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United Nations Committee on the Elimination of Discrimination Against Women - State Party Reports |
Committee on the Elimination of Discrimination
against Women
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
Fifth periodic report of States parties*
Germany**
* For the initial report submitted by the Government of Germany, see CEDAW/C/5/Add.59 and Add.59/Corr.1; for its consideration by the Committee, see CEDAW/C/SR.152, CEDAW/C/SR.157 and Official Records of the General Assembly, Forty-fifth Session, Supplement No. 38 (A/45/38), paras. 51-92. For the combined second and third and fourth periodic reports submitted by the Government of Germany see CEDAW/C/DEU/2-3 and CEDAW/C/DEU/4; for its consideration by the Committee, see CEDAW/C/SR.464 and 465 and Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 38 (A/55/38).
** The present document is being issued without formal editing.
1. Population
2. Legal and political framework conditions
2.1 Act Amending the Aliens Act (Ausländergesetz) (1.6.2000)
2.2 Amendment of the Federal Child-Raising Benefit Act Bundeserziehungsgeldgesetz)(1.1.2001)
2.3 Act on Part-Time Working and Fixed-Term Employment Contracts (1.1.2001)
2.4 Reform of the Works Constitution Act (Betriebsverfassungsgesetz) (28.7.2001)
2.5 Act on Registered Partnerships (Gesetz über eingetragene Lebenspartnerschaften) (1.8.2001)
2.6 Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation (5.12.2001)
2.7 Act Regulating the Legal Position of Prostitutes (Gesetz zur Regelung der Rechtsverhältnisse der Prostituierten) (1.1.2002)
2.8 Act to Protect against Violence (Gewaltschutzgesetz) (1.1.2002)
2.9 Act to Improve Children's Rights (Kindesrechteverbesserungsgesetz) (12.4.2002)
3. Economic and social framework conditions
3.1 Changing economic structures
3.2 Education and training
3.2.1 General remarks
3.2.2 Training in accordance with the dual system
3.2.3 Training of women in the occupations of information and communication technologies
3.3 Women in institutions of higher education and research
3.3.1 General remarks
3.3.2 Results of the Third Universities Special Programme (HSP III)
3.3.3 Research into women and gender research
3.4 Working life
3.4.1 Employment ratio
3.4.2 Unemployment ratio
3.4.3 Comparing the old with the new Federal Länder
3.4.4 Part-time employment
3.4.5 Qualifications of women and their occupational status
3.4.6 Labour promotion
3.4.7 Amendments of labour promotion law – reform of the Book III of the Social Code (SGB III) and Job AQTIV Act
3.4.8 Further legal amendments
3.4.9 Insignificant employment
3.4.10 Agreement to promote the equal opportunities of women and men in private industry
3.4.11 "Women and work" programme
3.4.12 Report on equal pay
3.4.13 Women in the information society
3.4.14 Women in the cultural and media field
3.4.15 Women as entrepreneurs and business starters
4. Women in agriculture and in rural areas
4.1 The situation of women in agriculture
4.2 Promotion of employment possibilities for women in agriculture
5. Women in public life
5.1 General remarks
5.2 Participation at Federal level
5.3 Participation at Land level
5.4 Participation at municipal level
5.5 Participation in trade unions
6. Institutions and authorities for promoting the equal rights of women and men
6.1 Commissioners for equality and women's affairs in authorities and public institutions
6.2 Equality commissioners of the Federation
6.3 Interministerial Working Group
6.4 Equality facilities in the Länder
6.5 Municipal equal opportunities boards
6.6 Registry of the Federal Working Party of Women's Offices and Equal Opportunities Boards
6.7 Commissioners for women's affairs and equal rights at institutions of higher education
6.8 Commissioner for equal opportunities on the labour market
7. Means of enforcing equal rights
7.1 Significance of gender mainstreaming
7.2 Framework conditions – political and legal requirements
7.3 The implementation strategy of the Federal Government
8. Women in special situations
8.1 Women with disabilities
8.1.1 Changing policy on disabled persons
8.1.2 Legal amendments
8.1.3 Promotion of projects
8.2 Women in old age
8.2.1 The situation
8.2.2 Equality policy goals for elderly women
8.2.3 Social security for elderly women
8.2.4 Elderly female migrants
8.3 Female asylum-seekers in Germany
1. Article 1: Definition of "discrimination"
2. Article 2: Parliamentary measures for the elimination of discrimination against women
2.1. The Constitution
2.2. Act on Equality and Act on the Advancement of Women
2.3. Act Amending the Act on Assistance for Pregnant Women and Families
2.4. Other laws
3. Article 3: Measures for promoting and safeguarding the full development of women
4. Article 4: Special measures in accordance with Article 4
5. Article 5: Elimination of stereotyped roles and promotion of the common responsibility of women and men for the upbringing and development of their children
5.1. Reconciliation of family and work
5.2. New image of fatherhood
5.3. Combat violence against women
5.3.1. Plan of Action of the Federal Government
5.3.2. Legislative measures
5.3.3. Measures accompanying legislation
5.3.4. Prevention and combat of sexual abuse of children and juveniles
6. Article 6: Eradication of trafficking in women and forced prostitution
6.1. Measures for combating trafficking in children and women, child pornography and sex tourism
6.2. Establishment of the "Trafficking in women" working party
6.3. Further measures in the fight against trafficking in women
6.4. Investigation proceedings in respect of Germans for sexual abuse committed abroad
6.5. Statutory measures
7. Article 7: Participation of women in political and public life
7.1. Federal Act on Appointment to Bodies (Bundesgremienbesetzungsgesetz)
7.2. EU action programmes for the equality of women and men
7.3. Commitment of women in the churches
7.4. Women's organisations
7.5. Women in the media
8. Article 8: Participation of women at international level
8.1. Area of the United Nations
8.2. Area of the European Union
8.3. Diplomatic service of the Federal Republic of Germany
9. Article 9: Nationality of women and men
10. Article 10: Equal rights of women and men in the fields of education and sport
10.1 Women and sport
10.2 Family planning education and advice
11. Article 11: Equal rights of women and men in the field of employment
11.1. Civil Code and other statutes
11.2. Public service of the Federation
11.3. Maternity Protection Act
11.4. Gender-specific differences in income
11.5. Reconciliation of family and work/Labour market policy for women
11.5.1. Reconciliation of family and work
11.5.2. Labour market policy for women – model projects of the Federal Government
11.5.3. Business start-ups
11.6. The right to social security
12. Article 12: Equal rights of men and women in the field of health care
12.1. Needs specific to women in health policy
12.2. Women and addiction
12.3. Cooperation of the Federal Government with various health organisations
12.4. HIV infection and AIDS
12.5. Research into women's health
13. Article 13: Equal rights of women and men in the economic, social and cultural fields
13.1. Child benefit and allowances for children
13.2. Equalisation of family benefits and services 2002
13.3. Reform of housing benefit
13.4. Training promotion reform
13.5. Child-raising benefit
13.6. Financial volume
14. Article 14: Equal rights of rural women and men
15. Article 15: Equal treatment of women and men in terms of legal capacity and choice of place of residence
16. Article 16: Equal rights of women and men in all matters relating to marriage and family relations
16.1. Reform of marital and family law
16.2. Law on inheritance and on maintenance
Table 1 Age structure
Table 2.1 Civil status of the female population (2000)
Table 2.2 Number of children per family (children to 18 years)
Table 3.1 Number and proportion of women in gainful employment 1988 - 2001
Table 3.2 Women in the individual vocational fields and proportion of women among those in gainful employment in the vocational field
Table 3.3 Spread of women in gainful employment among occupational groups (2001)
Table 3.4 Comparison of the incomes of women and men
Table 3.5 Trends in female unemployment annual averages (Former Federal territory)
Table 3.6 Trends in female unemployment annual averages (New Länder and East Berlin)
Table 3.7 Self-employed persons in Germany
Table 4.1 Proportion of female pupils at general schools in %
Table 4.2.1 Female trainees in selected occupational groups
Table 4.2.2 Female trainees in the ten most male-dominated training occupations in Germany 2001
Table 4.2.3 Trainees with newly concluded training contract 2001 in the ten most common training occupations
Table 4.2.4 Trainees by Länder (dual system)
Table 4.2.5 School pre-training of trainees with newly-concluded training contract 1996 and 2001
Table 4.2.6 Male and female pupils at vocational schools in the dual system by age
Table 4.3.1 Proportion of female students among those studying in the first university semester at higher education institutions
Table 4.3.2 Proportion of female students among those studying at higher education institutions
Table 4.3.3 Germans taking up studies in the first higher education institution in the first semester (winter semester) at universities by groups of subjects in %
Table 4.3.4 Germans taking up studies in the first university semester (winter semester) at Technical Colleges by groups of subjects - proportion of females among total
Table 4.4 Women in education and science 2000 total
1. Statutes
2. Other measures and events with relevance in terms of policy on equal rights
(since May 1998)
3. Measures carried out by the Länder equality agencies
3.1 Focus of work
3.2 General and specific measures and programmes
4. Publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on equality policy topics
4.1 Series of publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
4.2 Brochures, reports, documentation and material on the equality policy of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
5. Publications of other Federal Ministries and agencies on equality-related topics
Appendix III: Consideration of reports by the Committee on the Elimination of Discrimination against Women dated 1 February 2000
Introduction
In April 1985, the Federal Republic of Germany ratified the Convention on the Elimination of All Forms of Discrimination against Women dated 18 December 1979. The Convention entered into force for the Federal Republic of Germany on 9 August 1985 (Federal Law Gazette [BGBl.] Part II, p. 1234). The Convention was agreed to with the proviso that Article 7 subparagraph (b) of the Convention would not be applicable insofar as it is contradictory to Article 12 a para. 4 second sentence of the Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland) (women "may on no account render service involving the use of arms").
By means of the amendment of Article 12a para. 4 second sentence of the Basic Law, which entered into force on 23 December 2000 (Federal Law Gazette Part I p. 1755), the voluntary service of women involving the use of arms in the Federal Armed Forces was placed on a clear constitutional footing, and women were given access to all areas of the armed forces. The Federal Republic of Germany hence declared on 10 December 2001 the withdrawal of the reservation to Article 7 subparagraph (b) in accordance with Article 28 paragraph 3 first sentence of the Convention.
In March 1988, the Federal Republic of Germany submitted its First Report on the Implementation of the Convention, in accordance with Article 18 of the Convention (U.N. Doc. CEDAW/5/Add. 59). In January 1990, the Federal Republic of Germany submitted an update and supplement to this report in preparation of its examination by the 9th session of the Committee for the Elimination of Discrimination against Women (CEDAW/C/5/Add.59/Amend. 1).
The Federal Republic of Germany submitted its Second and Third Reports in accordance with Article 18 of the Convention (U.N. Doc. CEDAW/C/DEU/2-3) in the autumn of 1996. In this context, it took advantage of the possibility permitted by the CEDAW Committee of combining two reports, in order to cover a longer period of time. This allowed special consideration to be given to the changes resulting from the unification of Germany. This report is based on the First Report and describes the further development of equal rights in Germany since 1990 with a view to the individual Articles of the Convention.
The Federal Republic of Germany updated the Second and Third Reports by virtue of its Fourth National Report from 1998, the structure and presentation of the Second and Third Reports having largely been retained.
The Federal Republic of Germany ratified the Optional Protocol to the United Nations CEDAW Convention on 15 January 2002. The Optional Protocol entered into force for the Federal Republic of Germany on 15 April 2002, three months after the ratification charter was deposited.
The Federal Republic of Germany herewith submits its Fifth National Report pursuant to Article 18 of the Convention. It is an updated version of the Fourth Report, and repetitions have been dispensed with. All the reports should therefore be consulted together with the present report in order to obtain a better understanding of the developments as a whole.
Statement on the Consideration of Reports of the Committee for the Elimination of Discrimination against Women
The Committee for the Elimination of Discrimination against Women considered the combined second and third periodic reports and the fourth periodic report of Federal Republic of Germany (CEDAW/C/DEU/2-3 and 4) at its 464th and 465th sessions, held on 1 February 2000.
In addition to the positive aspects, which were in particular described in paragraphs 11 to 17, in paragraphs 19 to 46 the Committee also highlighted existing problems and gave recommendations.
In accordance with the Committee's recommendations, an attempt is made in this Report to go beyond the description and to analyse and evaluate more strongly the measures implemented to eliminate discrimination against women from all areas of their lives.
Re the individual paragraphs:
Re paragraphs 3 and 17:
The representative underlined that on 10 December 1999, Germany had signed the Optional Protocol to the Convention. The ratification process would be initiated in 2000, together with acceptance of the amendment to article 20, paragraph 1, of the Convention. In the light of the recent decision of the European Court of Justice on Germany's prohibition that women bear arms, Germany would assess its reservation to article 7, subparagraph (b) of the Convention.
The Committee notes that the Government, in assessing the implication of a decision of the European Court of Justice concerning the role of women in the German armed forces, will evaluate its reservation to article 7, subparagraph b, of the Convention.
The Convention dated 18 December 1979 on the Elimination of All Forms of Discrimination against Women (CEDAW) entered into force under international law on 3 September 1981 and in Germany on 9 August 1985. It is one of the fundamental legal instruments in the field of human rights for women. The following reservation was declared in Article 1 of the Act on the Convention to the CEDAW dated 25 April 1985:
• The ... Convention ... is herewith consented to with the proviso that Article 7,Subparagraph b of the Convention would not be applicable insofar as it is contradictory to Article 12 a, para. 4, second sentence of the Basic Law.
The representative of the Federal Republic has already declared at the session held on 1 February 2000 that Germany will evaluate the reservation to Article 7 subparagraph (b) of the Convention with regard to the decision of the European Court of Justice.
Following on from the ruling of the European Court of Justice dated 11 January 2000 in case No. C285/98 (Tanja Kreil) Article 12a para. 4 second sentence of the Basic Law was amended by Act dated 19 December 2000 such that women may now "on no account be obliged to render service involving the use of arms". With this amendment of the Basic Law, as well as subordinate statutory provisions and legal ordinances, Parliament has placed the voluntary service of women involving the use of arms on a clear constitutional and statutory footing. Restrictions previously applying to women limiting them to deployment in the medical corps and in the military music service have been rescinded. Now, therefore, women may volunteer to serve in the German armed forces as professional or regular soldiers, or on the basis of a voluntary undertaking to perform individual services, such as exercises in peacetime and special deployment abroad. The amendment to the Constitution serves to create equal opportunities for women in the armed forces.
The reservation to Article 7 subparagraph (b) of the Convention has become obsolete because of the equal rights of access for women to the armed forces that have now been created. The Federal Republic of Germany has withdrawn the reservation with effect as on 10 December 2001.
Re paragraphs 21 and 22:
The Committee is concerned that, although a series of measures has been adopted, the implementation of the Convention for women living in the new Länder continues to lag behind that with regard to those living in the old Länder. It is concerned that women in the new Länder used to enjoy full employment but now account for 20.7 per cent of the unemployed. That is a disproportionately high percentage compared to that of unemployed men in the new Länder as well as to the overall unemployment rate of women in Germany.
The Committee urges the Government to continue its targeted efforts to improve the situation of women in the new Länder in the area of work and employment, as well as their overall social well-being.
The urging of the Committee to initiate targeted measures to improve the situation of women in the new Länder in the areas of work and employment was met in the period under report with many measures of active labour market policy, such as the Job AQTIV Act (cf. Part I, 3.4.7).
One should however bear in mind in this context that the virtually complete collapse of the economy in the former GDR after Reunification continues to have major consequences for the situation on the labour market and employment of both women and men. Thus, the state-controlled labour market in the former GDR led to the almost complete integration of women, there was a high degree of acceptance within society, but there was also the economic requirement for women to work. At the same time, a state network of crèches and care facilities made it possible to reconcile family and work.
Re para. 23:
The Committee is concerned that the programmes, laws and policies introduced by the Government have failed to ensure that the Constitutional obligation to promote the implementation of de facto equality for women is understood as a societal responsibility and achieved in practice.
The Committee's concern can be met in that the situation has considerably improved since the last CEDAW Report as a result of the statutory and other initiatives in the period under report. The call for de facto equality for women and men is provided for constitutionally by Article 3 para. 2 second sentence of the Basic Law and is accordingly implemented in reality.
Re para. 24:
The Committee urges the Government to take measures to ensure that public officials, including law enforcement officials, contribute to the realization of this principle in the entire territory of the country. It urges the Government to ensure that tertiary and continuing legal education of lawyers and the judiciary adequately covers the evolving understanding of equality and non-discrimination and international norms and standards in that regard. It also urges the Government to ensure the availability of effective domestic remedies and their accessibility to women, especially in the light of the pending entry into force of the Optional Protocol to the Convention. It also encourages the Government to refer directly to the Convention in its legislative, policy and programmatic initiatives, since the Convention is legally binding and such use would increase awareness of the international commitments entered into by the State party.
Amongst other things, the Committee touched on the problem of continuing education of lawyers on the topic of equality and non-discrimination of women. In accordance with section 43a subsection 6 of the Federal Code of Lawyers (Bundesrechtsanwaltsordnung - BRAO) lawyers are obliged to undergo continuing education.
The following applies to specialist lawyers (section 43c of the Federal Code of Lawyers): Anyone using the designation of a specialist lawyer must attend at least one further training event in this specialist area per year, either as a lecturer or a participant. The total duration of the further training may not be less than ten hours. Lawyers must provide documentation of such to the bar association without being requested to do so (section 15 of the Specialist Lawyers Code [Fachanwaltsordnung]). Permission to use the designation as a specialist lawyer may be withdrawn if this further training prescribed in the professional code is omitted (section 43c subsection 4 second sentence of the Federal Code of Lawyers).
As to the basic duty to undergo further training (section 43a subsection 6 of the Federal Code of Lawyers) the Legal Committee of the German Federal Parliament has stated that there is "no indication that this duty should be regulated in greater detail by the professional code because the individual lawyer should not be dictated to in deciding how to comply with this professional duty." (ruling recommendation and report, Federal Parliament printed paper [BT-Drs.] 12/7656, p. 50, re No. 25 (section 59b of the Federal Code of Lawyers).
There are no definitions under professional law regarding the areas or topics in which lawyers must undergo further training. They would indeed be virtually impossible. Under civil law, lawyers are obliged to undergo further training such that they are able to take the proper care necessary in communications (section 276 of the Civil Code).
The task of the Federal Bar Association (BRAK) is to promote the vocational further training of lawyers (section 177 subsection 2 No. 6 of the Federal Code of Lawyers). The Federal Bar Association supports for instance the "German Lawyers Institute" in its further training tasks. Lawyers' associations, in particular the German Bar Association, and other private suppliers of further training for lawyers, supplement the range of events offered.
