Excluding women from jobs

Case 3: The facts

This case challenged legislation in Austria that prohibited the employment of women in mining and in high-pressure and diving work. The state said the provision was designed to protect women's health.

The ruling

The Advocate General, the European Court of Justice's legal advisor, said provisions already exist to protect women's health in cases of pregnancy or maternity. Other than these, women should not be excluded from certain types of employment on the ground that they need more protection than men against risks that affect both sexes in the same way.

Commission of the European Communities v Republic of Austria C-203/03