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Author: Michael Wrase
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
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.
Author: Michael Wrase
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
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.
Author: Susan Hoffman Williams
Publisher: Cambridge University Press
ISBN: 0521898366
Category : Law
Languages : en
Pages : 383
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Book Description
The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
Author:
Publisher:
ISBN: 9789276017783
Category :
Languages : en
Pages :
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Book Description
The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.
Author: Irene Spigno
Publisher: Taylor & Francis
ISBN: 1000874443
Category : Law
Languages : en
Pages : 244
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Book Description
Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
Author:
Publisher:
ISBN: 9789276321842
Category :
Languages : en
Pages :
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Book Description
The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.
Author: Kaan Akkanat
Publisher: GRIN Verlag
ISBN: 3656899959
Category : Law
Languages : en
Pages : 27
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Book Description
Essay from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 1.00, Jacobs University Bremen gGmbH, course: Introduction to Law, language: English, abstract: This section of our analysis will be devoted to the cross comparison of Turkish, German and Chinese constitutions’ coverage and interpretations of the equality and participation rights. Following the similar methodological line with the “Freedom of Speech and Expression” and “Division of Power” sections, this section will first provide an understanding of where and how these selected countries stand on the parameters of equality and participation rights. The focus of our discussion will then shift to our trilateral constitutional comparison and how they differ from each other in terms of wording, sequence and the emphasis. The drawn ‘picture’ of equality and participation rights will then be framed by taking advantage of well-known court cases from these countries. After the court-case application phase, the section will consequently exhibit the findings related to the trilateral comparison. Equality and participation rights are two particular concepts which are applicable to various dimensions of social sciences. Having law as our natural focus, the discussion about the equality will mainly focus on equality before law. In his “Critique of the Gotha Program”, Karl Marx defines this focus with following words; “Equality before the law is a basic right in the constitutions of democratic countries, and its content appears in all conventions on human rights”(Marx, 1875). In terms of equality, the gender and minority equality/inequality will be the main points of concern. Along with this, the importance of political participation rights will also be stretched throughout the section. As Fabienne Peter suggests, there is a tendency to exclude political participation rights from the minimal lists of human rights as it does not necessarily affect the survival or some basic life functions (Peter, 2013). Peter opposes to this general tendency “I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists” (Peter, 2013). Parallel to Peter’s insistence on necessity of being sharp about the rights for political participation, our section will majorly focus on the defined parliament compositions, voting and candidacy rights andelectoral threshold enforcements.
Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 9780521530279
Category : Law
Languages : en
Pages : 364
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Book Description
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Author: Donald P. Kommers
Publisher: Duke University Press Books
ISBN: 9780822352488
Category : Law
Languages : en
Pages : 0
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Book Description
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Author: Marko Davinić
Publisher: Springer Nature
ISBN: 3031147065
Category : Law
Languages : en
Pages : 178
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Book Description
This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.
Author:
Publisher:
ISBN: 9789279568619
Category :
Languages : en
Pages : 44
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Book Description
European gender equality and anti-discrimination directives were explicitly implemented by the 2006 General Equal Treatment Act and the 2006 Law on Equal Treatment of Soldiers, both federal statutes. Since then, no further explicit implementation by German legislation has taken place. But nearly all of the issues, concepts, prohibitions, rights and measures covered by the European directives are subject to legal regulation in one way or another under German law. They are covered by federal or state laws, collective and works agreements, self-regulatory norms and court rulings. Legislative powers are distributed between the federal and state (Land) level in Germany. Concerning key issues of the gender equality directives, most legislative powers still reside at the federal level. But state competences have increased over the years concerning the civil service and work in the public sector. Moreover, the multitude of social security schemes as well as many aspects of working life are not only shaped by federal and state law but also by collective and works agreements and the self-regulations of professional organisations. Courts are established on the regional, state and federal level. Concerning discrimination in the field of employment, the labour courts are competent except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. Moreover, there are specialised courts for social and tax law. Court decisions in violation of the principle of constitutional equality can be subject to an annulment by the Federal Constitutional Court. Without taking non-statutory agreements and regulations as well as court decisions into consideration, the legal framework on gender equality can neither be presented nor evaluated.