In the judicial field, and in particular in the judiciary, as mentioned by the Committee, amongst other things a wide range of further training is offered on the topic of equality and non-discrimination against women. In particular, the German Judges Academy, which is supported and funded by the Federation and the Länder together, and which serves the purpose of national further training of judges of all branches of the court system, as well as public prosecutors, runs annual conferences on this group of topics.
For instance, for several years, several conferences at the German Judges Academy have dealt regularly with the problem of "Women in the judiciary" and "Women before the judiciary". But conferences on labour law, such as "European law in labour law practice", "Current problems of labour law" and "Labour Law Employment Promotion Act and other topical questions related to labour law" also tackle questions related to the equality and non-discrimination of women.
Furthermore, seminars are offered at the German Judges Academy on "Coping with stress at work" which draw attention to the special situation of women between work and family, and also help to bring this conflict closer to a solution.
The matter of the status of women within society and within the family is the topic of a large number of conferences on family law problems. In addition, conferences with European partners increasingly deal with this group of topics, such as the Polish-German conference held in 2000 on the topic of "Protection of the family" and the Turkish-German conference held in October 2001.
Re para. 25:
The Committee expresses its concern at the continuing disadvantages women face in many aspects of work and the economy. In particular, the Committee is concerned at the persistence of the wage gap between women and men, notwithstanding women's high educational achievements, with women earning on average 77 per cent of men's earnings. It is concerned that, in 1997, although women accounted for 42.1 per cent of the gainfully employed population, they comprised 88 per cent of the persons working in part-time employment and 55.9 per cent of the unemployed. The Committee is concerned that those differences are indicative of the persistence of indirect discrimination against women in the labour market. It is also concerned that part-time work tends to be in low-skilled employment, offering fewer opportunities for professional advancement.
Regarding the concerns of the Committee as to disadvantages existing for women in many aspects of work and the economy, reference is made to the information provided in section I 3.4 of the present Report and to the updated table 3.4 (in the Appendix). The following can be stated in addition to this:
The number of part-time employees subject to social insurance increased between 1977 and 2000 by 8% to 3,925,690. The proportion of part-time staff as against all employees subject to social insurance was hence 14.1%. Part-time working is still a domain of women, who accounted for 86% of all part-time employees in 2000. Trends in recent years however show that part-time working is increasingly a conceivable form of working hours also for men. Whilst the number of part-time women workers rose by only almost 4% between 1997 and 2000, the growth in the number of part-time male workers was 46 %. One may anticipate that this development will increase further as a result of the Act on Part-Time Working and Fixed-Term Employment Contracts (Gesetz über Teilzeitarbeit und befristete Arbeitsverträge), which entered into force on 1 January 2001. In addition to its labour market policy significance to ensure and increase employment, the goal of the Act, which gives male and female employees a right to part-time working is to enable both women and men, to the same degree, to more efficiently reconcile family and work and to better implement their individual plans. The provisions hence promote equal opportunities between women and men.
Re para. 26:
The Committee calls on the Government to ensure that the definition of discrimination contained in article 1 of the Convention, in particular the Convention's prohibition of indirect discrimination, is fully integrated into its legislation, especially its labour legislation. In this regard, it welcomes the Government's intention to prepare a report on equal pay which will examine the primary causes of wage discrimination. The Committee calls on the State party to examine existing formulae for the determination of equal work and work of equal value, with a view to developing guidelines or directives to assist the partners in collective wage bargaining in determining comparable wage structures in sectors dominated by women. The Committee urges the Government to monitor closely the impact of its new programme on women and work so as to ensure that it achieves its stated aims of advancing equal opportunities of women and men in the working world and in the family and does not perpetuate gender stereotypes.
The Committee's call for the full integration into German legislation, especially its labour legislation, of the definition of discrimination contained in Article 1 of the Convention, in particular the Convention's prohibition of indirect discrimination, has been met.
Integration of the definition of (direct and indirect) discrimination into labour legislation will take place in the context of the implementation of the Directive of the European Parliament and of the Council Amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.
Currently, in the Federal Republic of Germany the Act to Prevent Discrimination in Civil Law (Gesetz zur Verhinderung von Diskriminierungen im Zivilrecht) is being drafted, and is concerned to provide a clear signal against discrimination also in civil law legal transactions. For this, similar to Art. 13 of the EC Treaty, discrimination prohibitions are expressly written in, including the prohibition of discrimination based on gender. Additionally, civil law tools are to be introduced in order to guarantee the implementation of these discrimination prohibitions.
The "Women and work" programme is not a one-off, time-limited programme, but an ongoing one which is regularly examined and continued. The core of the programme is the integration of equality policy as an ongoing task in all policy areas and task areas of the Federal Government within the meaning of "gender mainstreaming". Now the programme has run for four years, all measures have been implemented or successfully launched. In addition to the legislative measures described in Part I 2, this includes amongst other things the first comprehensive wage and income report with which the Federal Government emphasises its intention to make its best contribution towards reducing the wage gap between women and men. The programme is described in detail in Part II of the present Report, 11.5.1, whilst the report is dealt with at I, 3.4.12.
Re para. 27:
The Committee expresses its concern at the persistence of stereotypical and traditional attitudes about the roles and responsibilities of women and men in private and in public life. The Committee notes that that persistence is reflected in women's predominance in part-time work, their main responsibility for family and caring work, occupational segregation, men's extremely low participation in child-raising leave, at 1.5 per cent of those taking child-raising leave in 1997, and the taxation of married couples. The Committee is concerned that measures aimed at the reconciliation of family and work entrench stereotypical expectations for women and men. In that regard, the Committee is concerned at the unmet need for kindergarten places for the 0-3 age group, that the proportion of all-day kindergartens was only 34.8 per cent in 1994 and that childcare centres were available for only 5.1 per cent of school-age children, especially since all-day schools are the exception in Germany.
In this connection, reference should be made to the appropriate measures which the Federal Republic of Germany has taken in the period since the Fourth Report was submitted and which are listed in detail in Chapter I of the Report. The Committee mentioned women's predominance in part-time work and evaluated it negatively. It should be stated in this regard that the new Act on Part-Time Working and Fixed-Term Employment Contracts, which has been in force since January 2001, creates considerable advantages for part-time employees. For instance, this Act contains an express ban on discrimination against part-time employees. It grants all employees on principle a right to part-time working in all vocational groups, including with qualified work and in senior positions. This applies equally to men and women.
This step is intended to increase the ratio of part-time workers, thereby entailing advantages primarily to women – as well as to men - in the family phase, and hence improves the reconciliation of family and work.
The Committee's concern regarding a lack of kindergarten places has been taken into account by means of far-reaching measures. This has been discussed in considerable detail in Part II at 11.5.1.
Re paragraphs 28 to 30:
The Committee urges the Government to study the impact of measures aimed at reconciliation of work and family responsibilities so as to create a firm basis for policies and programmes that will accelerate change and eradicate stereotypical attitudes. The Committee urges the State party to develop more programmes and policies targeted at men to accelerate the changing of attitudes and behaviour. It calls on the State party to consider the introduction of non-transferable child-raising leave for fathers to increase the number of men that share responsibility for childcare and child-rearing. It urges the Government to improve the availability of care places for school-age children to facilitate women's re-entry into the labour market. It also recommends that the State party assess the current legal provisions on the taxation of married couples (“splitting”) and its impact on the perpetuation of stereotypical expectations for married women.
The Committee is concerned at the limited efforts and measures in place to extend women's equal rights and equal opportunities into the private sector.
The Committee calls on the Government to increase its legislative and regulatory efforts to ensure that women are protected against all forms of discrimination in the private sector and to increase measures aimed at achieving de facto equality. It also encourages the Government to intensify its interaction with the private sector, including through incentives and other non-legislative measures, as well as with unions and with women's organizations to achieve that goal.
The Committee calls on the Federal Republic of Germany to consider the introduction of non-transferable child-raising leave for fathers to increase the number of men sharing responsibility for childcare. As stated in Part II of the Report at 11.5.1, the new Federal Child-Raising Benefit Act (Bundeserziehungsgeldgesetz) promotes heavily the much stronger participation of fathers in the new parental leave (in the old child-raising leave (former designation) the proportion of fathers averaged only 1.5 % over the years). Parliament has however deliberately refrained from complying with the Committee's proposal. A regulation concerning non-transferable parental leave for fathers is not planned because in the interest of young parents Parliament deliberately made the new parental leave more flexible than the old child-raising leave in order to give them as much scope as possible to plan their personal parental leave.
The Federal Government will submit to the German Federal Parliament an experience report on parental leave by mid-2004 containing detailed descriptions of the proportion of fathers involved, and where appropriate the necessary consequences of their even greater participation.
As to the other items broached in these paragraphs, reference is made to the measures and legal initiatives which have been implemented or initiated since the last report was submitted and are dealt with in Parts I and II of the Report.
Re para. 31:
The Committee is concerned at the often precarious social and economic situation of foreign women living in Germany. It is also concerned at the incidences of xenophobic and racist attacks in the State party and notes the vulnerabilities that foreign women can face on the multiple grounds of sex, ethnicity and race.
The fight against right-wing extremist and xenophobic tendencies is one of the Federal Government's domestic policy priorities. In the "Report on the current and envisioned measures and activities of the Federal Government against right-wing extremism, xenophobia, anti-Semitism and violence" dated 14 May 2002, the Federal Government described appropriate measures and informed the German Federal Parliament of them. It takes all the measures it can in order to prevent the dangers occurring from right-wing extremism and xenophobia and to suppress these movements. This includes both approaches to strengthen the civil society and encourage people to stand up for their own convictions, as well as to promote integration, as well as measures targeting the offenders and their environment. These aspects have already been tackled in many ways and with a variety of initiatives, particularly at the level of the Länder and local authorities. From the point of view of the Federal Government, especially the activities carried out in situ offer the best prospects for success.
Continually kept police statistics containing information on the gender, as well as the ethnic origin of the victims of right-wing orientated violence, is at present incomplete. The Federation and the Länder have hence agreed from 1 January 2001 onwards to collate politically-motivated criminal offences in a new definition system entitled "Politically-motivated crime". Additionally, a possibility to collate under the umbrella term "hate crime" has been created which collates "xenophobic" and "anti-Semitic" criminal offences as specific sub-groups. This is to ensure that in the central collation criteria of politically-motivated offences all facts relevant to the survey – including the gender of the offenders and the victims - are collated, evaluated and reported to the Federal Criminal Police office in the entire Federal territory by the competent police units of the Länder in the context of a nationally-coordinated procedure on the basis of standard, clear criteria.
On 9 June 2002, the Federal Parliament adopted two initiatives to combat anti-Semitism in Germany. These applications contain the call to all citizens to disapprove of and fight against anti-Semitism, and hence to strengthen social cohesion in Germany.
Re para. 32:
Noting the Government's intention to commission a study on the living situation and social integration of foreign women and girls, the Committee requests the Government to undertake a comprehensive assessment of the situation of foreign women, including their access to education and training, work and work-related benefits, health care and social protection, and to provide such information in its next report. The Committee calls on the Government to improve the collection of data and statistics disaggregated by sex and race/ethnicity of victims of violence motivated by xenophobia and racism, to put in place adequate protection mechanisms and to ensure that foreign women victims of such attacks are made aware of their rights and have access to effective remedies. It also urges the Government to strengthen its efforts for the social integration of foreign women through educational and employment services, and through awareness-raising of the population. It also recommends that steps be taken to combat domestic violence and violence within the family and to increase foreign women's awareness about the availability of legal remedies and means of social protection.
With the 2000 Sixth Family Report on the topic of "Families of foreign origin in Germany – benefits, burdens, challenges", the Federal Government submitted for the first time a special report on the situation of families of foreign origin which also portrays differing aspects of the specific situation of women in migration and in their integration into German society. The Report dispels widespread stereotypes and prejudices about "foreigners", in particular also foreign women, and comprehensively portrays the differentiated nature and variety of the population of foreign origin without denying the existence of problematic living conditions and obstacles to the integration of immigrants. The Report in its way hence makes a decisive contribution towards reducing these stereotypes, in particular those about foreign women.
The Report contains a large number of recommendations for the various levels of political activity to implement more equal opportunities and improved integration of immigrant women and men and their families into German society. The results and demands of the Sixth Family Report form an important basis for the policy of the Federal Government, which is geared towards controlling immigration and integrating immigrants.
Elderly female migrants in Germany were also given special attention in the Federal Government's Sixth Family Report, whereby habits in old age, their education, their state of health and the possibilities of communication were investigated.
The study on the situation of foreign girls and women is still running until 2003. The next Report will communicate the results and conclusions.
Re para. 33:
The Committee, while welcoming the Government's action plan on violence against women, is concerned at the remaining gaps in protecting women against violence in the family and in society.
Detailed information about the Action Plan of the Federal Government to combat violence against women and the measures taken and initiatives launched in this context will be provided in the individual chapters of this Report, in particular at II 5.3 and II 6. Reference is made to this at this instance.
Re para. 34:
The Committee urges the Government to ensure the systematic implementation of the plan and to monitor its impact in the areas of emphasis identified in the plan. In particular, the Committee recommends legislation and measures to ensure that women victims of domestic violence have immediate means of redress and protection. It also calls on the Government to take measures aimed at creating zero tolerance for such violence, and to make it socially and morally unacceptable. The Committee further recommends that measures be taken to sensitize the judiciary to all forms of violence against women that constitute infringements of the human rights of women under the Convention, particularly taking into account the increased vulnerability of foreign women to such violence.
Further training events on the topic of violence, such as violence against women, violence in the family, violence against children and young people, as well as on organised crime, have for instance been part of the programme of the German Judges Academy for several years.
Several conferences are to be organised in 2002 by the Länder, such as "Dealing with victims of sexual violence within criminal proceedings, in particular with children and young people", "Violence in the family (criminological, family law and criminal law aspects of a many-facetted topic)", "Law, violence and aggression" and "Organised crime".
Regular, supra-topical conferences have been offered at the German Judges Academy and followed with considerable interest, directly or indirectly dealing with these questions. Here, the German Judges Academy offers conferences not only of a specifically legal nature, but especially also with a social policy orientation which as a rule are well attended. Violence in our society, and hence also domestic violence against women, is the subject of extensive discussion there too.
The German Judges Academy keeps in touch with the chairwoman of the Federation-Länder working party to combat domestic violence, which is also the contact for appropriate further training events, and which offers its support when preparing conferences.
Re para. 35:
The Committee is concerned at the incidence of trafficking in women and girls.
Significant progress has now been made in Germany through the work of a national working party on the combat of trafficking in women. It includes all competent Ministries of the Federation, the Länder, the Federal Criminal Police Office and non-governmental organisations. The working party drafts concrete measures to protect victims of trafficking in human beings. Such supra-departmental working parties have now also been founded in many Federal Länder since the fight against trafficking in human beings can be only successfully implemented by means of close cooperation.
Important steps have been taken to improve the extremely difficult situation faced by victims of trafficking in women. More information is provided on this in the text of the report. For this reason, the corresponding measures will only be indicated here by key words: The victims of trafficking in human beings are no longer immediately deported, and they are afforded specific assistance to prepare them to leave from advice bureaux which have been specifically established for this purpose. For the victim witnesses of trafficking in human beings, a special programme has been developed to protect and care for victims. For instance, victim witnesses may receive a work permit for the duration of their necessary stay in the Federal Republic of Germany. Furthermore, medical and therapy costs may be assumed for women in accordance with the Victim Compensation Act (Opferentschädigungsgesetz).
Re para. 36:
The Committee urges the Government to recognize that trafficked women are victims of human rights violations in need of protection and, accordingly, to provide assistance to them. It also urges the Government to increase efforts of cross-border and international cooperation, especially with countries of origin and transit, to reduce the incidence of trafficking and to prosecute traffickers. It calls on the Government to ensure that trafficked women have the support that they need so that they can provide testimony against their traffickers. It also urges that training of border police and law enforcement officials provide them with the requisite skills to recognize and provide support to victims of trafficking. It also recommends that the Government review its procedures for issuance of visas to dependent spouses, taking into consideration that such spouses may be vulnerable to sexual exploitation.
Here, the Committee mentioned in particular the residence status of foreign female and male witnesses. In this context, No. 248 of the RiStBV (Guidelines for Criminal and Administrative Fines Proceedings [Richtlinien für das Strafverfahren und das Bußgeldverfahren]) should be quoted to which the following new para. 3 was added in the summer of 2000:
"(3) If in criminal proceedings the summons of a foreign person concerned by the offence as a witness in the main hearing is necessary, and if they consent to a further time-limited stay in the Federal Republic of Germany, the public prosecution office shall inform the competent immigration authority with the aim in mind of postponing measures to terminate residence for the duration of the criminal proceedings, and in particular to issue a temporary suspension of deportation in accordance with section 55 subsection 3 of the Aliens Act. If the foreign person is no longer needed as a witness for the criminal proceedings, the public prosecutor shall inform the immigration authority of this immediately."
Re paragraphs 37 and 38:
The Committee is concerned at the continuing stereotypical portrayal of women, especially of foreign women, in the media.
The Committee urges the Government to support the important role of the media in changing stereotypical attitudes to women. It recommends that opportunities be created for the portrayal of positive, non-traditional images of women and to encourage and facilitate the use of self-regulatory mechanisms in the media to reduce discriminatory and stereotypical portrayals of women.
The portrayal of women and the treatment of matters related to women in the media plays a major role for the Federal Government. Also particular interest is attached to the pictures of women in advertising since advertising has both a positive and a negative influence on the portrayal of women. It cannot be denied that commercial advertising remains wedded to stereotypical ideas. It can be ascertained that advertising which obviously discriminates against women, where women are portrayed for instance as a mere sex and decoration object, has considerably reduced in recent years, which is certainly also an achievement of the German Advertising Council, a voluntary self-regulatory body of the German advertising industry. The German Advertising Council has formed at the initiative of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and of the German Women's Council a complaints body with the aim in mind of reducing the number of adverts that are discriminatory towards women, and to introduce women's policy points of view into the evaluation of advertising.
Re paragraphs 39 and 40:
The Committee is concerned that, although they are legally obliged to pay taxes, prostitutes still do not enjoy the protection of labour and social law.
The Committee recommends that the Government improve the legislative situation affecting these women so as to render them less vulnerable to exploitation and increase their social protection.
The Act Regulating the Legal Situation of Prostitutes (Gesetz zur Regelung der Rechtsverhältnisse der Prostituierten) entered into force on 1 January 2002, by means of which the legal and social protection situation of prostitutes was improved. The core of the Prostitution Act is that prostitutes are enabled or made more easily able to gain access to social insurance. Prostitution is no longer considered immoral under civil law. Prostitutes have an actionable right to an agreed wage.
