EU's new gender directive and how it affects travel insurance

A new European Union directive (Council Directive 2004/113/EC) was implemented by the UK Government in December 2008. The so-called "gender directive" actually came into force in December 2004 and was due to be implemented by member states on 21 December 2007. However, this was delayed in the UK while the Government considered precisely how to implement the regulations.

This directive affects an insurer's ability to use gender as a factor in calculating premiums and benefits.

In simple terms this makes it unlawful for a woman to be subjected to less favourable treatment owing to her pregnancy or maternity (defined as a period of 26 weeks beginning on the day of childbirth).

For travel insurers, one of the main areas this will impact upon is the ban on excluding cover for women more than 26 weeks pregnant or 14 weeks from their estimated due date as well as problems following pregnancy during the maternity phase.

Therefore, conditions such as postnatal depression will come under this legislative change and it will be unlawful to rate these individuals with a higher travel insurance premium because of a maternity related condition.

See: eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0113:EN:HTML