1. 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

2. 2 Content Introduction Gender Mainstreaming as a Means for the Promotion of Gender Equality II Legal FrameworkI Women in Sport as an Exemplary Area of Application in German Gender Equality Policy IV Is Law Reality? Equality in NumbersVConclusionVI Institutional FrameworkIII

3. 3 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”.

4. 4 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

5. 5 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.

6. 6 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

7. 7 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

8. 8 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.

9. 9 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.

10. 10 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.

11. 11 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

12. 12 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.

13. 13 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.

14. 14 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

15. 15 III. Institutions and Authorities for Promoting Equal Rights of Women and Men in Germany Federation Länder Rural Districts Municipalities

16. 16 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

17. 17 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.

18. 18 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

19. 19 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.

20. 20 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

21. 21 “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

22. 22 “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.

23. 23 V. IS LAW REALITY? EQUALITY IN NUMBERS Part 1: Women and Work Part 2: Reconciliation of Family and Work Part 3: Women in Sport

24. 24 Spread of women in gainful employment among occupational groups Occupational group Total in gainful employment Women in gainful employment Proportion of women per occupational group in % Total in gainful employment36.17216.176 44,7 of whom Office occupations and commercial employees4.4683.273 73,3 of whom General clerks, commercial employees, n.f.d1.8671.350 72,3 Other health service occupations1.9091.660 87 of whom Nurses, midwives/delivery assistants813694 85.4 Cleaning and waste disposal occupations1.111923 81.1 Accounting clerks, computer specialists1.157551 47.6 (Savings) bank and insurance employees928464 50 Occupations in hotels and public houses689437 63.4 Electronic service occupation78945 5.7

25. 25 Year Worker in manufacturing Employees in manufacturing, wholesale and retail trade, financial intermediation services MenWomen Income gap in %MenWomenIncome gap in % Euro Germany 2001 2 4431 80326,23 4932 46129,5 2002 2 4841 837263 5892 51729,9 2003 2 5491 885263 6932 60229,5 Former Federal territory 20012 5301 86826,23 5472 51029,2 20022 5681 90325,93 6652 58229,5 20032 6341 95625,73 7672 66729,2 New Länder and East Berlin 20011 8631 43922,82 7582 07424,8 20021 9021 48122,12 7182 09522,9 20031 9461 51522,12 8232 17622,9

26. 26 Date Total Of those employed mothers: Together Those being: Temporarily on leave Not on leave Full-time quotaPart-time quota 1 000 % of the Total Germany April 19969 242 59,14,127,128,0 April 19979 238 59,14,325,529,2 April 19989 180 59,84,624,930,3 April 19999 111 62,35,024,832,5 May 20009 061 63,44,624,834,0 April 20018 957 64,34,523,836,0 April 20028 951 64,44,523,236,7 May 20038 869 64,54,722,237,6

27. 27 Childcare Facilities in %

28. 28 Women and Men in Bodies of the German Sport Federation

29. 29 Marital Status Dependent on Gender (% of Men/Women)

30. 30 Support of Partner Involvement

31. 31 GenderTotal in % FemaleMale Predominant Childcare by the partner YesNumber8241249 % of gender 1790.679.6 NoNumber392564 % of gender 83.39.420.4 Total Number47266313 Childcare within the Family

32. 32 Field of Responsibility in Executive Committees Depending on their Gender

33. 33 Concrete promotion barriers Female in %Male in %Total in % Profession 6,55,96 Time issues 4,32,32,6 Family 8,723 Officials of old age 4,36,66,3 Acceptance issues of young officials 8,756,3 Power struggle/competition 17,428,526,8 Envy/resentment 010,99,3 Administrative structures 012,910,9 Union proportional thinking 2,24,34 Gender-specific barriers 34,805,3 Personal origin 4,33,94 Colleague competence flaws 03,93,3 Other problems in human relations 8,712,912,3

34. 34 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.