European Union (EU) law and policy on work–family reconciliation has developed by way of two parallel but often incoherent movements. The jurisprudence of the Court of Justice of the EU has been a driving force in its interpretation of sex discrimination provisions in the context of claims concerning women’s labour market experiences, which have subsequently been codified, for example, to provide positive rights in relation to pregnancy and maternity. Alongside this development, policy has been linked to wider economic concerns such as the goal of full employment leading to specific measures intended to equalize employment conditions for those with non-standard working arrangements and to encourage shared parenting between men and women. The lack of a specific focus on work–family reconciliation as a goal for law and policy in its own right has resulted in a patchwork of provisions rather than an overarching framework. The net result is that EU law provides an unsatisfactory response to what has been termed the unsolved conflict between paid work and unpaid care. Recent developments may provide a solution. The Commission has reinvigorated its interest through its ‘New Start’ initiative – a package of both legislative and non-legislative measures under the auspices of the European Pillar of Social Rights launched in April 2017. Provisions incorporate, inter alia, a proposed directive that would amend the parental leave regime and introduce paid paternity and carers’ leave. This article provides a critique of law and policy to date and assesses the potential for a coordinated EU strategy for work–family reconciliation, focusing specifically on gender equality. It is argued that, even with the enhanced interest of the Commission, it may be difficult to achieve a coordinated approach to what has always been a contentious policy area within a rapidly changing EU although the United Kingdom’s departure from the EU may provide an opportunity in this respect.

中文翻译：

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性别平等和相关就业政策的演变

欧盟 (EU) 关于工作与家庭和解的法律和政策是通过两个平行但往往不连贯的运动发展起来的。欧盟法院的判例一直是其在有关妇女劳动力市场经历的索赔背景下解释性别歧视条款的推动力，这些条款随后被编纂，例如，提供与怀孕有关的积极权利和产假。除了这一发展，政策还与更广泛的经济问题相关联，例如充分就业的目标导致采取具体措施，旨在为非标准工作安排的人提供平等的就业条件，并鼓励男女共同养育子女。缺乏将工作与家庭和解作为法律和政策目标本身的具体重点，导致条款错综复杂，而不是一个总体框架。最终结果是，欧盟法律对所谓的有偿工作和无偿护理之间未解决的冲突提供了令人不满意的回应。最近的发展可能会提供一个解决方案。委员会通过其“新开始”倡议重新激发了其兴趣——在 2017 年 4 月推出的欧洲社会权利支柱支持下的一揽子立法和非立法措施。修订育儿假制度并引入带薪陪产假和护理假。本文对迄今为止的法律和政策进行了批评，并评估了欧盟协调工作与家庭协调战略的潜力，特别关注性别平等。有人认为，即使欧盟委员会的兴趣有所提高，也可能难以对快速变化的欧盟内一直存在争议的政策领域达成协调一致的方法，尽管英国退出欧盟可能会提供机会这种尊重。