Gender equality in science is a key priority of European Research Area (ERA) – one of the cornerstones of the Innovation Union flagship initiative and a crucial component of the Europe 2020 Strategy focusing on maximizing the potential of Europe’s research systems. Gender equality in research is based on necessity to improve gender balance in research and decision making and assurance of favorable and gender sensitive working culture and conditions for both: women and man.

In this context the structural change aiming at the improvement of framework conditions for research and innovation is seen as one of the key success factors leading to gender equality in research organizations. The measures undertaken to implement structural change promoting gender equality in research are understood as an important part of research organizations modernization process (Council of the European Union, 2010). In the EC Report “Stocktaking 10 years of “Women in Science” policy by the European Commission 1999-2009“[1] it was stated that “gender equality policies had become an important issue in all EU Member States”. This had been evidenced by numerous achievements and establishments in realm of gender equality in science, among which was establishment of Gender Equality Plans (GEPs), representing a set of measures, involving those leading to increase transparency of institutional practices, creation of friendly working cultures for both genders as well as ensuring gender dimension in research in universities and R&I institutions. GEPs may have a legal basis (required by national or regional laws) or more simply they can be individual initiatives at organizational level [2]. The importance of legal basis for assurance of gender equality in research was stressed in the EC Communication (2012) [3]. The Member States was invited to create a legal and policy environment –remove legal barriers to the recruitment, retention and career progression of female researchers while fully complying with EU law on gender equality. It is well understandable issuer because the main preconditions of successful implementation of gender mainstreaming are political will expressed in legislation. Taking into account differences in existing national provisions relating to gender equality in research based on historical, cultural and economic dissimilarities the aspect of the country-specific legal frameworks and policies is of high importance when analysing effectiveness of implementation GEPs in research organizations in the joint projects with consortium involving different EU countries.

The Report aims at reviewing the Lithuanian legal frameworks in order both to support measures of GEP implementation and analysing effectiveness of implementation GEPs in partner research organizations of Baltic gender project.

Report covers review of Lithuanian fundamental laws regulating gender equality issuers, starting from Constitution [4], Law on Equal Treatment [5], and The Law on Equal Opportunities for Women and Men [6]. To clear the impact of mentioned laws on the organization‘s activities the Labour Code [7] and particularly on research organizations the Law on Science and Study [8] was also reviewed from gender equality perspective. As the ways of implementation of legislation is very important part for assurance of gender equality in research organizations the governmental structures, coordinating implementation of gender equality in Lithuania will be presented and will be discussed the important for research organizations points of National Programme 2015–2021 on Equal Opportunities for Women and Men and Action plan of this programme for 2015-2017[9]. Some information about adopted by Lithuanian Ministry of Education and Science Ministerial legal acts, providing a basis for implementation of gender equality plans in Lithuanian universities and research institutes such as “The Strategy for Assurance of Equal Opportunities for Women and Man in Science” [10] and “The Recommendations for Assurance of Equal Opportunities for Man and Women in the Lithuanian Science and Study Institutions” [11] will be given.

The Constitution. It prohibits discrimination within employment, education, and supply and access to goods and services (Articles 29, 38, 78). Article 29. States that:  “All persons shall be equal before the law, courts, and other state institutions and officials. Human rights may not be restricted; no one may be granted any privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions, or views”.

The purpose of laws  of Equal Opportunities for Women and Men and  Equal Treatment is to ensure the implementation of the provisions of Article 29 of the Constitution of the Republic of Lithuania enshrining the equality of persons / (equal rights for women and men) and prohibition against restrictions on human rights or extensions of privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views/ (prohibition any form of discrimination based on sex) and the implementation of the provisions of legal acts of the European Union and of other international legal acts;

The Parliament (Seimas) of Lithuania passed the Law on Equal Opportunities for Women and Men in 1998. It was the first law of such kind in the entire region of Central and Eastern Europe. The Law established legal reconditions for gender mainstreaming. It introduced obligation for all state institutions and municipalities to ensure, that all legislation in the area of their competence should not break the principle of gender equality. Furthermore, the Law obliged all state institutions and municipalities to initiate and implement gender equality programmes, measures and projects in the areas of their competences as well as support activities of non-governmental women’s organizations. The Law also implied preconditions for temporary special measures regarding gender mainstreaming.

