Gender Equality in Germany between Law and Reality Sawsan Chebli Presentation at the International Seminar on Methodological aspects; 21 – 23 of January 2005, I H S, Vienna : Gender Equality in Germany between Law and Reality Sawsan Chebli Presentation at the International Seminar on Methodological aspects; 21 – 23 of January 2005, I H S, Vienna
Content : Content Introduction
I. Legal Framework : I. Legal Framework
Art. 3 Paragraph 2 Basic Law:
“Men and women have equal rights. The state facilitates the actual implementation of gender equality and works actively on the removal of existing deficiency”.
Legal Framework – Public Service of the Federation : Legal Framework – Public Service of the Federation
Part 1: Women and Work
The Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation, December 5, 2001
Federal Act on Equal Opportunities - Goals: : Federal Act on Equal Opportunities - Goals: Discrimination-free access of women to interviews and
selection procedures
Discrimination-free content of interviews
Quota, taking in account the individual case, in education,
adjustment, employment, and promotion
Equality plan that provides that the proportion of women remains the same even when jobs are cut
Equality commissioners who have the right to object and an
additional right to take legal action.
Legal Framework – Private Industry : Legal Framework – Private Industry Agreement between the Federal Government and the central associations of German industry to promote equal opportunities for women and men in the private industry, July 2, 2001
Agreement on Equal Opportunities in Private Industry : Agreement on Equal Opportunities in Private Industry Goals:
Entrenching equal opportunities and family friendliness as part
of the corporate philosophy
Increasing the proportion of women in leadership positions
Preparing offers to win over more young women for future-
orientated and other training
Improving the reconciliation of family and work for mothers and
fathers
Formulating and documenting binding goals
Worker Protection Act, June 24, 1994 : Worker Protection Act, June 24, 1994 Goal:
Control of all types of work-related issues, mainly the protection from sexual harassment at the workplace
Method:
All employers must take the necessary protective measures without delay if worker feel that they have been sexually harassed. This includes labour law and disciplinary consequences against offenders.
Legal Framework : Legal Framework Part 2: Reconciliation of Family and Work
Maternity Protection Act
Goal:
Protection of female employees and their children against health risks at work, against dismissal and against loss of income.
Amendment of the Maternity Protection Act, June 16, 2002 : Amendment of the Maternity Protection Act, June 16, 2002
Main Provisions:
Maternity protection period totalling at least 14 weeks
Female employees are protected from dismissal during pregnancy as well as four month after delivery
Small businesses shall by law receive 100% of the health insurance for employee costs in case of maternity leave.
Reform of the Federal Child-Raising Benefit Act, January 1, 2001 : Reform of the Federal Child-Raising Benefit Act, January 1, 2001 Parents may take parental leave at the same time for three years maximum
Legal right to work part-time during parental leave for both Parents may work up to 30 hours per week each
Right to return to the previous working hours
Possibility of taking a year's parental leave between the child's third and eighth birthdays
Maternity and Family Welfare Act, July, 27 1992 : Maternity and Family Welfare Act, July, 27 1992 Expansion of this Act on 1 January 1996 and in force without restriction since 1 January 1999. It introduced the
legal right, to a kindergarten place for all children from the age of three years until they start school.
The implementation and financing of child and youth welfare legislation is the responsibility of the local authorities.
II. Gender Mainstreaming as a Means for the Promotion of Gender Equality : II. Gender Mainstreaming as a Means for the Promotion of Gender Equality In June 1999 Federal Government adopted a resolution to integrate Gender Mainstreaming (GM) as a guiding principle into all policy areas.
Adopted on 26 July 2000, section 2 of the Joint Rules of Procedure of the Federal Ministries requires all departments to observe this approach in all political, legislative and administrative measures of the Federal Government.
Gender Mainstreaming (GM) : Gender Mainstreaming (GM) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) took the lead in
elaborating a catalogue of key criteria which will enhance the integration of the gender dimension in all government's on- going activities and future policy development
establishing an inter-ministerial working group assembling senior officials from all ministries
all 16 Länder have created GM plans
III. Institutions and Authorities for Promoting Equal Rights of Women and Men in Germany : III. Institutions and Authorities for Promoting Equal Rights of Women and Men in Germany
Institutions and Authorities for Gender Equality in the Federation : Institutions and Authorities for Gender Equality in the Federation 1. Equality Commissioners:
Legal right to object against rulings and measures of their agencies which they consider to be counter to equality
Equality commissioners are involved in the procedures for appointments to the bodies within their units
Institutions and Authorities for Gender Equality in the Federal Länder : Institutions and Authorities for Gender Equality in the Federal Länder All Länder governments have equal opportunities institutions such as ministries and equality commissioners
They develop special
measures in the fields of schools, education, training, working life, vocational advancement of women, reconciliation of family and work and violence against women.
Institutions and Authorities for Promoting Gender Equality in Rural Districts and Municipalities : Institutions and Authorities for Promoting Gender Equality in Rural Districts and Municipalities Many municipalities have appointed equality commissioners
Equality boards are embedded in the respective Land equal opportunities statutes, local authority constitutions or municipal regulations
IV. Women in Sport : IV. Women in Sport Number of women partaking in organized sport has been continually rising
Decision-making bodies largely involve men, both in the voluntary and in the professional field
Two women sit in the executive committee of the German Sport Federation that incorporates 11 members
One woman holds a leadership position within the 16 Land sport associations.
Women in Sport: Projects : Women in Sport: Projects Name of the Project:
“Women at the Top”
Promoters:
Federal Ministry of Family Affairs, Senior Citizens, Women and Youth in cooperation with the National Olympic Committee
“Women at the Top” : “Women at the Top” Aims:
Analysing the extent to which women are represented in executive sports bodies
Evaluating the effects and results of schemes on the advancement of women
Analysing the causes of the under-representation of women in executive posts
“Women at the Top” : “Women at the Top” Further Aims of the Project:
Developing and implementing measures to encourage women to take up honorary posts
Creating and implementing concepts of gender mainstreaming in sport
Involving men in leading positions in the development of concepts and the implementation of measures.
V. IS LAW REALITY? EQUALITY IN NUMBERS : V. IS LAW REALITY? EQUALITY IN NUMBERS
Part 1: Women and Work
Part 2: Reconciliation of Family and Work
Part 3: Women in Sport
Slide27 : Childcare Facilities in %
Slide28 : Women and Men in Bodies
of the German Sport Federation
Slide29 : Marital Status Dependent on Gender
(% of Men/Women)
Slide30 : Support of Partner Involvement
Slide31 : Childcare within the Family
Slide32 : Field of Responsibility in Executive Committees
Depending on their Gender
VI. CONCLUSION : VI. CONCLUSION Gender equality has come forth a long way since it’s induction in German Basic Law
Discrepancies between the written law and reality though still continue to exist in regards
to women’s occupational status within the private economy or public service and women in leadership positions
to wages and salary
to the possibility for women to combine family and work.