Re paragraphs 41 and 42:
Noting the Government's intention to amend the Aliens Act on the legal status of foreign spouses, the Committee is concerned at the situation of alien women seeking residence in the State party.
The Committee urges the Government to continue to improve the legislative and social protection of alien women, especially of women asylum seekers.
The Act Reforming Section 19 of the Aliens Act entered into force on 1 June 2000, in accordance with which the legal position in particular of female spouses with a migration background was improved. More detailed discussion is provided on this in Part II at 6.5.
Insofar as the Committee spoke of social protection, it should be noted that in the Federal Republic of Germany the duty to have insurance and to make contributions depends exclusively on whether employment for financial reward or self-employed work, which is subject to the duty to have insurance and to make contributions, exists in accordance with special provisions relating to the duty to have insurance and to make contributions. Here, the nationality and the gender of staff is of no significance for social insurance. Furthermore, the so-called territoriality principle applies. Accordingly, individuals exercising work in the territory of the Federal Republic of Germany for which insurance is obligatory are on principle included in German social insurance irrespective of their nationalities.
Re para. 43:
The Committee urges the Government to deposit its instrument of acceptance of the amendment to article 20, paragraph 1, of the Convention as soon as possible.
The urging of the Committee to deposit its instrument of acceptance with regard to the amendment to Article 20, paragraph 1, of the Convention was complied with on 25 February 2002.
Re para. 44:
The Committee also urges the Government to ratify the Optional Protocol to the Convention.
The Federal Republic of Germany signed the Optional Protocol on 15 January 2002 which entered into force on 15 April 2002, three months after the deposit of the depository notification.
Re para. 45:
The Committee requests that the Government respond in its next periodic report to the specific issues raised in these concluding comments. The Committee also requests that the Government engage in a broad consultative process with women's non-governmental organizations, including those that represent foreign women, when preparing its next report.
The request of the Committee to respond to the specific issues raised in the Consideration of Reports is complied with in this Fifth Report. The Federal Government is in constant contact with non-Governmental organisations for women. It should be noted by way of example that the Federal Republic of Germany has taken on two representatives of non-governmental organisations in the German Delegation as full members since the twenty-third Special Session of the General Assembly in June 2000 at the sessions of the Commission on the Status of Women and takes their advice on the topics to be dealt with.
Re para. 46:
The Committee requests the wide dissemination in Germany of the present concluding comments in order to make the people of Germany, particularly government administrators and politicians, aware of the steps that have been taken to ensure de jure and de facto equality for women and the future steps that are required in that regard. It also requests the Government to continue to disseminate widely, in particular to women's and human rights organizations, the Convention and its Optional Protocol, the Committee's general recommendations and the Beijing Declaration and Platform for Action.
The Committee's request has been complied with. The corresponding material has been made available to the relevant women's and human rights organisations, as well as to the interested public both via the Internet and directly.
Part I: Women's Living Conditions in the Federal Republic of Germany
1. Population
At the end of 1999, some 82.2 million people lived in the Federal Republic of Germany in an area of roughly 357,000 km2, in other words approximately 0.2 million more people than when the last CEDAW National Report was made (reference year: 1996). This total includes roughly 7.3 million foreigners, 0.4 million more than in 1993. Women account for the majority of the population, with 42.1 million (51.2%) as opposed to 40.6 million men (48.8%).
Roughly one in three inhabitants lives in one of the 83 major cities with a population of more than 100,000 inhabitants. 34.9 million people, i.e. roughly 42.4% of the total population, live in communities with fewer than 20,000 inhabitants, including 6.1 million (1996: 6.4 million; 1993: 7.3 million) in villages with fewer than 2,000 inhabitants. Compared to other European countries, the population density is high: In relation to the entire territory of the Federal Republic of Germany, it amounts to 230 inhabitants per km2, and has thus remained virtually constant in recent years. (for comparison, Greece: 80, France: 108, Great Britain and Northern Ireland: 244, the Netherlands: 465). However, the population distribution is extremely uneven: Some urban areas, such as the Ruhr District, reach a density of 1,136 people per km2, while other regions are relatively sparsely populated.
The age structure of the population has shifted more and more in favour of older people in recent years. The Federal Republic of Germany has had one of the lowest birth rates in the world for many years now: Only 9.4 live births per 1,000 inhabitants were registered in 1999 (1996: 9.7). Women have a markedly higher life expectancy than men: new-born females have a life expectancy of 80,6 years, while for new-born males it is only 74,4 years. There are 8.4 million women and 5.3 million men in the age group of the over 65s (cf. Table 1 in the Appendix).
Slightly less than half the female population (45.3% in 2000) is married (cf. Table 2.1 in the Appendix). On average, single women marry at the age of 28.3 years, and single men at the age of 31.0 - these figures being 0.7 and 1 year, respectively, later than in the previous report. In this context, the marrying age in the new Federal Länder is still lower than in the old Federal Länder.
430,674 marriages were entered into in the whole of Germany in 1999 (1996 427,297; 1993: 442,605), while there were 190,760 divorces (1996 175,550; 1993: 156,425).
The average age of mothers giving birth to their first-born child has further increased, rising in 1999 to 28.8 years (1996 28.4 years, 1991 26.9 years) in the old Federal Länder 28.9 in 1999 (1996 28.4; 1991 27.1) and 28.2 years in 1999 (1996 27.3; 1991 24.9) in the new Federal Länder and East Berlin.
After a short-lived increase in 1996 and 1997, the number of births in the old Federal Länder is falling continually once more (1995 681,374; 1996 702,688; 1997 711,915; 1998 682,172; 1999 664,018). In the new Länder and East Berlin, the birth figures are gradually increasing once more (1996 93,325; 1997 100,258; 1998 102,862; 1999 106,726). The number of births fell from 178,476 to 78,698 between 1990 and 1994.
7.3 million married couples and 2.0 million single parents, including 1.7 million single mothers, had children under the age of 18 in May 2000 (1993: 7.9 million married couples and 1.6 million single parents, including 1.4 million single mothers). There is only one child in half of all families with children. Families with four and more children are rare (cf. Table 2.2 in the Appendix).
2. Legal and political framework conditions
We describe below the legal and political framework in comparison to the last National CEDAW Report.
2.1 Act Amending the Aliens Act (Ausländergesetz)
The Act Amending the Aliens Act entered into force on 1 June 2000. Section 19 of the Aliens Act governs the independent right of residence of foreign spouses in the event of the dissolution of the marital community. Foreign spouses now receive their own right of residence in the event of a separation after two years, instead of the previous four. The hardship clause, in accordance with which an independent right of residence may be awarded before this period expires, has also been redesigned.
2.2 Amendment of the Federal Child-Raising Benefit Act (Bundeserziehungsgeldgesetz)
The reform of the Federal Child-Raising Benefit Act entered into force on 1 January 2001. It applies to births from 2001 onwards. The reform improves the conditions for child-raising benefit and child-raising leave, which is now referred to as parental leave. This Act creates clear improvements in the framework for joint childcare by both parents, who can at the same time work and gain qualifications.
Parents have a right to parental leave for up to three years for one child, whilst retaining full protection against dismissal. They may also jointly avail themselves of this entire right, or of part of this right. Parental leave normally ends on the child's third birthday. With the consent of the employer, however, it may be transferred up to a year at a time up until the child's eighth birthday. Part-time working of up to 30 hours per week is permitted during parental leave, and of up to 60 hours per week if parental leave is taken jointly. The new flexible parental leave replaces the old child-raising leave, the name and the inflexible rules of which (no legal possibility for joint child-raising leave, restriction on permissible part-time working to up to 19 hours per week) were out of date. (Cf. also Part II 11.5.1)
2.3 Act on Part-Time Working and Fixed-Term Employment Contracts
The Act on Part-Time Working and Fixed-Term Employment Contracts and Amending and Rescinding Labour Law provisions entered into force on 1 January 2001. One core item is the statutory right to part-time working in companies with more than 15 employees, including managerial positions. Employees in the Federal Republic of Germany whose employment has lasted for more than six months may require that their contractually-agreed working hours be reduced. The employer must discuss with the employee the desired reduction of their working hours with the aim in mind to reach an agreement regarding working hours and their distribution. This new legal provision goes beyond reconciliation of work and family. It in fact also separately makes it possible to reconcile part-time working independently of family duties. Furthermore, this Act provides that employees who wish to extend their contractually agreed working hours are to be given priority in comparison with others with the same aptitude after communication to the employer if a suitable post is available.
2.4 Reform of the Works Constitution Act (Betriebsverfassungsgesetz)
The Act to Reform the Works Constitution Act entered into force on 28 July 2001. The reform entails an improvement in equal opportunities for women and men.
For works assemblies and departmental meetings, there is a regular duty to report on the state of the equality of women and men in the works. Equally, this duty to report is prescribed for the management at the annual works council meetings. The tasks of the youth and trainee representatives have been expanded to include the field of measures to implement de facto equality. On the works council, in future the gender which is in the minority in the staff must be represented at least in its numerical ratio if it consists of at least three members. The genders should be appropriately represented on the General Works Council – as well as on central works councils of affiliated companies. This pattern should also be followed with the youth and trainee representatives, in that the gender which is in the minority must be represented at least in line with its proportion of the workforce.
The promotion of the reconciliation of family and work is to become the general task of the works council. The works council is given an express right to make of proposal, information and advice in the framework of staff planning as part of its general tasks to promote the implementation of de facto equality and the reconciliation of family and work.
Part-time workers receive a compensation right for works council work rendered outside their personal working hours or for participation in an all-day training course. Other compensation in the shape of partial release enables part-time workers in particular, and hence above all women, the opportunity to enter into a greater commitment to the works council.
2.5 Act on Registered Partnerships (Gesetz über eingetragene Lebenspartnerschaften)
The Act on Registered Partnerships which entered into force on 1 August 2001 introduced the separate legal institution of life partnership. This Act helps to reduce discrimination against persons of same-sex orientation, to respect other ways of living and to promote stable human relationships. The effect of the establishment of a life partnership is that the life partners are obliged to care for and support one another and to plan their lives together and bear responsibility for one another.
2.6 Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation
The Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation (Gleichstellungsgesetz für die Bundesverwaltung und die Gerichte des Bundes), which entered into force on 5 December 2001, places greater emphasis on equality between the staff of the public service of the Federation. It replaces the Federal Act on the Promotion of Women (Frauenfördergesetz des Bundes), in force since 1994, which did not have the hoped-for impact because it was not sufficiently binding. This corresponds to the constitutional mandate contained in the Basic Law (Article 3 para 2 second sentence of the Basic Law), the requirements of the EC Treaty (Article 2, Article 3 para 2 and Article 141 para 4 of the EC Treaty) and international law obligations (Article 11 of the CEDAW). With this Act, the state as an employer undertakes the function of a role model where the implementation of equality is concerned.
The necessary improvements and closer definitions contained in this new Federal Equal Opportunities Act provide for the following, amongst other things:
• The area of application of the Act covers the Federal administration which is organised under public law, the courts of the Federation and the private law facilities of the Federal administration. On the basis of this Act, institutional recipients of Federal benefits will in future be contractually obliged to apply its basic tenets. In the event of privatisation, a contractual obligation should be striven for to ensure that the equality regulations continue to apply.
• Women with the same aptitude, qualifications and professional achievements are given preference when filling senior positions if they are underrepresented in the respective field, taking account of the individual cases, in training, appointments, recruitment and promotion (so-called individual case quota).
• With interview and selection procedures, indirect discrimination in any form is also banned. This means that in comparative evaluations, for instance the interruption of employment because of family duties, time burdens caused by childcare and a smaller number of service and employment years may not be taken into account.
• All equality provisions on principle also apply to the allocation of training places in the Federal public service.
• The improved provisions on the reconciliation of family and work include, amongst others, a right to part-time employment or leave. In the framework of the official possibilities, teleworking posts or special working hours models are to be offered. The burdens of part-time workers are in fact to be reduced in line with their reduced working hours.
• The equality plans are being expanded to form effective tools for modern personnel planning and development. For instance, equality plans must amongst other things provide that the proportion of women at least remains the same when jobs are cut.
• The rights and duties of equality commissioners of the Federation are being strengthened and given concrete form, amongst other things by a more effective right to object and an additional right to take legal action. Their mandate is being expanded.
• The equality policy tool of gender mainstreaming, meaning the inclusion on principle of gender-specific interests in all fields of policy, is being anchored in the Federal service as an ongoing guiding principle.
• All legal provisions of the Federation, as well as official written correspondence, are in future to be written in gender-neutral language, and the applicable law is to be reviewed from a linguistic point of view if it is typified by masculine designations of persons.
2.7 Act Regulating the Legal Position of Prostitutes (Gesetz zur Regelung der Rechtsverhältnisse der Prostituierten)
The Act Regulating the Legal Position of Prostitutes (Prostitution Act - Prostitutionsgesetz) entered into force on 1 January 2002, enabling prostitutes to exercise their work either on a self-employed basis or in dependent employment with social insurance. In order to make this possible, the clarification was made that prostitution is no longer considered immoral under civil law and that prostitutes have an actionable right to an agreed wage.
2.8 Act to Protect against Violence (Gewaltschutzgesetz)
On 1 January 2002, the Act to Improve Civil Court Protection in the Event of Violent Acts and Unwelcome Advances, as well as to Facilitate Allocation of the Marital Home in the Event of Separation (Gesetz zur Verbesserung des zivilgerichtlichen Schutzes bei Gewalttaten und Nachstellungen sowie zur Erleichterung der Überlassung der Ehewohnung bei Trennung (Act to Protect Against Violence - Gewaltschutzgesetz) entered into force, introducing in addition to the simplified allocation of the marital home and regulations for a ban on contact, harassment and coming close, also a general right to allocation of the home if violent acts have taken place. This is conditional on the offender and the victim having a joint household established in the long term, forms of co-habitation other than marriage also being taken into account. This Act enables the courts to issue protective orders in accordance with which violent offenders may be prohibited from
• entering the shared home,
• being within a certain radius of the victim,
• visiting certain places where the victim is (workplace), and
• contacting the victim (e.g. by telephone). (cf. also at II 5.3.2)
2.9 Act to Improve Children's Rights (Kindesrechteverbesserungsgesetz)
The Act to Further Improve Children's Rights (Gesetz zur weiteren Verbesserung von Kindesrechten - KindrVerbG) entered into force on 12 April 2002. This Act makes it easier to order a person to leave a child's environment if this person constitutes a danger to the best interests of the child. In particular cases are considered here in which violent acts have been carried out against the child. The Violence Protection Act grants no protection in those cases in which the violence targets only the child and emanates from one parent. This is now expanded in favour of the child, and hence at least indirectly also in favour of the mother.
3. Economic and social framework conditions
3.1 Changing economic structures
In terms of macroeconomic output, the Federal Republic of Germany takes third place among the industrial nations, after the USA and Japan. Its gross domestic product grew in real terms by more than 15% between 1960 and 2000, whilst on an annual average the economic growth in this period was hence almost 1.6%.
The proportion of gainfully employed persons in manufacturing (including construction) among all gainfully employed persons fell between 1991 and 2000 from 36.7% to 29.2%, and from 4.0% to 2.5% in agriculture. By contrast, increasing proportions of persons in gainful employment have been recorded by the tertiary sector (wholesale and retail trade, hotels and restaurants and transport, financial intermediation, letting and service-provision, state and private service-providers) from almost 59% to 68.4%.
The growing share of the tertiary sector in the overall economy had direct consequences as regards female employment. The proportion of women in gainful employment in May 2000 was 54% in the service sector and just under 24% in manufacturing and construction. In the former Federal territory, the proportion of women was 53% and in the new Länder and East Berlin it was 57% (cf. table 3.1 to 3.3 in the Appendix)
3.2 Education and training
3.2.1 General remarks
Girls and women have benefited considerably from the developments in education policy and the opening of education channels since the 1980s: They have seized the opportunity to demonstrate their willingness and ability to learn, and today account for the majority of the pupils in all education channels leading to the "Abitur" school-leaving certificate (cf. table 4.1 in the Appendix). Upon leaving the schools providing general education, on average they have higher school-leaving qualifications than their male counterparts and also achieve better grades. For example, the proportion of girls in 2000 was 50.9 % at intermediate schools, 53.8 % at grammar schools in years 5 to 10 and 55.9 % in years 11 to 13, but only 43.8% at secondary general schools. The number of new and current female students at institutions of higher education has also risen substantially. Since the 1995/96 winter semester, more women than men have been starting a course of study at a German university (cf. table 4.3.1 and 4.3.2 in the Appendix). The subjects chosen by female and male students have also become more similar in recent years (cf. graphs 4.3.3 and 4.3.4 in the Appendix).
3.2.2 Training in accordance with the dual system
The proportion of young women among the trainees in the dual system (i.e. training in a company and at a vocational school) is increasing only very slowly and the Federal average is about 40% (cf. table 4.2.4 in the Appendix). In Berlin the proportion is higher, at 45.5%, and it is lower in the new Federal Länder, at approx. 38%. Out of a total of 1,920,751 persons attending vocational schools in 2000/2001, some 779,143 were women (40.56%). The reasons for this can be found partly in the narrow spectrum of occupations, as well as in the ongoing classical role allocations. By contrast, more girls (1,228,300) than boys (1,028,900) attend grammar schools. Since in the German educational system the vocational prospects for those with an "Abitur" school-leaving certificate can on principle be regarded as more favourable, related to the training opportunities offered to women as a whole, it is not possible to regard this as a discriminatory situation for women.
In contrast, young women are in the majority in the field of vocational training in schools (full-time vocational schools) (1999 57.2%).
However, the market for training places has continued to be characterised by a marked division between men and women. After completing their schooling, most girls and boys choose occupations requiring formal training in which their own gender has a clear majority. In 2001, 37.1% of the female trainees were in occupations which are primarily practised by women (more than 60% or 80% of female trainees) and 34.8% in occupations where women are dominant (i.e. with 80-100% of female trainees). In total, therefore, more than 70% of girls selected vocations in which they are in a clear majority.
In comparison to this, in 2001 4.4% of female trainees were in occupations which are primarily practised by men and 3.9% in occupations where men are dominant. The Federal Government pays special attention to this development in the Reports on Vocational Training that are submitted annually (cf. tables 4.2.1. to 4.2.3 in the Appendix).
3.2.3 Training of women in the occupations of information and communication technologies
In June 1999, the Bund/Länder Commission for Educational Planning and Research Promotion (BLK) adopted a report entitled "Improving women's opportunities in training and at work". It contains specific recommendations for action to gain women for natural science and technical occupations in both schools and higher education institutions.
