Gender Quotas and the Injuries to Electoral Freedom

<p>Last week’s decision by the Thuringia state constitutional court to invalidate parity legislation destabilizes a widespread understanding of the German constitutional law of sex equality as seen from outside. Because Article 3.2 of the German Basic Law (GG) since 1994 has explicitly stated...

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Main Author: Julie Suk
Format: Article
Language:deu
Published: Max Steinbeis Verfassungsblog GmbH
Series:Verfassungsblog
Subjects:
Online Access:https://verfassungsblog.de/gender-quotas-and-the-injuries-to-electoral-freedom/
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author Julie Suk
author_facet Julie Suk
author_sort Julie Suk
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description <p>Last week’s decision by the Thuringia state constitutional court to invalidate parity legislation destabilizes a widespread understanding of the German constitutional law of sex equality as seen from outside. Because Article 3.2 of the German Basic Law (GG) since 1994 has explicitly stated that “the state shall promote the actual implementation of equal rights for women and men, and eradicating disadvantages that now exist,” it was long assumed by jurists and scholars throughout the world that gender parity measures to overcome women’s disadvantage or underrepresentation in positions of power were permitted, if not encouraged, by German constitutional law. By invalidating the parity legislation, the Thuringia constitutional court calls this understanding into question.</p>
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spelling doaj.art-6405626d9aa14c8594b6a21f6870474e2022-12-22T01:29:07ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044Gender Quotas and the Injuries to Electoral FreedomJulie Suk<p>Last week’s decision by the Thuringia state constitutional court to invalidate parity legislation destabilizes a widespread understanding of the German constitutional law of sex equality as seen from outside. Because Article 3.2 of the German Basic Law (GG) since 1994 has explicitly stated that “the state shall promote the actual implementation of equal rights for women and men, and eradicating disadvantages that now exist,” it was long assumed by jurists and scholars throughout the world that gender parity measures to overcome women’s disadvantage or underrepresentation in positions of power were permitted, if not encouraged, by German constitutional law. By invalidating the parity legislation, the Thuringia constitutional court calls this understanding into question.</p> https://verfassungsblog.de/gender-quotas-and-the-injuries-to-electoral-freedom/gender equality, parity, parliament
spellingShingle Julie Suk
Gender Quotas and the Injuries to Electoral Freedom
Verfassungsblog
gender equality, parity, parliament
title Gender Quotas and the Injuries to Electoral Freedom
title_full Gender Quotas and the Injuries to Electoral Freedom
title_fullStr Gender Quotas and the Injuries to Electoral Freedom
title_full_unstemmed Gender Quotas and the Injuries to Electoral Freedom
title_short Gender Quotas and the Injuries to Electoral Freedom
title_sort gender quotas and the injuries to electoral freedom
topic gender equality, parity, parliament
url https://verfassungsblog.de/gender-quotas-and-the-injuries-to-electoral-freedom/
work_keys_str_mv AT juliesuk genderquotasandtheinjuriestoelectoralfreedom