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IZOLDA TAKÁCS: THROUGH A GLASS DARKLY
most likely to be addressed, and, as Kelsen (1998) puts it, we will answer where
and when differences need to be taken into account in the legislative process
in order for the law to ultimately be applied fairly.
The question is: Would the sentences differ if the court were to accept and
be sensitive to the specific circumstances of women, especially in relation to
domestic violence?®
HUMAN RIGHTS ABUSES IN THE FIELD OF WORK
Gender discrimination can also be observed in the professional field and is
most noticeable in the wage gap and during job interviews. In addition, there
is discrimination in benefits with regard to atypical work, such as teleworking
or part-time work. As part-time work is mainly chosen by women (e.g. those
having children), they are also the most affected.
Equal pay legislation was already enshrined in Article 141 of the Treaty of
Rome (formerly Article 119). Article 141 (1) states that equal pay shall apply
not only to equal work but also to work of equal value. The International Labour
organisation founded after the First World War (ILO) must also be mentioned,
which now functions as a specialized agency of the United Nations, dealing
with the 100 Conventions on Equal Remuneration of Men and Women (1951)
and the 111 Convention on Discrimination in Employment or Occupation
(1958).
Despite the regulations, the gender wage gap remains a general phenomenon.
In the EU, for example, women earn 16.2% less of an hourly wage on average
(see Gender pay gap statistics). According to the EUROSTAT report, in Hun¬
gary there was a 14.2% earnings gap between women and men in 2017.”
The petitioner was a public employee active in the area of work, fire and property
protection. She had been working as a team leader for years. She complained that
her pay was lower than that of her colleagues working in the same area, and she
assessed that her female gender was the reason.
Based on the above, the Authority concluded that the petitioner was not awarded
the supplement because of her female gender, which is why it held that the employer
had violated the principle of equal treatment with respect to the petitioner.”
68 Monori: Esélyegyenldség, 64.
© More about the issue of the gender pay gap, see: Simonovits, B. — Szeitl, B. (2018): Nok és férfiak
helyzete — nemzetközi összehasonlításban, https://www.tarki.hu/sites/default/files/trip2018/166¬
183 simonovits szeitl Nok ferfiak helyzete.pdf (accessed 14 November 2019).
7” EBH/152/2018, http://84.206.127.9/index.php/hu/jogeset/ebh1522018 (accessed 21 May 2022).
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