A major contribution has been made to this increased interest on the part of young women in information technology training by information and education campaigns, practical workshops and training courses for female multipliers which are combined in the "Competence Centre for Women in the Information Society and Technology" which was initiated by the Federal Government. Furthermore, the Competence Centre combines many projects and measures in IT training and occupations on behalf of the Federal Government and in cooperation with enterprises and women's technology networks.
A focus of the Federal Government's initiatives is to expand the spectrum of occupations for girls and young women and to train them in future-orientated vocational fields. The Federal Government is hence using a broad range of activities to attract attention to IT training and occupations. This includes for instance "Idea IT", a national training project of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in cooperation with the D21 Initiative in public-private partnership, by means of which young women are to be motivated to enter training in the IT and media occupations. This focuses on several levels:
- Enterprises are specifically called on to take part in the activities available, to provide more internships and training places for women and to select female staff in their enterprises as "ambassadors" to report on their work in schools, chats and other activities.
- The interest of young women is to be aroused by means of competent information and advice.
- Training itself is to be made more attractive by virtue of a new image and new content, in particular for women. Additionally, trainers are to be specifically prepared to implement equal opportunities.
In this context, the "Joblab" multimedia management game is also significant, with its targeted information on IT occupations for careers advice. In order to give girls an insight into the world of work, the Girls' Day (girls' future day), which has already been successfully tested in 2001 and 2002, is to be continued at national level in 2003.
The measures are supplemented by the LizzyNet Internet portal, in which girls try to use the Internet. The Federal Government has greatly extended the online training courses and further training of teachers via LeaNet, the Internet forum for teachers in the context of the "Schools onto the Net" association. The "Be.it –" and "Be.ing –" Internet portal is used, in cooperation with the business community, to present national girls' technology days, internship databases for female students and girls intending to study, as well as attractive study offerings.
The number of female trainees in the four IT occupations, specialised computer scientist, IT – system electronics specialist, IT – system clerk and computer science clerk increased almost seven-fold between 1997 and 2000. From 665 trainees in 1997, the number increased to 5,253 in 2000. In the framework of the "Further training of women from IT occupations to become IT trainers" project, the Federal Government considerably increased the number of female trainers by the end of 2002. In parallel with this, a training curriculum is being developed, including the guideline of gender mainstreaming, which takes account of the concerns of women and men in training and will be used in future by multipliers.
3.3 Women in institutions of higher education and research
3.3.1 General remarks
More and more young women are deciding to study today. Thus, more young women than young men started a university course in the winter semester 2000/2001 (53.4%). In the academic year 2000, the proportion of female students starting courses at institutions of higher education (universities, colleges of art and Technical Colleges) was 49.0%. Women complete higher education courses just as successfully as male students. It can thus be expected that participation by women in study courses and the sitting of final examinations will continue to increase in the coming years until they match the numbers of new students now reached.
In order to establish equal rights for women and men, one of the important goals is also to increase the participation of women in the subjects primarily chosen by men and again to motivate and support women in choosing previously atypical training and career goals. It is important in this context that there should be modern, future-orientated study courses which can offer women attractive career prospects. The Federal Government has therefore made a special effort to increase the proportion of women in the technical and natural science subjects. Many institutions of higher education now offer try-it-out study courses and summer courses at institutions of higher education in the natural science subjects specially for female pupils. Mentoring programmes in Rhineland-Palatinate (Ada Lovelace project) and in Hesse (Network of Female Mentors in natural science and technical subjects) aim to provide personal support in the transition from school to an institution of higher education and to make female role models visible.
For female computer science students, the Federal Ministry of Education and Research in cooperation with the D 21 Initiative and the Fraunhof Society (formerly known as the GMD) initiated the "Muffin" and "Muffin21" mentoring projects. Even during their studies, female students can plan their further careers with specialist, personal advice with female mentors from research facilities and industry.
Courses of study exclusively for women have been established as pilot projects since the mid-nineties, such as the women's studies in Industrial Engineering at the FH Wilhelmshaven (since the 1997/98 winter semester) and at Stralsund Technical College (since the 2000/01 winter semester) as well as Energy Consultancy at Bielefeld Technical College (since the 1998/99 winter semester, open to men since the 2000/01 winter semester). At the Bremen institution of higher education there has been an international women's course of studies in computer science since the 2000/01 winter semester.
In 2000, the proportion of women among students leaving institutions of higher education after passing their diploma or equivalent final examinations in the whole of Germany amounted to 44.8%. The proportion of women entering the scientific field is still too low, even if the proportion of women among doctoral candidates increased from 28.5% in 1990 to 34.3% in 2000.
The number of women who qualify for a career in the sciences has risen substantially in recent years. This is largely a result of measures and recommendations of the Bund/Länder Commission for Educational Planning and Research Promotion, and also the Universities Special Programmes launched by the Federal Government and the Länder in the early 1990s with special emphasis on the promotion of women in science. More than € 500 million were spent from 1990 to 1999 in the field of "Women in science". The proportion of women among candidates for qualification as higher education lecturers increased from 10% in 1990 to 18.04% in 2000. The proportion of women at institutions of higher education among full-time scientific and artistic staff amounted to 30.4% in 2000. The proportion of women among C-2 professorships increased from 14.2% in 1999 to 14.9% in 2000, among C-3 professorships from 10.2% to 11%, among C-4 professorships from 6.3% to 7.1%. (table 4.4 in the Appendix)
3.3.2 Results of the Third Universities Special Programme (HSP III)
The Joint Universities Special Programme (HSP III) for the period 1996 to end-2000 was presented in the most recent CEDAW Report. In this Programme, the Federation and the Länder agreed to increase considerably the proportion of women in research and teaching. In the implementation of the HSP III, the integration of conclusions and recommendations formulated in the report of the Bund/Länder Commission for Educational Planning and Research Promotion entitled "Promotion of Women in the Scientific Sector" is undertaken. The originally envisioned programme volume amounting to DM 720 million was indeed exceeded by DM 11 million.
It can be stated as a result that the HSP III promoted a total of 4,407 doctoral candidates, 1,439 of whom were women, making 32.65%. Despite a tense labour market, it was hence possible to enable a large number of doctoral candidates to enter research. Promotion of candidates for qualification as higher education lecturers promoted a total of 261 such candidates, 83 of whom were women, whilst in the humanities and social sciences 55 out of 158, in the subjects biology, medicine and agronomy 16 women out of 42 and with natural science 8 out of a total of 50, with engineering 4 out of 11 candidates for qualification as higher education lecturers were promoted. It is worth mentioning that 33 of those promoted, including 28 women, received a childcare allowance.
The HSP III enabled many young female scientists to return to an institution of higher education after the "baby break". To this end, so-called relaunch and contact grants were given, contracts for work and services concluded or part-time working posts made available. By these means, it has been possible to reduce disadvantageous effects on career development.
All grants funded from the HSP III were equipped with a childcare allowance in order thus to open up to women in particular the possibility of reconciling educational tasks and scientific work. The grant beneficiaries– as far as we can tell mostly women – indeed made use of this where the preconditions were met.
The number of women among professors is nevertheless still too low. The Federal Government hence at the end of the nineties together with the Länder set the goal of increasing the proportion of female professors by 2005 to 20%.
In order to be able to make greater use of the potential offered by highly-qualified women also because of the coming change of generations at institutions of higher education, the Federal Government has initiated a large number of measures in order to establish women in science and research, especially in managerial positions.
It can be stated as a conclusion that in spite of considerable efforts made by the Federation and the Länder and the concomitant financial expenditure, the envisioned greater participation of women in science has not yet been achieved in all fields and at all levels. This applies in particular to managerial positions in institutions of higher education and non-university research facilities. Hence, the Federation and the Länder have agreed to continue their joint efforts to realise the concept of equal opportunities for women in science and research, including after the HSP III has run out. To this end, the Bund-Länder Agreement to Promote the Further Development of Institutions of Higher Education and Science and to Realise the Concept of Equal Opportunities for Women in Research and Teaching as follow-up activities for Universities Special Programme III as the so-called University Science Programme (HWP) was reached on 16 December 1999 to run from 2001 up to, initially, 2003. The Federation and the Länder intend to take account of the results of an evaluation of the agreed measures to be carried out in 2002 in deciding whether to extend the period of the programme to 2006.
A part of the new HWP programme is the "Equal opportunities for women in research and teaching" programme which is jointly supported by the Federation and the Länder, focusing on the following:
• measures leading to qualification for a professorship at universities or for a professorship at Technical Colleges. The majority of the funding is envisioned for this (75%).
• measures of women/gender research, and
• measures to increase the proportion of women in natural science and technical courses of study.
The Federation and the Länder are providing funding of € 30.7 million per year for this programme. 40% participation by women in the personal measures is the target for all HWP programmes.
The measures taken by the Federal Government to realise the concept of equal opportunities for women in science and research are listed below:
• The "Helping to rise – career strategies for female scientists" programme established by the Federal Ministry of Education and Research accompanies the reform of service law and the HWP. It offers female scientists applying for posts as a professor or junior professor career training and coaching to enable them to hold a better starting position in the selection procedures, which are dominated by men. The participation of more than 500 highly-qualified women nationally in the programme shows how important this initiative is. This is why a call for tender for the programme will be issued once more in autumn 2002.
• The International Women's University "Technology and Culture" (ifu) promoted by the Federal Ministry of Education and Research which took place during the EXPO 2000 in Hanover was an exemplary reform project for institutions of higher education. With the ifu, the achievements of women in science and research were to be made visible worldwide. The ifu has shown the way towards a new scientific culture. Consistently accommodating female points of view and the gender perspective in all matters related to research is the scientific culture of the future.
• The "Center of Excellence Women and Science" (CEWS) which was established by the Federal Ministry of Education and Research in 2000 at the University of Bonn as the national coordination agency, service centre and link to the European Union has the task of promoting the equal opportunities of women in education and research. It is to support the Federal Government, institutions of higher education and research facilities, commissioners for matters related to women and equality, scientific and political institutions in their measures to realise the concept of equal participation by women in science and research. The FemConsult data base went online in 2002 with more than 7,000 datasets of female scientists in all subjects from Germany, Austria and Switzerland with a doctorate or professorship.
• With the reform of service law, the Federal Government intends to enable young female and male scientists to research and teach independently and on their own responsibility in their early thirties, and not make them wait until the age of 40, by introducing junior professorships. Transparent appointment procedures break up encrusted structures and remove informal staff recruitment mechanisms. This is intended to terminate discrimination against women within this procedure. With the new instrument of the "junior professorship" career opportunities will be offered to more young female scientists.
• Since 2000, institutions of higher education and research facilities which operate a personnel policy orientated in line with equal opportunities have been awarded the Total E-Quality prize which previously was almost only awarded within the business community. As a quality seal, the insignia is intended to create an impetus to make equal opportunities a matter for the highest level in management circles and personnel administrations. At the same time, it is to serve for young women as an orientation in looking for an institution of higher education which promotes their interests.
In addition to integrating equality policy goals into financial incentive systems, evaluation, controlling and other reform measures at institutions of higher education, there is one challenge which will face us in the time to come, namely that of changing the scientific qualification structures such that the intellectual potential of women is used more intensively. With the introduction of the strategy of gender mainstreaming, a change in perspective in equality policy has been completed. For institutions of higher education, this change in perspective means that the realisation of equal opportunities is a managerial task even more than before.
3.3.3 Research into women and gender research
The present establishment status of research into women within the institutions of higher education is closely linked to the establishment of professorships for research into women. In June 2001, it was possible to count a total of 102 women's research professorships at German Universities and another 17 at German Technical Colleges, as against the 1992 figure of only 61. These professorships for research into women were summarised in three types of professorship: those which had been established only for research into women and gender research, and professorships which in addition to a general specific orientation in the denomination also have a focus on research into women and gender research, as well as professorships in whose tender text, the special listing of the holder of the post in the field of research into women and gender research is a precondition.
3.4 Working life
3.4.1 Employment ratio
The situation of women in working life has continued to improve since the Fourth National Report was submitted in 1998. The employment ratio of women (meaning the proportion of women as against the population in gainful employment aged between 15 – 65) has increased since 1997 from 55.2% to 57.7% in 2000, so that Germany has already reached the interim goal of a women's employment ratio of 57% by 2005 which was formulated at the European Summit in Stockholm. In view of the increase rates achieved in recent years, the Federal Government is confident that it can implement the instruction of the European Council of Lisbon, namely to achieve a women's employment ratio of 60% by 2010.
The increase in the employment ratio of women is due to a heightened awareness of employment, the promotion of part-time working and a reduction in unemployment. Since 1997, the employment ratio of women (meaning the proportion of women as against those in gainful employment and not in gainful employment in the population aged between 15 – 65) of 62.8% increased to 64.0% in 2000. In the same period, the unemployment ratio of women fell from 12.2% to 10.0%. This positive development has led to a situation in which the proportion of women among those in gainful employment has risen from 42.7% (1997) to 43.6% (2000).
3.4.2 Unemployment ratio
The unemployment ratio of women has fallen continually since 1997. It has also been possible to reduce the gender-specific discrepancy in the unemployment ratios. Whilst the unemployment ratio of women fell from 12.2% (1997) to 10.0% (2000), the unemployment ratio of men fell less quickly, namely from 10.8% (1997) to 9.2% (2000).
In the same period, the degree to which women and men are affected by long-term unemployment increased. Whilst among women the proportion of the long-term unemployed among all the unemployed increased from 34.7% (1997) to 38.2% (2000), the proportion of long-term unemployed men increased from 29.8% (1997) to 32.8% (2000). This means that women remain more seriously affected by long-term unemployment than men.
3.4.3 Comparing the old with the new Federal Länder
In the old Federal Länder, the situation for women on the labour market has undergone very positive changes in recent years. Women have been able to benefit to the same extent as men from the improvement in the economic situation, so that their unemployment ratio fell from 10.7% (1997) to 7.9% (2001). Whilst the number of unemployed women in this period fell by roughly 180,000, the number of gainfully-employed women however increased by more than 920,000. These figures make it clear that the additional potential for female gainful employees was mobilised with great success in the old Federal Länder. In the new Federal Länder, the unemployment ratio of women is higher than that of men, but the gap has become smaller since the last National Report. Whilst their unemployment ratio in 1997 was 22.5%, it fell in 2000 to 18.8%. That of men was 16.6% in 1997 and fell to 15.9% in 2000. However, the fall in the number of unemployed women has not led to a corresponding increase in the number of women in gainful employment. It is obvious that some women who were registered unemployed have now withdrawn from the labour market in light of the difficult situation on the labour market in the new Federal Länder. These developments have led to a situation in which the women's employment ratio was lower in the new Federal Länder in 2000 (at 57.6%) than in the old Federal Länder (57.7%) for the first time since the unification of Germany.
3.4.4 Part-time employment
According to information provided in 2001 by the Federal Statistical Office (Microcensus), 86.4% of those in dependent part-time work were women. The proportion of part-time employees as against all women in dependent employment was around 30%. There are still considerable differences in part-time working between the old and new Federal Länder: Whilst in the West the part-time working ratio (= proportion of women working part time as against all women in dependent employment) was 43.1%, it was much lower in the East, at 24.4%. The differences between the East and the West are to be seen both against the background of the general economic situation in both parts of Germany, as well as historically, since the full-time model applied in the former GDR almost exclusively to women in gainful employment.
3.4.5 Qualifications of women and their occupational status
There is still a discrepancy between the qualifications of women and their occupational status. Furthermore, the work is differently distributed among the genders. The traditional gender-specific division of labour which allocates to women the family work – in addition to gainful employment - and to men the gainful employment has not yet been eliminated. Women in gainful employment are frequently in a poorer position in the company hierarchies than men, even if they have the same qualification. There are still far too few women at managerial level. In the lower third of the hierarchy, by contrast, they are overrepresented.
Although the Federal Government has no opportunity to regulate on matters related to wages - this is a matter for the partners to the collective agreements – it nevertheless supports equal pay for women and men with a collection of measures and regulations, and by establishing appropriate framework conditions in society and at work.
The support is provided by the "Alliance for Jobs and Training", this being a discussion at the most senior level of the Federal Government, the employers associations and the trade unions, which have undertaken to observe equal opportunities of women and the advancement of women's gainful employment as a cross-sectional goal in all initiatives of the Alliance.
In order to analyse the causes more effectively and to be able to implement targeted measures, the Federal Government submitted to the German Federal Parliament in April 2002 a comprehensive report on the occupational and income situation of women and men. (cf. below 3.4.12)
3.4.6 Labour promotion
Labour promotion takes on a major function in coping with the difficult situation on the labour market in the new Federal Länder. It helps deal not only with the continuing reduction in employment in some sectors of the economy, but also helps the companies to have at their disposal following the economic restructuring good, optimally qualified staff. In 2000, almost 45% of expenditure for active labour promotion was accounted for by the new Federal Länder. The proportions of women as against the persons promoted by labour market policy tools was 54.1% in the new Federal Länder. This exceeded the instruction entrenched in labour promotion law to promote women in line with their proportions of the unemployed (51.8%). Also in the old Federal Länder, the proportions of women as against the promoted persons, at 45.7%, was higher than their proportions of the unemployed (44.7%).
3.4.7 Amendments of labour promotion law – reform of the Book III of the Social Code (SGB III) and Job AQTIV Act
With the Second Act Amending Book III of the Social Code, which entered into force on 1 August 1999, the Federal Government carried out several improvements in labour promotion law which are relevant to women. In the group of women and men returning to work, since the amendment persons have also been included who have interrupted their unemployment or company vocational training because of bringing up or caring for children in need of supervision or family members in need of long-term care. Since for women returning to work, relaxed preconditions for promotion apply as regards the tools contained in Book III of the Social Code, access by women to the labour market policy measures has been considerably improved by this regulation.
Further amendments which are relevant to policy on women are entrenched in the Job AQTIV Act (Job-AQTIV-Gesetz), which entered into force on 1 January 2002. AQTIV stands for the German words meaning Activating, Qualifying, Training, Investing and Communicating. One of the goals of the Act is to promote the equality of women and men on the labour market. For this, the equality of women and men has been entrenched as a cross-sectional goal in labour promotion law. Furthermore, since 1.1.2002 the gender-specific discrepancy among the unemployed must be taken into account in promoting women using the tools of active labour market policy. Furthermore, the Job AQTIV Act is intended to make a contribution towards better reconciliation of family and work. This goal is served by increasing the refund amounts for childcare costs to up to € 130 per child per month if unemployed persons take part in measures of occupational basic and further training or training measures. Furthermore, the Job AQTIV Act increases social security from 2003 onwards by the times when maternity benefit has been received (as a rule six weeks before and eight weeks after the birth), and the times of education of a child up to three years of age are included in the obligation to be insured at the Federal Employment Service. This is conditional on an obligation to be insured at the Federal Employment Service having existed immediately prior to receiving maternity benefit or prior to starting to bring up children, or on a situation whereby unemployment benefit or unemployment assistance was drawn. The contributions for this much improved social security are made by the Federation and the health insurance funds.
