Another major recommendation concerning new immigrants would include persecution based on gender or sexual orientation as a specific reason justifying the granting of refugee status.

2. The Agency shall deal with issues relating to discrimination based on sex only as part of, and to the extent relevant to, its work in the context of point (g) of Article 2, taking into account that it is for the European Institute for Gender Equality (EIGE) to collect data on gender equality and sex discrimination.

(25) In its case-law[33] on positive action and the compatibility thereof with the principle of non-discrimination on ground of sex (now also laid down in Article 21 of the Charter of Fundamental Rights of the European Union), the Court of Justice of the European Union accepted that priority may in certain cases be given to the under-represented sex in selection for employment or promotion, provided that the candidate of the under-represented sex is equally qualified as the competitor of the other sex in terms of suitability, competence and professional performance, that the priority is not automatic and unconditional but may be overridd ...[+++]en if reasons specific to an individual candidate of the other sex tilt the balance in that candidate's favour, and that the application of each candidate is subject of an objective assessment which takes account of all criteria specific to the individual candidates.

34. Urges the Council and the Commission, in the framework of a European common immigration and asylum policy, to include the risk of being subjected to female genital mutilation among the reasons for requesting the right of asylum, in accordance with the international guidelines issued by the United Nations High Commissioner for Refugees affirming that the international definition of refugees "covers gender-related claims".

That principle excludes not only the application of provisions leading to direct sex discrimination, but also the application of provisions which maintain different treatment between men and women at work as a result of the application of criteria not based on sex where those differences of treatment are not attributable to objective factors unrelated to sex discrimination.

Commissioner Flynn initiates the First-stage Consultation with Management and Labour at EU level on the issue of the burden of proof in sex discrimination cases On a proposal by Mr Padraig Flynn, Commissioner responsible for Employment and Social Affairs (including Equal Opportunities between Women and Men), the Commission has decided to consult the social partners for their views on the issue of the burden of proof in sex discrimination cases.