The German Basic Law of 1949, the Grundgesetz, includes the commandment on equal treatment of the sexes in art. 3, II. In 1990, a constitutional review took place and a second sentence was added. It affirms that “The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist”, thus incorporating what the Federal Constitutional Court had already stated in several decisions. Since then, different measures have been implemented in order to comply with the mentioned principle.
From Equality to the Failed "Legislative Breach of Gender" in Germany
Francesca Brunetta d'Usseaux
2023-01-01
Abstract
The German Basic Law of 1949, the Grundgesetz, includes the commandment on equal treatment of the sexes in art. 3, II. In 1990, a constitutional review took place and a second sentence was added. It affirms that “The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist”, thus incorporating what the Federal Constitutional Court had already stated in several decisions. Since then, different measures have been implemented in order to comply with the mentioned principle.
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