3.4.8 Further legal amendments
Here, three legal initiatives are to be named by way of example which advance the equality of women and men and are intended to facilitate the reconciliation of family and work:
• The Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation, which entered into force on 5 December 2001, replaced the Act on the Advancement of Women of the Federation (described in detail in Part I Chapter 2.5)
• The reform of the Federal Child-Raising Benefit Act (Bundeserziehungsgeldgesetz), which entered into force on 1 January 2001, improved the framework for reconciliation of gainful employment and family for mothers and fathers (dealt with in Part II at 11.5.1), and
• The Act on Part-Time Working and Fixed-Term Employment Contracts, which has applied since 1 January 2001, which for the first time provides for a general legal right to part-time working in private industry (details at II 5.1; 11.5.1; 13.3).
3.4.9 Insignificant employment
In all of Germany since 1 January 2002 a standard wage limit has applied to insignificant employment of € 325 in monthly wages. With such employment, the employer must contribute a flat rate of 12% of the wage to the pension fund and 10% to a health insurance fund. There is an option for those employed at an insignificant level to add the flat rate of the employer to the pension amount (12%) to make up the full contribution. The wage is tax-free for employees if the total of the other income in the calendar year does not exceed the insignificance threshold. Employment is to be regarded as "insignificant employment" if the monthly wage does not exceed the amount of € 325 and fewer than 15 hours are worked weekly. This may be either ancillary or sole employment. On principle there is an addition of main employment subject to insurance and insignificant ancillary employment. Furthermore, short-term employment of at most two months or a maximum of 50 working days is covered. Women in particular benefit from the abovementioned social advantages.
3.4.10 Agreement to promote the equal opportunities of women and men in private industry
The Federal Government and the national associations of German industry also took an important step towards the equality of women and men in industry on 2 July 2001 in the shape of the "Agreement to promote the equal opportunities of women and men in private industry". The national associations of German industry have also agreed to recommend to their members a range of in-company measures to improve equal opportunities of women and men, as well as family friendliness.
Depending on the respective circumstances in situ, suitable in-company measures may include, for instance:
• entrenching equal opportunities and family friendliness as part of the corporate philosophy,
• increasing the proportion of women in managerial positions,
• preparing offers to win over more young women for future-orientated training and other training,
• improving the reconciliation of family and work for mothers and fathers, and
• formulating and documenting binding goals to realise the concept of equal opportunities and family friendliness in companies; staff in the works are to be involved in this.
This modern concept for equality between women and men in private industry depends on the enterprises' initiative. Implementation is supported by a senior group composed from the political arena and national associations. A first success check will take place in 2003, and after that at two-yearly intervals. An initial contribution towards a stocktake is now available in the shape of the publication entitled "Labour market opportunities for women" from the Federal Employment Service's Institute for Employment Research (IAB).
3.4.11 "Women and work" programme
In order to expressly push forward equal opportunities for women and men at work, the Federal Government launched the "Women and work" programme on the basis of the resolution of the Federal Cabinet on 23 June 1999. This is not a one-off, time-limited programme, but an ongoing one which is regularly examined and continued. After the programme has run for four years, all measures have been implemented or successfully launched. The core is the integration of equality policy as an ongoing task in all areas of policy and work of the Federal Government within the meaning of "gender mainstreaming". (The "Women and work" programme is described in detail in Part II of the Report at 11.5.1)
3.4.12 Report on equal pay
Although the principle of equal pay is clearly entrenched in German law, unequal treatment still exists in the field of pay for women and men. On average, women earn 75.8% of the gross earnings of men. The figure in Eastern Germany is almost 94%. Thanks to a legal position which is now clear, there is virtually no more direct wage discrimination against women, but many causes which are frequently very much hidden and which are correspondingly difficult to prove.
On the basis of the autonomy of the partners to the collective agreements the Federal Government has no direct possibility to regulate on matters related to wages. It has nevertheless taken it upon itself to make the contribution it can towards reducing wage inequality between men and women, and has submitted a comprehensive report on the work and income situation of women and men in the framework of the "Women and work" programme. A scientific team has been commissioned to draft this report.
The report provides information on trends in the work and income situation of women and men and analyses their causes. It describes the gender-specific distribution of jobs and training places, promotion opportunities and the wage and salary level of women and men, including comparisons between the various sectors of the economy. The report reaches the following conclusions:
Women have made progress in comparison to men when it comes to vocational training. On the basis of better school and vocational training, the work orientation of women, and of mothers in particular, has increased dramatically. However, young women remain underrepresented in both in-company training and technology-orientated occupations.
The work orientation of Western German women continued to increase in the nineties, and reached its highest level so far in 2000 (employment ratio 62.1%). The employment ratio of Eastern German women, by contrast, fell in the nineties, but is still much higher than that of Western German women, at 72.2%.
An ever-larger share of women work part-time (part-time working ratio among Western German women 42%, among Eastern German women 23%). With a macroeconomic volume of work which has fallen as a whole, the increasing inclusion of women in the labour market in some cases involved the redistribution of work among women.
Women are still much less frequently found in senior positions or higher hierarchy levels in companies than equally-qualified men. In Western Germany, in 2000 almost twice as many men as women worked in senior positions: 20.3% of men, but only 10.5% of women. In the East, the proportions were much closer, but at a lower level: 14.4% of men, 12% of women. In the age group of the under-thirties, women and men are equally likely to be managers. As men advance in age, their proportions in managerial posts increase. With women the proportions in managerial positions fall as their age increases. Interruptions caused by family are likely to be a major reason for this.
The income gap between women and men is much wider in the old Federal Länder: Whilst in Western Germany a woman earns almost 75% of the average income of a man, in Eastern Germany it is almost 94%.
If one takes a longer-term view, there is an approximation of the incomes of women and men. However, this is progressing only slowly. Western German women were able in the period of twenty years to catch up by almost 3 percent, whilst for Eastern German women the gap improved in the nineties by almost 2 percent.
Women's gainful employment is largely concentrated on economic fields with low earnings levels and in small and medium-sized enterprises where people earn less on average.
The increased employment ratio of women has not so far gone hand-in-hand with an equal division of family work between women and men. The gender-specific family division of labour also leads to very different incomes and careers during a working life. Men are almost always in full-time employment, irrespective of the form of family, whilst women with a partner/spouse very frequently work part time or at times not at all. These patterns are much more common in Western Germany than in Eastern Germany.
The working times of women cumulated in a lifetime are much lower than those of men. The cumulated gainful employment income of women (born in 1936 to 1955) is hence on average only 42% of men's income.
As a consequence of the different income biographies, the independent old-age pensions of women in the East today only reach roughly 60%, and in the West less than 50% of men's pensions.
The report analyses the many causes of the gender differences in gainful employment and in income. Traditional models of gender roles and of co-habitation of men and women ("extra money earner/bread-winner model"), the gender-specific division of labour within the family, the conduct of women and men in selecting their occupations, the provision of an adequate offering of childcare, but also the structure of a standard job, company recruitment conduct and company organisation are named in this context.
According to the report, collective agreements are to be examined as to whether in the grading systems the same criteria are always used and not individual criteria only for specific wage groups or fields of employment (e.g. responsibility only for higher-value groups and physical requirements only for the field of work).
According to the view of female and male scientists, collective agreements are to be structured such that employees are able to examine the basis on which the amount of their wage is calculated and on what the differences in wages between various types of equivalent work performed by women and men are based.
The report was submitted on 24.4.2002 to the German Federal Parliament with a statement by the Federal Government. The Federal Government considers its stance to have been confirmed in that the equality of women and men on the labour market continues to be to be placed at the centre of its social policy. It considers it to be indispensable to continue to improve the training opportunities of young women in the future-orientated occupations of the information society, and to expand the opportunities of women to find jobs and to advance professionally. Women and men must be equally afforded the possibility to reconcile work and family.
3.4.13 Women in the information society
Equal opportunities for women in the development and design of the information society are major strategic goals of the Action Programme entitled "Innovation and jobs for the information society of the 21st Century". It is a main goal of the Federal Government also in Germany to increase the Internet participation of women. The "Women onto the Net" programme organised by the Federal Government with Deutsche Telekom AG, the Federal Employment Service and the magazine "Brigitte" has so far reached a total of more than 100,000 female participants. With the nationally most successful portal for Internet courses for women, access was much increased between autumn 1999 and summer 2001. Whilst in 1999 roughly one-third of women used the Internet, now more than 43% percent of women use the Internet. The successful private public partnership concept is to be continued until 2003. With new female multipliers, in particular those women are to be approached who so far were not interested in using the Internet because of unemployment, a low income or lack of interest. This accounts for almost 60 percent of women. With a targeted expansion in the local authority area, the activities are to be made more sustainable.
In addition, the Federal Government also promotes other Internet offerings for women, such as the networking of equality commissioners, non-governmental organisations and networks of female experts. Making the possibilities and opportunities of the Internet visible to women was also a goal of the international conference entitled "WOW – Women on the Web" in March 2001 in Hamburg.
In order to counter the danger of a digital divide in our society, the Federal Government furthermore launched a demonstration and educational campaign in the framework of the "Internet for all" initiative with a variety of activities for children, senior citizens, people with disabilities and other groups which have been underrepresented to date in the use of the new media.
Within this campaign, the "Women" working party of the Information Society Forum has undertaken to describe the specific opportunities and risks of the information society for women and to develop an outlook for activity building on this. The goal here– in addition to support for innovative forms of work for women and increasing the proportion of women in information technology occupations and courses of study – is to create a comprehensive, women-friendly design for the information society in education, training, further training and technology development. (On the field of training, cf. I 3.2.3).
3.4.14 Women in the cultural and media field
Furthermore, the culture and media field plays a major role as to gainful employment for women. The proportion of women among staff in radio and television is higher than 40%. As to managerial functions, at the public law broadcasting companies the proportions of women have almost tripled since 1985 from 5% to 14%, but there are no women among the directors. The proportions of women among the members of the broadcasting councils had increased to 20% by 1999 (1994 17%) and in the administrative councils to 18% (1994 15%). The increase in the proportion of women in the public law broadcasting companies is however still much lower than the trends in other bodies and parliaments. In private radio and television providers, by contrast, 25% of managerial positions are already occupied by women even though there are no quotas issued there by women's advancement plans, as opposed to the situation in public law broadcasting.
The situation in the field of training has considerably improved, where the proportions of trainees averages 50%. In the broadcasting companies, there are almost without exception guidelines, service agreements or equality plans which provide for an improvement of the representation of women and constitute an important foundation for the work of the equality commissioners.
Whilst women are well represented in the field of the fine arts – for instance the growth in the number of female professors at art academies more than doubled between 1995 and 2000 – managerial functions in the sector of cultural policy (cultural officials) are in the main part occupied by men. In the design occupations, a clear upward trend for women can be recorded in all areas of work.
3.4.15 Women as entrepreneurs and business starters
The Federal Government has undertaken in its Action Programme "Innovation and jobs in the information society of the 21st Century" of September 1999 to increase the proportions of women in company start-ups to at least 40% by 2005. This should open up the potential of women for the economy and provide greater support to start-ups by women.
Female entrepreneurs and starter-uppers make a major contribution towards growth, employment and innovation in the German economy. Of the total of 3.6 million self-employed persons in Germany, 1,012,000 are women, which corresponds to a proportion of almost 28%. The number of self-employed women has therefore remained the same in comparison with the previous year. The number of self-employed women has grown by 1,000 in the new Länder and East Berlin; 168,000 women were self-employed here in 2001. In the old Federal Länder, by contrast, the number has fallen by 1,000 to 844,000.
From 1991 to 2001 the proportion of women among the self-employed in the old Federal Länder has increased from almost 26% to almost 28%. The proportion of female self-employed persons among enterprises in the East fluctuated from 1991 to 2001 between almost 28% and 30% (cf. table 3.7 in the Appendix)
The majority of self-employed women work in the service sector (558,000), followed by wholesale and retail trade and hotels and restaurants (329,000), manufacturing and construction (78,000) as well as agriculture and forestry (47.000). Roughly 160.000 self-employed women are freelancers. Women wanting to start up in business in Germany can rely on an extensive set of promotion tools geared to the needs of business starters of both genders. For instance, in 2002 from the special ERP fund of the Federation a total of roughly € 5 billion was provided for low-interest loans, which was added to by another € 9 billion by the own programmes of the Deutsche Ausgleichsbank and the Reconstruction Loan Corporation. The number of women whose start-up was assisted has clearly increased since 1990: For instance, in 2001 in the old Federal Länder more than one start-up in four that was promoted was carried out by a woman (25.1%) and in the new Federal Länder one in three (33.7%). These proportions were still 21.3% and 25.6% in 1990.
The introduction of the so-called Start-up Money Program of the Deutsche Ausgleichsbank (DtA) proved to be particularly helpful for female business starters, which specifically covers the capital needs of smaller start-up projects (up to € 50,000). It is used by a disproportionately high number of female business starters. Since it was launched in May 1999, 20,703 seed-money loans have been supported with a credit volume of € 654.3 million (as at: July 2002). The proportion of women here is 36.3 %, as against 25.3 % in other DtA promotion programmes. From 1 October 2002, the Deutsche Ausgleichsbank will supplement its promotion programme with a microloan of up to € 25.000. The microloan is to help starters of small and micro enterprises, which are common in the service sector in particular, to make it easier to become self-employed. More than 56% of self-employed women work in the service sector. It can therefore be expected that women will especially benefit from this programme.
Furthermore, there is a series of special advice offerings for female business starters at local authority or Land level which are supplemented by offerings by women in networks or associations. In the virtual "Start-up centre" of the DtA, novice male and female entrepreneurs find answers to many economic and legal questions. What is new is the "Female entrepreneurs special", which specifically targets female business starters. The Special provides not only an overview of the funding and advice on offer, but also offers additional valuable information such as tips on surfing and books, as well as an overview of female networks.
The "Power for Business Starters" programme being planned by the Federal Government is to motivate and support entrepreneurs in their commitment. The programme is to use targeted structural measures, frameworks and public relations work to help create a climate in Germany that is friendly towards women starting up in business. It is primarily important here to collate statistical data on women starting up in business, the impact of the information society on how businesses are launched, and the start-up plans of women. There is also a need to work on strengthening women's participation in the field of technology-orientated start-ups (IT area, biotech business) and in the use of the potential of the Internet by female entrepreneurs. An "Information and Service Centre for Business Start-ups" is to move the measures along.
The Advancement Further Training Assistance Act (Aufstiegsfortbildungsförderungsgesetz - "Meister-BAFöG") newly introduced in 1996 is also important for women, containing as it does regulations concerning the participation of women with children in continuing education programmes, and is intended to assist women's positive career development. The reform of the "Meister-BAFöG" entered into force on 1 January 2002, by means of which amongst other things, the family and start-up component of the Act is to be strengthened. Better promotion conditions now apply to families with children and to single parents.
4. Women in agriculture and in rural areas
4.1 The situation of women in agriculture
In Germany, as in other industrialised nations, the number of persons employed in agriculture has been on the decline for a long time. While one in four gainfully employed persons in the old Federal Länder still worked in agriculture in 1950, the figure today is only 3 out of 100. The number of agricultural businesses with a farming area of 2 hectares or more dropped from 1.6 million to roughly 406,200 in the same period. Because the lower collation threshold has been changed, the information is only comparable to a limited degree. (Until 1997, agricultural businesses with 1 hectare of farming area and more were included.) Nevertheless, domestic agriculture still covers almost 90% of domestic food requirements.
Roughly 97% of agricultural businesses in Germany were one-person businesses in 1999, the overwhelming majority of which were operated as family businesses. 12.5% of the full-time family workers were female, whilst 45.6% of part-time family workers were female.
As a national average, roughly 9% of all businesses were managed by women in 1999. Their proportion in the new Federal Länder was roughly 20%, with the figure for businesses of 50 hectares and more being roughly 14%. Roughly 353,000 women, or 37% of all family members in agricultural businesses with the legal form of a single enterprise, were given work in Germany in 1999. These women perform 28% of the work to be done. This makes it obvious that almost no agricultural business could survive without the help of its women. Alternative sources of income, such as the direct marketing of agricultural products or "farmhouse holidays" are mostly the responsibility of the women in the business.
Structural change affects women in agricultural occupations first. The initially considerable structural differences between the former Federal territory and the new Federal Länder have continued to reduce. Whilst in the former Federal territory it was mostly family workers who worked in agriculture, in the new Länder persons from outside the family, as a rule full-time employees, were employed. The structural change that has taken place here led to a considerable drop in the number of jobs, especially for women. In 1999, roughly 54% of the unemployed from agricultural and forestry occupations in the new Länder were women.
In order to counter this trend, alternative, national marketing projects were developed. Against this background, the Federal Government together with the Land Rhineland-Palatinate implemented from 1996 to 1999 the pilot project of the Deutscher Land-frauen-verband (German Association of Rural Women). "Cooperative national marketing of agricultural women's products" (Eifel – Hunsrück project), the aim of which was to develop and test a concept to market agricultural products in cities (agricultural women's shops).
In order to open up services for senior citizens in rural areas as a measure to improve income, from 1999 to 2001, the pilot project entitled "services for senior citizens in rural areas" was implemented and promoted by the Federal Ministry of Consumer Protection, Food and Agriculture.
Since the mid-nineties, it has been becoming more and more clear for rural areas in the new Federal Länder that its future development as an economic and social area will depend heavily on the degree to which the people living here are able to mobilise their own potential. In order to counter the problems faced by women on the labour market– and especially the resulting many-layered social consequences – the organisation of employment projects is a major element of the work of rural women's organisations.
After the Federal Government's pilot project run from 1993 to 1996 "Rural women help themselves" in Saxony-Anhalt, successfully supporting rural women in setting up their own agricultural businesses, since 1998 the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has implemented a pilot project in the new Federal Länder "Rural women shape structural developments in rural regions – SELF", which it successfully concluded in 2001. In close cooperation with the Associations of Rural Women, the German Association of Rural Women as the organisation responsible for the pilot project supported women in rural areas, who are more seriously affected than men by unemployment, in projects orientated towards income, and in starting up in business.
