Abstract
Restrictions on the employment of women have historically fallen within three categories: work in dangerous environments, night-shift work and working after/during a pregnancy. EU directive 92/85/ EEC addresses each of these categories. Sweden was found to be in violation of the third prong, despite the demonstrable practice of women taking leave after giving birth. The directive and its implementation raises the question of whether the legislation is actually beneficial to women or, instead, simply a continuation of an historical treatment of women as objects of guardianship. The EU Commission's view of the directive, and its implementation in Sweden, forces Sweden to take a step backwards with respect to its position of parental leave being a right instead of an obligation.
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