NCPE says sexist adverts are illegal

The National Commission for the Promotion of Equality (NCPE) wishes to highlight that equal treatment based on sex in the access to goods and services and their supply is regulated by legal notice 181/2008.

NCPE explained that the legal notice stipulates that there can be no difference in treatment in the access to and supply of goods and services based on gender, unless the difference in treatment on the basis of sex is “justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.”

“Based on the above, any advertisement which publicises a good/ service which differentiates in the way the service is given, for example offering a difference in price based on the sex of the individual, goes against this equal treatment legislation,” NCPE said.

Differences in treatment may be accepted only if they are justified by a legitimate aim, the commission added.

“A legitimate aim may, for example, be the protection of victims of sex-related violence, reasons of privacy and decency, the promotion of gender equality or of the interests of men or women, the freedom of association, and the organisation of sporting activities. Any limitation should nevertheless be appropriate and necessary in accordance with the criteria derived from case law of the Court of Justice of the European Communities.”

In addition, NCPE urged individuals who see such adverts or who are discriminated against on the grounds of sex in the access to and supply of goods and services to flag such instances to the commission and necessary steps will be taken.