The last amended of law, made on 15 July 2014, prohibits discrimination on the grounds of sex and ensures de jure equal opportunities for women and men in the areas of employment, education and science, consumers’ protection, and social security. On this basis gender issues are /should be integrated into the laws regulating employment and labor matters, social policy issues etc. The Law contains the provisions requiring ensuring equality between women and men.

The law was adopted by Lithuanian Seimas (parliament) in 2005 with the latest amendment in 2017. The law expanded the list of protected grounds to include ethnicity/race, sexual orientation, age, disability and religion/belief, and reaffirmed the principle of protection from gender-based discrimination.

The provided analysis of Laws on Equal Opportunities for Women and Men and on Equal Treatment show that  both laws includes the necessary points providing the basis for structural change. They are revealing itself, for example, in statement that “State institutions is obliged:  to ensure that all of them drafted and enacted legislation should provide to equal rights for women and men; to develop and implement measures to ensure equal treatment for women and men;  to support public institutions and associations that help implement women’s and men’s equal opportunities”. However GEP’s as mandatory measures for implementation gender equality are not mentioned.

The first Labor Code was adopted by Lithuanian Seimas in 2002 with the latest amendment made in 2017. The law regulates labor relations related to the implementation and defense of labor rights and obligations set forth in the Code and other normative legal acts, and sets the regulatory boundaries of individual labor relations. The labor Code article Article 26 Gender equality and non-discrimination on the basis of other grounds is directly related to GEPs. The very important for GEPs implementation in research organizations is the statement that “the employer must implement the principles of gender equality”. Implementing the mentioned principles the employer must: apply uniform selection criteria and conditions for recruitment; use uniform job evaluation criteria dismissal and equal pay for equal work of equal value. Moreover the point 6 of the Article states that “An employer with an average number of employees of more than fifty must adopt and publish, in the usual way in the workplace, measures implementing the principles of equal opportunities policy implementation and enforcement. 

The law is regulating scientific activity in Lithuanian Universities and research institutes. Regarding gender equality there are only mentioned that the scientific activities are based in the law (Article 3) on principles of equal opportunities and academic ethics. The implementation of the mentioned above statements of Equal Treatment and Gender Equality Laws to science and study related organizations, including governmental ones are problematic because The Law on Science and Study don’t include any regulations directly concerned with assurance of gender equality in research organizations.

An independent state institution Equal Opportunities Ombudsman’s Office leaded by Equal Opportunities Ombudsperson is obliged ensure implementation of equal opportunities and prevention of discrimination according provisions of with the Equal Opportunities and Equal Treatment Laws. Unfortunately the science as such is not among priorities of the Equal Opportunities Ombudsman’s Office.

The permanent national body in charge of overall coordination of the implementation of equal opportunities policy for women and men is the Division of Women and Men Equality within the Ministry of Social Security and Labor. It was set up in 1997 and formerly known as the Gender Equality Division. Furthermore, the Interministerial Commission of Equal Opportunities for Women and Men, which comprises at least one representative from all ministries, has a mandate to promote gender equality and to ensure gender mainstreaming in the department they represent. The Division of Women and Men’s Equality serves as the secretariat to the Interministerial Commission on Equal Opportunities for Women and Men. The  main  goal  of  the  Commission  is  to  coordinate implementation of the aforementioned National Programmes (for defined period)  on Equal Opportunities for  Women and Men. The Programmes covers  gender  mainstreaming  in  all  policy  areas:  Employment, Education  and  Science,  Politics  and  decision  making,  National  defense,  EU  and international   affairs,   Environment   protection,   Health   protection,   Development   of institutional    mechanisms    and    methods.    Every    Ministry    participates    in the implementation of the Programme and implements concrete measures aimed at gender equality in the relevant policy field.

The National Programme has necessary points for implementation of structural change promoting gender equality in research organizations. For example, among others there are the important objectives such as: to achieve balanced participation of women and men in decision-making. As the challenge is mentioned:

• the promotion of women’s motivation and ability to participate in the decision-making process;
• creation a favourable environment for women’s career;
• to increase the efficiency of gender equality institutional mechanisms.