The project made a contribution towards creating women's jobs using the existing potential and initiatives in rural areas, creating a point of crystallisation for women's ideas to start up in business in rural areas, and developed new ideas for new businesses of women and brought them to fruition. In total, the pilot project gave birth to 26 start-ups with initially 40 jobs in all areas, such as crafts, services, wholesale and retail trade and tourism.
4.2 Promotion of employment possibilities for women in agriculture
New agricultural policy framework conditions, structural, technical, economic and social change in agriculture and in rural areas worsen on the one hand the already tense work and income situation, and in particular that of women in agriculture. On the other hand, however, opportunities also exist to open up new fields of work and income by means of reorientation. The goal is to give an impetus to women in agriculture and in rural areas to develop and implement new ideas and concepts to ensure or open up income and employment possibilities.
There are questions as to whether it is helpful here to apply and use information technologies. There is still a considerable qualification and use gap between urban and rural areas. This applies in particular to women in rural regions. In order to remedy this structural problem, the German Association of Rural Women has used funding from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth to implement an IT project which is directly practice-orientated. This project supplements the "Women and work" programme with which it is not otherwise possible to fully reach women in rural areas. The project provides that in each rural association (there are a total of 22 rural associations in Germany) an average of two women are trained to become IT specialists in order to use this at further training events for the rural women's organisations at Land level. The trained specialists are also responsible in their Länder for carrying out commissions from rural women and business starters to design a Website. This means for one thing that the specialists hence become business starters themselves, and for another that new marketing channels can be opened up for the regional business starters.
5. Women in public life
5.1 General remarks
In the elections to the 15th German Federal Parliament in September 2002, women form the majority of persons entitled to vote, with approx. 31.9 million voters, as against roughly 29.3 million. In the period under report, it was possible to increase the proportion of women in political offices at all levels. A balanced participation of women and men in political offices has not yet been achieved. The main reasons for this lie in the traditional allocation of roles between women and men and the traditional living and working conditions. Women with family duties find it more difficult to undertake a political commitment than men. So that work in the family is not an obstacle to a political commitment, the forms of political organisations and events must be geared more to the living and working conditions of women. The Federal Government is attempting to use a group of measures to win over young women in particular for political commitment. This includes, for instance, female mentor projects enabling young women to accompany female politicians for a time during their everyday work.
5.2 Participation at Federal level
The proportion of women in the parliaments has increased steadily in recent years. For instance, in 2002 the highest proportion of women to date in the German Federal Parliament was reached since the Federal Republic was created. In total, after the 1998 election in the 14th Federal Parliament 30.9% of the members were women, accounting for 207 women out of a total of 669 MPs. In comparison to this the number after the Federal Parliamentary elections in 1994 was 26.3 %. The proportions of female MPs however varies according to party membership. For instance, the proportion of women in the SPD is 35.23%, in Bündnis 90/Die Grünen 57.45%, in the CDU/CSU 18.37%, in the FDP 20.93% and in the PDS 58.33%. For the second time in the history of the Federal Republic of Germany, a woman was elected President of the Federal Parliament (following Annemarie Renger, who held the post from 1972 to 1976) and held the second-highest state office from 1988 until 1998: Prof. Dr. Rita Süssmuth. Three out of the five vice-presidents of the 14th German Federal Parliament are women. For the first time ever, a woman, Prof. Dr. Jutta Limbach, also presided over the highest German court, the Federal Constitutional Court, from 1994 until the spring of 2002.
In 2001, the Cabinet of the Federal Government included seventeen women: six ministers (Federal Ministry of Justice, Federal Ministry of Consumer Protection, Food and Agriculture, Federal Ministry for Health, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, Federal Ministry of Education and Research, Federal Ministry for Economic Cooperation and Development) and eleven parliamentary state secretaries in a total of 16 ministries. Women also bear responsibility as state secretaries in areas which were previously the exclusive domain of men (e.g. Federal Ministries of the Interior, Finance and Defence).
A woman was the Defence Commissioner of the German Federal Parliament for the first time from 1995 to 2000.
5.3 Participation at Land level
The proportions of women in the Land Parliaments vary between 22.7% in Bavaria and 41% in Bremen.
The members of the Länder Governments include roughly 40 female ministers (with proportions varying between 8.3% in Saxony and 55.6% in Schleswig-Holstein). Since May 1993, a woman has headed a Land government for the first time (Schleswig-Holstein).
5.4 Participation at municipal level
In the elected representations of the cities and local authorities, as well, the proportion of women continued to increase in recent years. In local authorities with 10,000 up to fewer than 20.000 inhabitants, women have already a proportion of city and municipality council members averaging 21.04%. One can also establish that the larger the municipalities are, the more female candidates manage to reach the city or municipality council. For instance, women in municipalities with 500,000 and more inhabitants have a proportion on the city or municipality council averaging 36.26%. In several large cities, women head the administration.
5.5 Participation in trade unions
The trade unions combined in the German Trade Union Federation (DGB) counted in 2000 a total of 7,772,795 members – of whom 2,369,560 were women. The number of female members of the trade unions which are members of the DGB fell from 30.9% in 1997 to almost 30.4% in 1999. The trade union ver.di emerging from the 2001 merger of DAG, DPG, HBV, IG Medien and ÖTV had a total of 2,991,656 members at the start of 2002, almost half of whom were women, accounting for 1,422,327 members. Some sectors of ver.di have a high proportion of women because of the sectors. For instance, in the areas of trade, banks and insurance, there are 286,825 female and 145,798 male members.
In 2000, two trade unions (GEW and HBV) had a chairwoman. When the services trade union ver.di was founded in 2001, the former HBV chairwoman became the deputy chairwoman of ver.di.
Two out of five members of the Federal Executive Committee of the German Trade Union Federation are women, making a proportion of 40%. There are no female Land Trade Union Federation chairwomen, but women account for a proportion of 40% of deputies. The proportion of women in the District Executive Committees (to be referred to in future as Regional Executive Committees) is 15.4%.
It should be stressed that in the ver.di service trade union women are given their own structures and possibilities to work. Gender democracy is one of the core tasks; the concept of equality of women and men in industry and in society is to be realised through all decisions, and in appointments to trade union bodies. In elections, women must be taken into account in line with their proportions of the membership.
6. Institutions and authorities for promoting the equal rights of women and men
6.1 Commissioners for equality and women's affairs in authorities and public institutions
Many Federal and Länder authorities, as well as public institutions, nowadays have agencies which also, or even exclusively, deal with matters relating to equal rights for women in the sphere of work and responsibility of their institutions.
6.2 Equality commissioners of the Federation
The rights and duties of the equality commissioners of the Federation have been given concrete form and made more intense by the new Federal Equal Opportunities Act (Bundesgleichstellungsgesetz), and their field of tasks has been expanded. This is accompanied by clear regulations regarding their obligatory release from other official tasks.
With their right to object, the equality commissioners are given an effective, formal legal remedy against rulings and measures of their agencies which they consider to be counter to equality. By means of the express statutory opening of the appeals procedure to the administrative courts in the case of fundamental differences of opinion regarding the rights of the equality commissioners and the equality plan, the equality commissioners of the Federation will be able in future to have fundamental matters relating to equality clarified by a court without the previous risk of their application for a court ruling being rejected as inadmissible for lack of a legal basis. As specialists for matters related to equality, the equality commissioners are involved in the procedures for appointments to bodies within their units unless specific equality sections are established. They also contribute towards measures intended to protect against sexual harassment at work.
6.3 Interministerial Working Group
The equality commissioner of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is the chairwoman of the Interministerial Working Group (IMA). In the IMA the equality commissioners exchange their experience, process supra-authority questions related to equality, develop ideas for improving the working conditions of the female staff in their departments and undergo further training together in the interest of their work. This is a matter of reducing disadvantages, staff development and reconciliation of family and work, as well as a large number of other topics.
6.4 Equality facilities in the Länder
The development in the authorities of the Länder is similar to that at Federal level.
All the Länder governments have equal opportunities institutions. However, they are integrated in the administration in different ways. 13 Länder have established Ministries for Women's Affairs in recent years, namely Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, the Saarland, Saxony, Saxony-Anhalt and Schleswig-Holstein. Baden-Württemberg has a State Secretary for women's affairs in the Ministry of Social Affairs, while Thuringia has a commissioner of the Thuringian Land Government for the equality of women and men, and Mecklenburg-Western Pomerania has a women and equality commissioner of the Land Government.
The tasks and powers of the Länder equality agencies are as follows:
• recommendations and proposals on drafts, as well as examining statutes, ordinances and measures of the respective Land Government;
• cooperation with women's organisations, as well as with other organisations and associations concerned with women's affairs;
• cooperation with appropriate agencies of the Federation and the other Länder, as well as with all authorities which may implement measures related to the equality of women and men.
The activities of the Länder equality agencies cover all policy fields. 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.
The Conference of Ministers and Senators of the Länder for Equal Opportunities and Women (GFMK) was constituted in 1991 in Potsdam. It meets annually with a different chairperson each time. The Federal Government is represented as a standing guest. The GFMK is an institution for mutual information and coordination, the discussion of proposed legal provisions at Federal and Länder levels, the elaboration of joint statements and resolutions, and agreement on supra-regional activities.
The GFMK is an important tool to accompany the policy of the Federal Government – in particular regarding the policy areas of labour market, family law, old-age pensions, promotion of science and violence against women. Working parties of all the Federal Länder are developing supra-Land equality-promoting proposals to the Federal Government. These are submitted via a Federal Land to the Federal Council or to the other specialist conferences of the Federal Länder – as for instance the Conference of Ministers of Economics or Ministers of Justice.
6.5 Municipal equal opportunities boards
20 years after the establishment of the first municipal equal opportunities board in Cologne in 1982, there are now roughly 1,900 municipal equal opportunities boards in Germany. Many municipalities have an equal opportunities commissioner, as do the rural districts, including all those in the new Federal Länder. The appointment of equality commissioners has now become institutionalised and they have grown quickly in number in the past years. The widespread acceptance of equal opportunities commissioners is reflected in the fact that many other municipalities have also decided in favour of establishing an agency of this kind, even though they are not legally obliged to do so.
The legal foundations for the establishment of municipal equal opportunities boards and women's offices differ from one Federal Land to another. Most of the Federal Länder now have a statutory basis for establishing municipal equal opportunities boards. They are embedded in the respective Land equal opportunities statutes, local authority constitutions or municipal regulations. The effectiveness of their work depends on their competencies and on the available personnel and funds. Important prerequisites for effective work include, among other things, supra-departmental or supra-divisional powers of intervention, early involvement in personnel-related decisions and in all administrative decisions connected with equal opportunities issues, as well as the right to independent public relations work in coordination with the top levels of the administration. Municipal equal opportunities boards also have the possibility of providing concrete help in individual cases. At the same time, they can provide important stimuli for structural changes in the community and can promote the advancement of women in the municipal authorities themselves.
At Länder and Federal levels, the municipal equal opportunities boards have joined forces in working groups in order to improve their opportunities for exerting political influence.
6.6 Registry of the Federal Working Party of Women's Offices and Equal Opportunities Boards
Since January 2000, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has been promoting the establishment of a Registry of the Federal Working Party of Women's Offices and Equal Opportunities Boards within the framework of a three-year project. The Registry, headquartered in Berlin, is the national coordination agency of the Network Office for Municipal Commissioners for Women's Affairs and Equal Opportunities and their national spokeswomen.
6.7 Commissioners for women's affairs and equal rights at institutions of higher education
The Federal conference of commissioners for women's affairs and equal rights at institutions of higher education in Germany is a merger of all commissioners for women's affairs and equal rights from the universities, Technical Colleges, art colleges, the church institutions of higher education and the clinics which are connected to institutions of higher education.
This merger serves to implement joint goals, especially in the field of advancement of women and in reducing disadvantages for women at institutions of higher education. The Federal conference represents the interests of women at institutions of higher education at Federal level and towards the European Union, where Federal competences are affected. In this respect, it cooperates with other institutions, societies and associations.
6.8 Commissioner for equal opportunities on the labour market
Since the amendment of the labour promotion law (Book III of the Social Code) by the Job AQTIV Act, which entered into force on 1 January 2002 (cf. Part I at 3.4.7) the previous commissioners for women's interests at the employment offices have been given a new name. They are now called commissioners for equal opportunities on the labour market, and represent the employment office in important questions related to the advancement of women and the equality of women and men on the labour market, as well as the reconciliation of family and work in both genders.
This includes in particular matters related to the vocational training, the initiation of a vocation and the advancement of women, and of women and men re-entering work after a family phase, as well as with regard to flexible working hour arrangements.
The commissioners for equal opportunities on the labour market exist in all employment offices, Land employment offices and in the headquarters of the Federal Employment Service. They advise and support their units in specialised effecting of tasks in a manner geared to women and families. They help develop the business policy concepts of the employment office on equality of women and men on the labour market.
7. Means of enforcing equal rights
The lives of women and men differ in substantial ways in most fields of public and private life, even if many legal amendments have removed special discriminatory positions and exclusions affecting women. Measures and policies targeting people are not gender-neutral as a rule because of the extant differences in the reality faced by women and men, and must hence be examined as to their impact in order to avoid incorrect planning and to take account of the interests of both genders. In order to keep an eye on the situations of both genders, the strategy of gender mainstreaming has been developed which contains a modern, gender-geared approach.
7.1 Significance of gender mainstreaming
Gender mainstreaming imposes an obligation on all organisations and individuals involved in the design of political and administrative concepts and measures to take account of the different situations and interests of women and men in all projects from the outset. This means a systematic (re-)organisation process on the part of the political arena and the administration, an equality policy check of the conduct of the administration that is directed both inwardly and outwardly. Taking account of the interests of women and men within the administration, as well as addressees of standards and measures, is a central task of a modern, needs- and service-orientated administration and is in its vital interest in order to achieve greater staff satisfaction and more accurate answers to its citizens' questions.
Gender mainstreaming here does not replace the need for targeted advancement of women. On the contrary: Gender mainstreaming is expressly to be understood and implemented only as a supplement to specific measures for the advancement of women. The main difference between the two policies lies in the players involved and the conceptual approaches. The previous policy on the advancement of women or equality presumes a concrete equality policy problem. A solution is developed for this concrete problem through the persons and administrative units who are responsible for equality policy. Gender mainstreaming, by contrast, tackles all policy decisions, including those which at first sight appear not to have a gender-specific dimension. All these measures are regarded from a gender-related perspective, meaning that the possibly different starting conditions or impact of the measure on both genders must be investigated and ascertained. The implementation of gender mainstreaming makes it evident that politics are not gender-neutral. Whether we are talking about statutes, architecture and town planning, health-related matters, education, research projects, working hours arrangements in enterprises, assessment guidelines in the public service or the Radiation Protection Ordinance (Strahlenschutzverordnung) – everywhere the preconditions for women and men are different, everywhere the measures have a different impact on the genders, frequently to the disadvantage of women or of other groups whose lives differ from the classical male role model.
Specific policy for the advancement of women and gender mainstreaming are hence two different strategies to achieve the same aim, namely the equality of women and men and the continual reduction of gender-specific discrimination. In the view of the Federal Government, both strategies are necessary to achieve the goal and complement one another.
7.2 Framework conditions – political and legal requirements
With its Cabinet decision dated June 1999, the Federal Government recognised the equality of women and men as a continual guiding principle and decided to promote this task as a cross-sectional task using the strategy of gender mainstreaming. In the Joint Rules of Procedure (Gemeinsame Geschäftsordnung) of the Federal Ministries, accordingly the obligation on all departments has been established to observe the mainstreaming approach in all policy, legislative and administrative measures of the Federal Government (section 2 of the Joint Rules of Procedure).
In accordance with section 2 of the Federal Equal Opportunities Act (Bundesgleichstellungsgesetz - BGleiG) all staff in the Federal administration, in particular management, are obliged to promote the equality of women and men; this task is an ongoing guiding principle in all task areas of the units, as well as in cooperation between units.
The background, in addition to the Platform for Action of the 4th World Conference on Women held in Beijing in 1995, includes the legal obligation of the EU Member States from the Treaty of Amsterdam. Through the entry into force of the Treaty of Amsterdam on 1 May 1999 the implementation of gender mainstreaming became legally binding on the Member States of the EU; Article 2 and Article 3 para. 2 of the EC Treaty oblige all Member States to implement active, integrated equality policy within the meaning of gender mainstreaming.
7.3 The implementation strategy of the Federal Government
In order to implement the Cabinet decision of the Federal Government, a senior-level interministerial steering group was established in May 2000 under the management of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Each department undertook to appropriately further train its staff and to plan a first pilot project with which the gender mainstreaming approach is implemented in practice. The long-term goal of the steering group is to work out lists of criteria and checklists for all types of political and administrative activity in all departments of the Federal Government. The concrete projects are to give rise to an Equality Manual with transferable, structural manners of conduct (checklists, work aids, handouts, etc.) for the everyday implementation of gender mainstreaming in all types of action of the administration.
In the 34 pilot projects now organised by the Federal Government, transferable conduct is being developed for a routine, gender sensitive procedure for all working procedures and fields of the ministerial administration. The projects contain the entire spectrum of political and administrative decisions and range from activating third parties (e.g. by means of promotional guidelines) through statutory control to intra-departmental decisions (such as organisation of administrative procedures and staff development).
For instance, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has launched five different projects which radiate into different areas:
• As an intra-administration project, a concept is being developed for the staff development of the department from a gender mainstreaming point of view.
• In conceiving, tendering, awarding contracts and implementing research projects, both as regards the research project itself and concerning the research institutions, gender-specific aspects should always be taken into account.
• In the third project of the department, using the Assistance for the Elderly Structures Act (Altenhilfestrukturgesetz) a prospective examination of the consequences of legal provisions is carried out using questions related to the effect of the Act on both women and men.
• In order to include gender-specific questions in the political and administrative planning of the Federal Government as early as possible, in cooperation with the Federal Chancellery checklists are being drafted for drawing up submissions to Cabinet in accordance with the gender mainstreaming approach.
• In the field of youth policy, the organisations promoted from the children and youth plan in coordination with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth are to develop practical tools to implement the gender mainstreaming concept in child and youth assistance.
The following can be named as further examples of pilot projects from other departments:
• The Foreign Office will amongst other things examine the gender-specific starting conditions and impact of measures in the field of humanitarian assistance and will include the gender aspect as an item in its examination of the work of its legal department. A guideline for the introduction of the "gender-specific impact" examination criterion has already been drafted. The item "Gender Issues in Crisis Situations" has been integrated in the preparatory courses for civil peace staff. The gender perspective is also taken into account in deploying funds from the multilateral health fund, as well as in the 'International Communication Technology Task Force'. Further pilot projects within the Foreign Office include a project from the Global Issues department on gender-sensitive design of humanitarian assistance work, collating the state of implementation of gender mainstreaming within the EU, revising the internal assessment guidelines from the point of view of gender mainstreaming aspects and including gender mainstreaming in basic and further training (meaning staff training). In the near future, a project will also be launched which examines gender-specific differences in the work of the protocol department as work which has a strong effect on third parties.
