Contratación pública y discriminación positiva. Cláusulas sociales para promover la igualdad de oportunidades entre mujeres y hombres en el mercado laboral

Abstract

Law no. 4/2005, passed by the Basque Parliament on February 18 for the equality of men and women, establishes, among other measures, certain employment proposals. The article analyses in detail two of those above-mentioned groups of measures. As far as the first one is concerned, which includes measures related to public engagement, the article assesses the gender perspective and the equality of opportunities between men and women, and requires for business companies engaged by public administrations to implement them. As regards the second group, in which measures concerning access and promotion in public office, this short study proposes to carry out positive action (priority clause) within those fields in which women are still under representation. According to the author, all those measures give rise to controversy, legal contrapositions, as well as ideological discrepancies. In short, the article first focuses on the objections arisen and sets them in the context of the present labour market; after that, it outlines the concept of, and justification of, positive discrimination; it then promotes the inclusion of the social approach in public engagement; and, finally, it analyses whether the above-mentioned measures are in accord with the laws in force.