Promulgation Of Rights In Gender Diversity

Promulgation of rights in gender diversity

Introduction

Different initiatives have been promulgated to promote equality and contribute to break the crystal ceiling, which women face when trying to access the Administration Councils. Breaking the "crystal ceiling" today constitutes an aspect of intense debate in both academic and professional fields, being also a joint challenge that the European economy faces. The presence of women in business decision bodies today constitutes a strategic issue for society as a whole.

Developing.

At present there is a directive proposal approved by the European Parliament in 2013, which seeks to accelerate the process of incorporating women into positions of responsibility, there must be 40% of the gender less represented among the executive counselors of the companies quoted by 2020. This requirement will only be until 2028, from which there is supposed to be parity.

Legislative initiatives can be classified into two groups, "Hard Law" and "Soft Law". This directive proposal would be framed in what is known as hard law, that is, establishment of fees by regulations. The legislative "soft law" seek parity in terms of gender together with the principle of "complying or explaining", that is, in case of not complying, explaining why not the market, investors;Among them we can find good governance codes.

The case of Norway, which represents a reference point in terms of gender diversity;This country has been a pioneer in establishing a 40% share for traded and public companies.

And Spain followed its steps with the 20062 good governance code, also called Conthe Code. Its main objective is that traded societies achieve adequate gender diversity in their administration councils and, in turn, mentions that the potential business talent of 51% of the population – women – cannot be economically rational inThe whole of the big companies in our country.

In addition, Spain was the second European country to approve a Law on Gender Equality, the Equality Law of 2007, with the objective of increasing women’s participation in all public and private organizations. Among other provisions, it establishes a quota in the Administration Councils, given clear evidence of inequality between men and women. The quota established in this law is 40% voluntary;This law lacks penalties before breach.

It is exposed in it by referring to women in the Administration Councils that:

• Article 54. Appointment of representatives of the General State Administration. The General State Administration and public bodies linked or dependent on it will designate their representatives in collegiate bodies, committees of experts or advisory committees, national or international, in accordance with the principle of balanced presence of women and men, except for reasonsfounded and objective, duly motivated. Likewise, the General State Administration and the public bodies linked or dependent on it will observe the principle of balanced presence in the appointments that correspond to the Business Administration Councils in whose capital participates.
• Article 75. Participation of women in the Business Administration Councils. Companies forced to present non -abbreviated profit and loss account will seek to include in their Board of Directors a number of women that allow a balanced presence of women and men within eight years from the entry into force of this law. The provisions of the previous paragraph will be taken into account for the appointments that are made as the mandate of the appointed counselors before the entry into force of this law visits.

conclusion.

Within the corporate governance, in addition to the Board of Directors explained above, we also find the company committees, these arise from the need to delegate certain functions of the Board of Directors, due to the amplitude of the laws and bylaws. On the one hand, the delegated or executive commission arises, and, on the other hand, the supervision and control commissions.