• The Federal Ministry of Education and Research, with its "New Media in Education" programme, will integrate the new media permanently and on a broad basis as a teaching, learning and work aid in basic and further training and with the pilot project will push forward the development of educational software for schools, vocational basic and further training and institutions of higher education from a gender point of view.
• The Federal Ministry of Finance has initiated a pilot project entitled "Family promotion and gender mainstreaming".
• The Federal Ministry for Health will be using the gender mainstreaming approach for its conception of prevention measures in healthcare for children and young people.
• In the framework of its pilot project, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety has developed and implemented a gender impact assessment for the reform of the law on radiation protection, in particular the Radiation Protection Ordinance. The checklist developed for this examination procedure and geared to the specific needs of the basic law on radiation protection was then generalised and is in future to apply to all measures in the field of environmental policy, and to legislative procedures in particular.
• The Federal Ministry of Transport, Building and Housing will try the gender mainstreaming approach in the Federation-Länder programme entitled "The Social City". Here, the differing interests and needs of women and men in the field of urban development and building are to be contributed.
The first results and tools are already available from the pilot projects which are still to be adopted in this legislative period, such as a handout on the implementation of gender mainstreaming in research projects, as well as a working aid on the implementation of gender mainstreaming in legislation.
The agreed awareness-creation and further training measures to implement gender mainstreaming in the Federal administration have also been commenced. As practical experience grows, the first results of the work, checklists and handouts, are to flow into the additional further training courses so as to increase the ability of staff at working level to work efficiently and to provide practical assistance.
As a first measure in public relations work, in April 2002 an Internet appearance of the Federal Government was designed and released under the management of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in cooperation with the other departments involved (at www.gender-mainstreaming.net). There, in a comprehensible and playful way, the strategy of gender mainstreaming is introduced and explained. The implementation strategy and the practical steps of the Federal Government are illustrated; by using links on their Websites, the departments can present their pilot projects and other activities in a manner which attracts public attention. An accompanying brochure was also published on 1 July 2002.
8. Women in special situations
8.1 Women with disabilities
The Federal Statistical Office records 3,136,008 seriously disabled women for 1999. These women frequently complain that traditional role models, performance-orientated competition thinking, clichés and moral ideas affect them two-fold – both as disabled persons and as women.
8.1.1 Changing policy on disabled persons
In October 1998, the Federal Government set itself the goal of following new paths in the policy on disabled persons and undertaking all the efforts possible to promote self-determination and equal social participation for disabled persons and giving application to the ban on discrimination for disabled persons entrenched in the Basic Law, "No one may be disadvantaged because of his disability".
Statutory measures have been taken which fulfil the right of people with disabilities to support and solidarity as a part of accepted and universal civil rights, as a precondition for the goal of enabling persons with a disability to live a self-determined life.
For disabled women, the change in the policy on disabled persons also entailed a large number of improvements aiming to support them in a wide variety of situations and to help them to participate better in working life.
8.1.2 Legal amendments
With a Ninth Book of the Social Code entitled "Rehabilitation and participation of disabled persons" (SGB IX) which has been in force since 1 July 2001, persons with and threatened by disabilities will be enabled to determine their own concerns largely themselves and on their own responsibility. In doing so, by virtue of the special benefits for medical rehabilitation and for participation in working life and the life of society they will be provided with the support and solidarity that they require in order to avoid, compensate for or overcome disability in order to reach equal participation in society.
It is the first Federal statute which, in the process of gender mainstreaming, takes account of the double effect suffered by women. With this Act, regulations were created which improve the participation of women in measures of vocational rehabilitation. It is a matter of ensuring equal opportunities for disabled girls and women in vocational rehabilitation and in working life, including by facilitating part-time working, and in particular by the vocational goals, including part-time working offerings that are suitable, close at hand and practicable in the framework of the benefits for participation in working life. Their situation is not only to be improved by compensating for disadvantages, but equal participation should be created in life within society and in working life.
The many initiatives and activities of this Act which are intended to create as permanent as possible integration into working life also benefit women with serious disabilities. The Federal Employment Service organises time-limited national and regional labour market programmes to reduce unemployment among persons with serious disabilities, special groups of persons with serious disabilities, in particular seriously disabled women, and to promote the offering of training places for serious disabled persons. The specialist integration services working as new tools of labour market policy have the task of taking account of the special needs of seriously disabled women by distinguishing among the specialist integration services.
Considerable significance also attaches to starting courses/offerings for girls and women suffering from or threatened by disabilities serving to strengthen self-awareness in the list of the supplementary benefits to medical rehabilitation and to participation in working life. The background to the introduction of this benefit is the realisation that such courses are among the most important prevention measures against sexual violence and harassment.
Furthermore, the obligation is anchored in the Ninth Book of the Social Code that private and public employers must have at least five percent of seriously disabled persons among their staff. Seriously disabled women are to receive particular consideration here. There is also the obligation incumbent on the employer to conclude with the seriously disabled persons' representation in cooperation with the agent of the employer a binding integration agreement containing regulations on staff planning, workplace design, design of the working environment, work organisation and working hours, which benefits seriously disabled women. For instance, special regulations are provided in personnel planning to employ a suitable proportion of seriously disabled women. Furthermore, employers are obliged to promote the establishment of part-time jobs. The employers are supported here by the integration offices – the new name of the former Main Welfare Agencies makes their task clear. Persons with a serious disability have a right to part-time employment if the shorter working hours are necessary because of the nature or gravity of the disability.
By means of this Act, the strengthening of the rights of seriously disabled women and their special representations of interest is also given special attention in several areas.
The duties to report provided for in the Ninth Book of the Social Code will be carried out in future in a gender-specific manner. For instance, the Federal Government has to inform the legislative bodies of the Federation by the end of 2004 on the situation of disabled women and men. In addition, Federal statistics on seriously disabled persons are kept in a gender-specific manner. Furthermore, the rehabilitation organisations must explain in a report on their experience with the establishment of the joint agencies which proportions of jobs are occupied by seriously disabled women. Finally, the list of employers on the seriously disabled persons they employ and the disabled persons with the same status is kept in a gender-specific manner. This means that it will be easier in future to make well-founded statements on the social situation of disabled women.
Also in the new Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation (Federal Equal Opportunities Act) a regulation was introduced that takes account of the double effect suffered by disabled women: Similar to the wording of section 1 second sentence of the Ninth Book of the Social Code it is the declared aim of the Federal Equal Opportunities Act to take account of the special concerns of women with disabilities and women at risk of disability in the Federal service in measures to advance women, as well as measures for better reconciliation of family and work.
Furthermore, the Act on Equal Opportunities for Disabled Persons (Gesetz zur Gleichstellung behinderter Menschen - BGG) entered into force on 1 May 2002. Whilst the Ninth Book of the Social Code governs the concerns of disabled persons as to the world of work, the Act on Equal Opportunities for Disabled Persons aims to open up to disabled persons possibilities for self-determination and equal participation in all other areas of public and social life. To enforce equal rights for women and men, the special concerns of disabled women are to be taken into account and existing discrimination eliminated (section 2 BGG Disabled women). Furthermore, it is made clear that special measures are permissible here to promote the de facto enforcement of equal rights for disabled women and to eliminate existing discrimination.
8.1.3 Promotion of projects
Separate projects have been and are being organised for the target group of disabled girls and women.
• In order to ascertain the situation of disabled women, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth commissioned in 1996 a survey entitled "Situation of women with disabilities – Asserting life and interests: LIVE". The research project worked out results on the current situation of women with disabilities, the objective and subjective need for support and improvement of the situation, the difficulties and possibilities of the political representation of interests. This project was concluded in the "LIVE – Asserting life and interests – women with disabilities" symposium, which was organised from 5 to 7 May 1999 in Freiburg.
• The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in 1999 commissioned the project "Federal organisation body for disabled women" (organised by: bifos e.V.) with the aim in mind to go into more detail in investigating the situation of disabled women, to analyse the specific need for change in various areas of life and to help improve the situation. In addition to surveys on various problems, up-to-date information was provided for disabled women regarding initiatives and projects, such as advice agencies, women's refuges, self-defence courses, possibilities for vocational rehabilitation and national specialist conferences organised on selected topics.
• In 1999 the four-year pilot project started entitled "Dealing with sexual self-determination and sexual violence in housing facilities for young people with mental disability". It is focused on mentally disabled women in homes. The goal of this project is the development and trial of a (sexual) pedagogical curriculum on questions of sexual self-determination and sexual violence in facilities for young people with a mental disability. The action approaches or handouts to be drafted target carers, governors and the inhabitants with a mental disability. All participants are hence to gain the competence to recognise where limits have been exceeded in everyday life and to prevent attacks, or if such have taken place to take the required, appropriate measures.
• In the context of the legal project "The situation of women with disabilities in social and vocational rehabilitation – obstacles and preconditions in the current legal situation" the Federal Organisation Agency of Disabled Women carried out a variety of surveys to ascertain the situation, including a survey on the situation of disabled women in the vocational promotion and vocational training works, a survey among providers and trainers of/for self-assertion and self-defence courses for girls and women, a survey on gender-specific assistance/care for women with a disability and a survey on the aids and assistance available to mothers with physical and/or sensory disabilities.
8.2. Women in old age
8.2.1 The situation
In the years and decades to come, the demographic development in Germany will lead to broad changes in the population structure, and hence also to the social and individual living conditions. Whilst the proportion of the under-15s among the population is falling, the proportion of the over 65-years-old is undergoing considerable growth. At the end of 2000, the 82.2 million inhabitants of the Federal Republic of Germany included roughly 8.4 million women and 5.3 million men of 65 and older; together, these account for 16.6% of the population (cf. table 1 in the Appendix). The number of the very old, at 90 and older, has risen from 20,000 in 1950 to roughly 466,000 residents of Germany in 1998. According to model calculations of the Federal Statistical Office, the proportion of the population over 65 will increase to roughly 30% by 2040.
Life expectancy in Germany is continuing to increase. The average life expectancy for a new-born boy is 74.4 years, for a new-born girl 80.6 years. However, the life expectancy of older people has also increased. Thus, according to the current deaths table for 1997/1999, a 60-year-old man may on average expect to live another 19 years, as against 18.7 years according to the old death table. For a woman of the same age, another 23.3 years of life emerge as against the previous figure of 23.1 years.
The high proportion of women as against the elderly generation is on the one hand the consequence of two World Wars, and on the other of the higher life expectancy of women.
8.2.2 Equality policy goals for elderly women
One goal of equality policy in the Federal Republic of Germany is to strengthen elderly women's self-esteem, to encourage them to understand age as a new phase in life in which they can make their interests come true and help shape their environment. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth supports individual senior citizens' organisations, including the "National Network of Elderly Women", which issued from the "Women in old age" working party to prepare the 4th World Conference on Women and was founded by women from the age of 45. The goals are to build up networks in all Federal Länder, to exert an influence on policy for elderly women, to avoid isolation through activities and commitment and to achieve cooperation with all institutions involved in work with women and the elderly, which is to be implemented by contacts with and via initiatives for elderly women. Furthermore, the establishment of regional networks is to be supported, joint projects implemented and cooperation at national and international level striven for.
8.2.3 Social security for elderly women
In the past decades, the situation of women in view of the relationship between work in the family and gainful employment has changed. Many women are employed, particularly on a part-time basis, and also while bringing up children. The further increase in gainful employment of women will improve the level of their own pension expectancies, but this is insufficient in many cases to guarantee an independent pension without derived elements.
Women's income in old age is composed today largely of:
• own pension expectancies (average in the West € 458, in the East € 620)
• surviving dependant's pension (average: in the West € 536, in the East € 524)
• additional pension (company and private).
Women's independent pensions are still insufficient. The following reasons are important for this:
• The classical old-age pension is acquired via the statutory pensions insurance where the amount of the pension emerges from the contributions, dependent in turn on income, and on the duration of gainful employment. An old-age pension related to gainful employment is structurally unfavourable for women since they frequently interrupt or completely end their gainful employment, take on part-time employment or enter into insignificant employment that is free of insurance.
• In addition, the derived surviving dependant's pension is no longer a reliable old-age pension for women in light of the increasing divorce figures.
• A company pension only insufficiently insures women because they are largely only offered by large enterprises and are linked to the duration of being in the enterprise.
This is being countered with the new regulations on the pension reform, which entered into force in 2001, and an incentive for quick entering into/resumption of gainful employment after childcare time (three years for each child brought up) has been created, as well as in addition to childcare times also the low wages subsequently earned by women in the phase of bringing up children (e.g. caused by part-time working) have been upgraded in terms of the law on pensions. Furthermore, equalisation for women is created who are not even able to take up part-time work because of bringing up at least two children.
The pension expectancies of persons bringing up children who are in gainful employment during the first ten years of their child's life but primarily exercise this employment in the shape of part-time working because of bringing up the children, and who hence earn less than average, are increased in value in calculating their pensions in accordance with the principles of the so-called pension in accordance with the minimum income. Here, the individual income is increased by 50% to a maximum of 100% of the average income if a total of 25 years are available with pension law times. This creates an incentive to keep gaps in the insurance biography caused by bringing up children as short as possible and to at least enter into part-time employment soon after the childcare time.
This advantage also benefits bringing up persons who because of the care of a child in need of long-term care in many cases do not take up gainful employment. Here, too, the obligatory contribution period to be recognised for the carer in calculating the pension is increased in value by 50% but up to a maximum of the value emerging from 100% of the average income – until the child in need of long-term care reaches the age of 18.
A pension credit of income points is granted as compensation after the time of bringing up children ends (in other words when the child has reached the age of four) until the child turns ten, because of simultaneously bringing up two or more children, to persons who are generally unable to take up part-time employment, and for that reason do not receive a higher evaluation of contribution times. This credit as a rule corresponds to the maximum promotion with the child-related higher valuation of contribution times for persons bringing up children who are in gainful employment (in other words one-third of an income point per year).
8.2.4 Elderly female migrants in Germany
The group of elderly female migrants in Germany will require greater attention in future. As with the German population, the life expectancy of foreign women is much higher than that of men. According to the Sixth Family Report of the Federal Government, the surplus of men among the foreign population changes to a surplus of women from roughly the age of 70. Since the seventies, the proportion of the over 65s as against the total population has more than tripled from 0.7% to 2.5%. Whilst in the past elderly migrants and widows in particular mostly returned to their home countries, they now spend their twilight years in Germany because of the formation of larger family networks. Only roughly 25% of female migrants live alone in old age, this proportion being lower than with the German population.
Elderly migrants face a cumulation of risks. For instance, more than half of female Turks of the first generation of immigrants have no school-leaving qualification, and 40% never went to school at all. 60% of them work in unskilled and semi-skilled occupations, with the consequence that a large number of them rely on social assistance in old age. A further problem is the poorer state of the health of foreign senior citizens in comparison to German senior citizens. Against the background that this group of persons is to be allocated to the groups who are further from education, and that the language of communication in most cases is still the mother tongue, there are also considerable communication problems, in particular causing difficulties with medical treatment.
8.3 Female asylum-seekers in Germany
In 2001, 88,287 persons applied for asylum in Germany, of whom 30% were girls and women. Most asylum-seekers in 2001 came from Iraq, Turkey and the former Yugoslavia. In the European comparison, Germany ranked second in the number of asylum applications received, with 88,287, after the United Kingdom with 88,300 and before France with 47,260.
The general administrative provision to the Aliens Act entered into force on 7 October 2000. The explanations relating to section 53 of the Aliens Act take greater account than was previously the case also of female-specific reasons for flight. In particular, gender-specific violations of legal interests, such as systematic rapes or other serious forms of sexual violence, are expressly mentioned.
When women are interviewed who claim gender-specific persecution, in addition to specially trained deciders, interpreters are now also used who have attended an appropriate psychological training course. The courses for the interpreters focus on the following:
• the sociocultural and gender-specific aspects of escape and traumatisation,
• the special situation of traumatised people and the analysis and evaluation of the role of interpreters during an interview in sensitive cases.
The foreign-language leaflet handed out when an asylum application is made "Important notice, – Notification for first/consequential applicants on the duties to cooperate and general procedural information" – has been added to. Female asylum-seekers are already informed on filing their applications that in any case a female decider is available where needed for the interview, and that the Federal Office also offers specialised female deciders for the area of gender-specific persecution.
On 26 April 2001 a specialist conference on the topic of "Traumatised refugees, psychopathology and the need to act; Practical experience and scientific basis in diagnosis and treatment" took place at the Federal Office for the Recognition of Foreign Refugees in Nuremberg.
Part: II: The provisions of the Convention and their implementation in the Federal Republic of Germany
Part II describes the measures undertaken to implement the provisions of the Convention which have been taken since 1998. In other respects, reference is made to the existing CEDAW National Reports.
1. Article 1: Definition of "discrimination"
Article 1
For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
In the Federal Republic of Germany, equality of men and women is guaranteed by the Constitution as a basic right (Art. 3 para. 2 of the Basic Law): "Men and women have equal rights." The state promotes the implementation of de facto equality for women and men and works towards the elimination of existing disadvantages.
In addition, Art. 3 para. 3 of the Basic Law states: "No one may be prejudiced or favoured because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his religious or political opinions. No one may be prejudiced because of his disability."
The definition of the term "discrimination against women", as given in Art. 1 of the CEDAW Convention, reflects the general background on which the German legal system and the specific regulations in the individual legal spheres are based. Legislators, the executive power and the judiciary are bound by this basic right as directly applicable law. Every woman and every man whose right is violated has access to the courts of law. Public law disputes, particularly those concerning discriminatory actions on the part of the administrative authorities, are handled by the administrative courts, or by the social security tribunals and fiscal courts sitting as specialised courts. The labour courts afford legal protection against unjustified unequal treatment in working life. Finally, a woman or man who has been affected can also lodge a complaint of unconstitutionality to the Federal Constitutional Court, asserting that her or his basic right to enjoy equal rights has been violated by a law or by some other sovereign act. However, special rules of procedure have to be observed in this context.
2. Article 2: Parliamentary measures for the elimination of discrimination against women
Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake,
a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;
f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
g) To repeal all national penal provisions which constitute discrimination against women.
2.1 The Constitution
Reference is made here to the amendment of the Basic Law which was dealt with in the Introduction and re paras. 3 and 17 of the Consideration of Reports.
