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Gender equality in German constitutional law
[working paper]
Corporate Editor
Wissenschaftszentrum Berlin für Sozialforschung gGmbH
Abstract The fundamental right to gender equality has played an important role in Germany's more recent constitutional history. The rulings of the Federal Constitutional Court (FCC, Bundesverfassungsgericht) and other courts have developed doctrinal standards that are relevant to anti-discrimination legislat... view more
The fundamental right to gender equality has played an important role in Germany's more recent constitutional history. The rulings of the Federal Constitutional Court (FCC, Bundesverfassungsgericht) and other courts have developed doctrinal standards that are relevant to anti-discrimination legislation overall. This article provides a brief history of gender equality in the German Basic Law (Grundgesetz) and its concretization in key Constitutional Court decisions from 1949 until today. A special emphasis is on the legal doctrine of non-discrimination and on the influence of feminist legal scholars. The article concludes with a discussion of affirmative action measures from the perspective of constitutional law.... view less
Keywords
constitutional law; fundamental right; equal rights law; Basic Law; affirmative action; gender; historical development; Federal Republic of Germany
Classification
Law
Document language
English
Publication Year
2019
City
Berlin
Page/Pages
23 p.
Series
Discussion Papers / Wissenschaftszentrum Berlin für Sozialforschung, P 2019-005
Handle
https://hdl.handle.net/10419/200257
Status
Published Version; reviewed
Licence
Deposit Licence - No Redistribution, No Modifications