In the National Programme on Gender Equality 2015-2020 Action plan for Ministry of Education and science are stressed the following points:

• Develop recommendations for higher education and research institutions entrenching the equal opportunities by implementing its monitoring;
• Run gender equality projects to be laid down in the action plan for promotion of science and technology;
• Provide the proposal for higher education institutions on gender equality in order to attract more men into higher education institution, as well as to improve the gender balance across different fields of study;
• To complement the textbook evaluation criterions by provision that the textbook content should avoid the formation of the stereotypical approach to gender.

It is also necessary to mention that in the frame of European Commissions FP6 BASNET project was developed and in 2008 adopted by Minister of Education and Research the Strategy for Assurance of Equal Opportunities for Women and Man in Science [10].

On the basis of the adopted Strategy the National LYMOS project, initiated by BASNET Forumas association, established for continuation of BASNET project tasks and targeted to creation of the structural framework for implementation of the Strategy was implemented (2010-2012). The project was financed by European Structural Funds and coordinated by Lithuanian Academy of Sciences. Developed during the LYMOS project the Recommendations for Assurance of Equal Opportunities for Man and Women in the Lithuanian Science and Study Institutions, having the objectives: a) to propose measures for systematic gender mainstreaming integration in all policies and activities of the institutions; b) to improve gender balance in different fields of science and c) to increase the number of women in the highest scientific and administrative positions, 2015 was adopted by Lithuanian Ministry of education and Science  [11].

Summarising it can be concluded that in Lithuania there are enough good legal basis for implementation of structural change promoting gender equality in research. However it looks like that the implementation of the mentioned statements of the laws, particularly to science and study related organizations, including governmental ones fails for a variety of reasons.  For example, despite of statement of Laws on Equal Opportunities for Women and Men and on Equal Treatment that “State institutions is obliged: to ensure that all of them drafted and enacted legislation should provide to equal rights for women and men and develop and implement measures to ensure equal treatment for women and men”  the Law on Science and Study don’t include any regulations directly concerned with assurance of gender equality in research organizations; The national programmes on Equal Opportunities for Women and Men depends directly on programme of particular Government and structures responsible for coordinating implementation of laws and on the level of understanding importance of gender equality problem in research. The starting to act this year the Labor Code, requiring that “An employer with an average number of employees of more than fifty must adopt and publish, in the usual way in the workplace, measures implementing the principles of equal opportunities policy implementation and enforcement” is giving the legal basis for implementation GEPs in research organizations in Lithuania.

References

[1] https://ec.europa.eu/research/swafs/pdf/pub_gender_equality/stocktaking-10-years-of-women-in-science-book_en.pdf

[2] http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583139/IPOL_STU(2017)583139_EN.pdf

[3]. https://ec.europa.eu/research/science-society/document_library/pdf_06/era-communication-partnership-excellence-growth_en.pdf

[4] https://www.e-tar.lt/portal/lt/legalAct/TAR.47BB952431DA/bHVIIlKgQy

[5] https://www.e-tar.lt/portal/lt/legalAct/35656920ac9211e6b844f0f29024f5ac

[6] https://www.e-tar.lt/portal/lt/legalAct/0dfc3020ac9311e6b844f0f29024f5ac

[7] https://www.e-tar.lt/portal/lt/legalAct/f6d686707e7011e6b969d7ae07280e89

[8] https://www.e-tar.lt/portal/lt/legalAct/1a9058e049b311e6b5d09300a16a686c

[9] https://www.e-tar.lt/portal/lt/legalAct/dc012450b1ca11e48296d11f563abfb0

[10] https://www.smm.lt/web/lt/teisesaktai/listing?date_from=2008-01-01&date_till=2008-12-29&text=Moter%C5%B3+ir+vyr%C5%B3+lygi%C5%B3+galimybi%C5%B3+u%C5%BEtikrinimo&submit_lawacts_search=

[11]https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/7141ebc0907011e48028e9b85331c55d/gvwNddPZVt