units and agencies of the General Administration of the State will carry out in order to promote in their organization and operation gender equality.

5.2 The National Institute of Public Administration and other public employees ' training centres will include in their respective training plans and programmes seminars and courses to raise awareness and train staff. General Administration of the State, in order to promote gender equality. In addition, the Directorate-General for the Civil Service will promote such seminars in the continuing training plans submitted to them for approval. 5.3 All the items approved for the purpose of conducting selective tests for access to public employment shall include one or more issues relating to the existing rules on gender equality.

6. Measures for the study and evaluation of the professional trajectory by sex of public employees and the development of the principle of gender equality

6.1 The Ministry of Public Administration, through the General Secretariat for Public Administration, will establish a system of homogeneous indicators that will allow the evaluation of all the ministerial and public bodies, the quality of policies to be developed in the General Administration of the State to promote gender equality.

6.2 The General Directorate of the Civil Service will carry out a study to reduce temporality and precariousness in public employment, with special consideration for the causes and measures to be adopted to eliminate its greatest impact. in the women's collective. 6.3 The Ministry of Public Administration will carry out a study on the professional career and the remuneration levels of public employees, in order to take effective measures to ensure their equal treatment of public employees. 6.4 The Ministry of Public Administration will carry out a study on the permits granted related to the reconciliation of work and personal life.

7. Measures aimed at the statistical system and information related to gender policies

7.1 The improvement of the statistical system and information related to gender policies in order to favor decision making in the field of fiscal and budgetary policy:

(a) Inclusion of new indicators of budget programmes disaggregated by sex when this brings value to decision-making.

b) Review and application in standard models of self-validation of taxes and charges and public prices of the disaggregated component of sex when this brings value to decision making, especially to know the gender impact of certain tax benefits. c) Review of statistics to analyze indicators that should be disaggregated by sex.