2.2 Act on Equality and Act on the Advancement of Women
The following additions can be made to update the previous Report:
The new Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation, which was described in detail in Part I 2.5, has been in force since 5 December 2001. The following provisions can be added here on the elimination and prevention of discrimination:
In order to avoid wherever possible legal disputes as to whether specific provisions or actions constitute direct or indirect discrimination against women, clarifying legal definitions were included in section 4 subsection 7 of the Federal Equal Opportunities Act for the Public Service of the Federation. They correspond to European Community law. Accordingly, direct discrimination is present if women and men are treated differently in an agreement or measure because of their genders, without compelling reasons, unless the agreement or measure is based on the nature of the activity to be carried out and a specific gender is an indispensable precondition for this work. Indirect discrimination against women is present if provisions, criteria or procedures appearing to be neutral discriminate against much higher proportions of women unless the provisions, criteria or procedures are appropriate and necessary and are justified by reasons not related to gender.
Section 9 subsection 2 of the Federal Equal Opportunities Act, in harmony with the caselaw of the European Court of Justice, bans taking account of specific selection criteria that are indirectly discriminatory towards women in personnel and organisational decisions. For instance, interruptions in gainful employment, short active service or low number of years in employment, reductions in working hours or delays in completing individual courses of training because of meeting family duties, including the income situation of the spouse, of the life partner, of the companion, as well as time burdens caused by caring for children or relatives in need of long-term care and the intention to avail oneself of the possibility of reducing one's workload, may not be taken into account in selection decisions.
2.3 Act Amending the Act on Assistance for Pregnant Women and Families
The following additions can be made to update the previous Report:
Since November 1999 there has been with the approval of the Mifegyne preparation as a medicine the possibility to implement an abortion also in the early phase of pregnancy with a medicine as an alternative to abortion by means of surgery. Nothing has changed as to the legal preconditions and the prescribed procedure (advice procedure) which women must undergo if abortion is to be carried out by means of a medicine rather than by undergoing surgery.
It is still the case that pregnancy terminations (abortions) are fundamentally punishable for all those involved accordance with section 218 of the Criminal Code (Strafgesetzbuch – StGB), the exceptions listed in the last Report continuing to apply.
2.4 Other laws
Other laws for the advancement of women and to improve equal rights and eliminate discrimination against women are described in the following Articles and/or in Part I. A list of all laws relating to women's issues can be found in Appendix II.
3. Article 3: Measures for promoting and safeguarding the full development of women
Article 3
States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
The measures applying here are those of the Federation and the Länder which are appropriately listed in Part I of the Report and in Appendix II.
In other respects, the information provided on this in the last Report continues to apply.
4. Article 4: Special measures in accordance with Article 4
Article 4
(1) Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
(2) Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
Most of the measures listed in Appendix II can be regarded as special measures as defined by Art. 4 of the Convention. The addition to the Basic Law, the Equal Rights Acts, the Act on the Advancement of Women, research projects and measures for the advancement of women, for instance on the labour market, in politics and in the public service, all serve this purpose. Some of these have already been dealt with in the previous Report, either under the respective Articles or in the general section.
In a similar way to modern statutes of the Länder for the advancement of women to attain equality, which have been confirmed by the European Court of Justice, the new Federal Equal Opportunities Act also contains provisions for discrimination-free access of women to interviews and selection procedures, to the permissible discrimination-free content of interviews, to the quota related to individual cases in staff selection decisions, and to further quotas in the case of invitations to selection talks, selection committees and in the equality plan, to qualification determinations, as well as to non-permissible, indirectly discriminating criteria with staff selection decisions which are to be regarded as special measures within the meaning of Article 4 of the Convention.
The same applies to the new provisions for equality plans in the Federal Equal Opportunities Act. The equality plans are being developed to become effective tools of modern staff planning and development – and this not only in times of employment growth. When jobs are being cut, the equality plans must provide that the proportion of women at least remains the same. The duration of application of the equality plans and the adjustment intervals are being extended in order to reduce unnecessary bureaucracy involved in "equality controlling" within the administration.
5. Article 5: Elimination of stereotyped roles and promotion of the common responsibility of women and men for the upbringing and development of their children
Article 5
States Parties shall take all appropriate measures
a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
The following additions can be made to update the previous Report:
5.1 Reconciliation of family and work
The reform of the Federal Act on Child-raising benefit, which entered into force on 1 January 2001, makes a major contribution towards improving the reconciliation of family and work. The new provisions give parents more possibilities in planning the division of tasks within the family and create more flexible transitions between family and work. Furthermore, the Act on Part-Time Working and Fixed-Term Employment Contracts which entered into force on 1 January 2001 gives employees of companies with more than 15 staff a legal right to reduction of the weekly working hours if no operational reasons exist opposing this. Hence, parents with older children are also enabled to reconcile work and family.
For the public service of the Federation, Part 3 of the new Federal Equal Opportunities Act contains provisions going even further to make it easier to reconcile family and work as permitted by internal considerations, namely the obligation to offer part-time jobs or special working hour models, such as a sabbatical year or a working hour account. Requests for part-time working may only be rejected if "compelling" operational concerns counter them. In its model role as a public employer, the Federation is also complying with these special provisions for its own public service.
5.2 New image of fatherhood
In the context of these reforms, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth initiated a campaign entitled "More scope for fathers". This communication offensive supports men who wish to take more time for their families and provides information on the statutory regulations regarding the reconciliation of family and work. Together with enterprises which support fathers in their increased commitment within the family, publicity is carried out to create a new image of men and fathers in our society. In order to place the measures and processes that have been initiated in the campaign on a permanent footing, a three-year advice project is currently being implemented with enterprises, associations and local authorities to implement family-friendly measures, and father-friendly measures in particular.
A major contribution towards the discussion on role distribution in families is provided by the recently concluded study entitled "The role of the father in the family" which investigated the father's role in the development process of families. The study demonstrates the influence of early socialisation experience, gender role orientations, schooling and the quality of one's own partnership on differing ideas of fatherhood.
5.3 Combat violence against women
The following additions can be made to update the previous Report:
Only the estimates named in the Fourth Report are available to suggest the extent of violence against women. In order to obtain precise data on the extent of violence against women, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth commissioned a representative survey in March 2002.
5.3.1 Plan of Action of the Federal Government
On 1 December 1999, the Federal Cabinet adopted the Plan of Action of the Federal Government to combat violence against women. This Plan provides for the first time a comprehensive overall concept concerned with structural changes for all levels of the campaign for the combat of violence.
Such an overall concept of necessity not only includes the competences of various Federal departments, but also areas of competence of the Länder and local authorities. Therefore its implementation is dependent on close cooperation between the respective competent Federal Ministries, and also on targeted cooperation between the Federation and the Länder which had previously not existed in this shape in combating violence against women in Germany.
In order to monitor the implementation of the Plan of Action – in addition to the existing national working party on the combat of trafficking in women – the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth established on 12 April 2000 a Federation-Länder working party to combat domestic violence against women, in which not only the competent Federal and Land Ministries, but also local authorities, non-governmental organisations and in particular women's refuges are represented. This working party has met since then on a quarterly basis.
The Plan of Action covers the fields of prevention, legislation by the Federation, cooperation and networking, work with offenders, awareness-development measures and international cooperation.
Overall social prevention as understood by the Plan of Action covers all suitable measures intended to:
• create an atmosphere within society in which violence against women is disapproved of,
- This disapproval includes women having to be effectively protected against male violence and the offenders having to expect the state to react. -
• remedy the imbalance between men and women and create equality in all areas of life,
• break the circle of violence which can span several generations.
5.3.2 Legislative measures
Particular significance attaches to legislative measures. The protection of women by the law must be offered by all fields of law: criminal law, civil law and public law. The goal is to put an end to violence against women and to guarantee their safety.
The Federal Government takes the view that both offenders of domestic violence and offenders who commit their offences in "public" are to be prosecuted and must expect, all state sanctions. Domestic violence against women is not a family matter into which the state may not intrude.
The Federal Government considers its focus in legislative measures to lie currently in civil law. The "Act to Improve Civil Court Protection against Acts of Violence and Unwelcome Advances as well as to Facilitate the Allocation of the Marital Dwelling in the event of Separation" (Gesetz zur Verbesserung des zivilgerichtlichen Schutzes bei Gewalttaten und Nachstellungen sowie zur Erleichterung der Überlassung der Ehewohnung bei Trennung) entered into force on 1 January 2002. It creates a clear legal basis for ordering civil court protection, such as bans on contact, approaching and harassing with intentional and unlawful violations of the body, health or freedom of a person, including threatening such violations. Furthermore, it contains the basis for a claim for the – at least temporary – allocation of a jointly used dwelling if the person violated had a long-term joint household together with the offender. The relevant procedural and enforcement law has been revised to ensure that the victims in question can obtain justice quickly and easily.
The Act is accompanied by public relations activities carried out by the Federal Government which were developed in the Federation-Länder working party to combat domestic violence against women. This includes, amongst other things, standards for further training of all groups of occupations concerned, describing the necessary framework conditions to implement the Act, model applications, leaflets and the like.
In connection with this Act, the Federal Länder are currently examining whether and if so how police law and police protection measures can support and accompany civil law legal protection. Bremen, Hamburg, North Rhine-Westphalia and Mecklenburg-Western Pomerania have already reformed their police statutes, while Baden-Württemberg and Berlin have announced their intention to reform their police and administrative law.
Protection against domestic violence by means of the Act to Protect against Violence (Gewaltschutzgesetz) is supplemented by the Act to further Improve Children's Rights (Act to Improve Children's Rights - Kinderrechteverbesserungsgesetz) which has been in force since 12 April 2002. This Act made it expressly clear that a person may also be removed from a dwelling lived in by a child (or from the close vicinity of the child) if they commit violent acts against this child. Such violent acts against a child are frequently also felt by the mother as psychological violence and serve amongst other things also to intimidate women. This supplement also made sense in order to protect mothers since it has now been made clear for family court practice that they can also use this removal with child abuse cases, since it creates a distance, and hence effectively prevents further violence.
The Act Reforming section 19 of the Aliens Act (Gesetz zur Neuregelung des § 19 Ausländergesetz) entered into force on 1 June 2000. This legal amendment improves the legal position of foreign spouses, and in particular of many women. In accordance with the new section 19 of the Aliens Act, on separation and dissolution of the marriage foreign spouses have an independent right to remain already after two (previously after four) years during which marital co-habitation existed on German territory. In the event of the death of the spouse, no periods are attached to the right of the spouse to remain; marital co-habitation must merely have existed for some period on German territory.
Equally, the hardship clause has been redesigned in accordance with which an independent right to remain may also be issued prior to expiration of the period stated. In accordance with the previously applicable version, it was not necessary for a return to the country of origin to be unacceptable for the foreign spouse after separation. Now, the spouse must be enabled to remain in order to avoid particular hardship.
The administrative provision to the Aliens Act, which entered into force on 7 October 2000, contains provisions both on gender-specific prosecution and on dealing with victims of trafficking in human beings. If specific facts or other indications suggest that a person obliged to exit is affected by trafficking in human beings, on principle a period of at least four weeks is to be set for voluntary exit. The persons in question may seek advice and assistance from special advice agencies.
With the 1999 Act to Entrench Settlements between Offenders and Victims in Criminal Law (Gesetz zur strafverfahrensrechtlichen Verankerung des Täter-Opfer-Ausgleichs) the public prosecution offices and courts are specifically given the task at each stage of the proceedings of examining a way to reach a settlement between the accused and the victim of a criminal offence (section 155a of the Code of Criminal Procedure [StPO]). The criminal justice system is not only to be able – as was already possible – to reward a successful settlement between offenders and victims or compensation for damage. Rather, in the interest of reaching a settlement between the accused and the victim, which creates legal peace, it should take the initiative to actively promote such a settlement in suitable cases. Depending on the individual case, a successfully implemented settlement between offenders and victims may lead to discontinuation of the proceedings. For instance, the list of conditions and instructions of section 153 a of the Code of Criminal Procedure was opened. Discontinuation of proceedings is possible on condition that the accused makes serious efforts to reach a settlement with the victim and thereby completely or largely makes good his/her offence or seeks to make it good (section 153 a subsection 1 No. 5 of the Code of Criminal Procedure).
The Act to Outlaw Violence in Education (Gesetz zur Ächtung der Gewalt in der Erziehung) entered into force on 3 November 2000. This affords the child a right to be brought up without violence of any sort, not only without mistreatment. It stresses even more strongly that violence cannot be justified by educational purposes.
This new provision not only strengthens the legal status of the child, but also achieves an alteration in awareness among parents without threatening the parents with criminal law sanctions. This legal amendment was necessary in order to counter the still widespread use of violence within families. Surveys prove that victims of parental violence are more likely to use violence themselves later. It must therefore be made as clear as possible that violence is not a suitable means of bringing up children.
The legal amendment was accompanied by the campaign of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth entitled "More respect for children". This measure served to call attention to the legal amendment, to draw the attention of parents and society to the paradigm change in education. Parents are to be supported in solving conflict situations, and situations in which the strain is too much, without resorting to violence, meaning also that they should be made familiar with alternatives. The campaign was launched on 19 September 2000 and was terminated at the end of 2001. It consisted of a multimedia umbrella and founding by practical projects and grass-roots activities.
With regard to the "Act to Protect Workers against Sexual Harassment at Work" a questionnaire was circulated and evaluated among the superior Federal authorities. It revealed that there are still shortcomings as to the implementation of the Act, in particular in the field of further training. Service agreements on the topic of sexual harassment are the exception. At the request of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, several Federal Länder have launched similar questionnaires in their Land administrations. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has commissioned research into legal facts in order to monitor the implementation of this Act in company practice, as well as by caselaw.
5.3.3 Measures accompanying legislation
Legal provisions by themselves are not sufficient. Rather, cooperation between the different authorities and the non-governmental assistance agencies involved must be added.
This kind of cooperation to effectively combat violence against women has no tradition in anti-violence work in Germany. It is only in the past few years that the need to cooperate has been increasingly recognised and that the willingness to be involved in such projects has also increased.
To improve cooperation between the various institutions and projects, the plan of action recommends the installation of intervention projects in line with the US model. Here, the various competent governmental and non-governmental departments work together on the basis of a joint concept with the declared goal of improving the protection of those concerned and of making offenders face their responsibility.
In Berlin and in Schleswig-Holstein the Federal Government is promoting such pilot projects at Land level. At the same time, it has commissioned academic assistance for all intervention projects and intervention agencies in Germany which also investigates the work with the perpetrators carried out in the context of the projects.
For effective lobby work favouring women at risk of and affected by violence, but also for better, faster transfer of information, as well as for more targeted deployment of resources (division of labour) it is helpful that offers to help are networked nationally. The increasing national networking of anti-violence projects is a new development in Germany which is enthusiastically greeted in the plan of action. The Federal Government is funding the networking agencies of the women's refuges, the emergency and advice agencies against trafficking in women and violence in the migration process. Furthermore, national networking meetings are being promoted.
The statutory provisions must be consistently applied in line with legislation. This is not possible without corresponding awareness-building on the part of the players. The plan of action expressly recommends the planning of further training for all vocational groups concerned at supra-disciplinary level, and also to consult female staff members from the advice field as speakers.
Such basic and further training, drafting guidelines/instructions as well as the use of special units are in the field of competence of the Länder and are already being carried out in many instances. Particular progress has been made here in the police area.
In the Federation-Länder working group to combat domestic violence against women, the corresponding experience is exchanged and successful models recommended for copying. This also includes drafting further training standards for all vocational groups concerned.
Currently, with the financial support of the Federal Government, female staff from the field of advice for women are being trained to be able to become speakers in the various further training measures.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has published a four-volume series of further training for female staff in women's refuges.
In order to create an awareness among individual vocational groups, the awareness-creation of the general public must be added. In this field, too, the Federal Government puts forward a series of measures in its plan of action, such as to improve the data situation by redesigning police criminal statistics and implementing a representative survey of violence against women. A special postage stamp on the topic of violence against women was issued and had a positive response.
The Federal Government is supporting the paradigm change which is underway in the field of work with offenders: Whereas the previous political measures almost exclusively focused on the women concerned, the conviction is becoming more common today that the way in which we deal with offenders must also change considerably: They must be convinced that what they did was wrong by means of consistent state intervention – both in criminal law and civil law terms.
Special offender courses are being tried and evaluated by researchers in intervention projects., A specialist international conference took place in Oldenburg on 5 December 2001 with the support of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth at which the various (European) concepts were discussed for such work with offenders.
5.3.4 Prevention and combat of sexual abuse of children and juveniles
Protection of children and juveniles against all forms of violence is highly significant for the Federal Government. In particular, and from the outset, it has made an active contribution towards the combat and prevention of commercial sexual exploitation of children at national and international level.
The measures shown below to prevent and combat sexual abuse unrestrictedly concern girls, who account for more than two-thirds of the victims.
Under the management of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, the Federal Government implemented the Declaration and the Plan of Action of the first World Congress against Commercial Sexual Exploitation of Children in July 1997 by submitting in Stockholm a Working Programme against Child Abuse, Child Pornography and Sex Tourism. It covered a national activity framework with measures for education and prevention, the legal field, international criminal prosecution and victim protection.
An interim report from March 1998 on intrastate implementation steps supplemented the Federal Government's Working Programme with additional future measures. In January 2001, this Report was extended once again by means of measures, in particular in the legal area, which had been implemented by December 2000.
In the run up to the second World Congress against Commercial Sexual Exploitation of Children held from 17 to 20 December 2001 in Yokohama/Japan, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth held the National Follow-up Conference entitled "Commercial sexual exploitation of children" in March 2001. Here, the stocktake of previous successes and shortcomings was dealt with in the fight against sexual abuse of children, and strategies were drafted for even more effective combat.
In November 2001, the Federal Government undertook an intensive commitment towards the "Multilateral conference organised by the Council of Europe" on the topic of "Protection of children against sexual exploitation" in Budapest. It submitted a report in which it presented the intra-state implementation of the Declaration and of the Plan of Action of the First World Congress. The Report contains a list of measures concentrating on education and prevention, legislation and international criminal prosecution and victim protection. The conference in Budapest ended with the acceptance of a Regional Plan of Action for Europe and Central Asia.
In the context of the second "World Congress against Commercial Sexual Exploitation of Children" held in December 2001 in Yokohama, it became clear that greater awareness creation concerning the problems of sexual exploitation of children has been achieved in recent years and that many measures have been taken. Nevertheless, further national and joint international measures are needed on prevention, victim protection and criminal prosecution in order to effectively combat the sexual exploitation of children. With the closing document, the "Yokohama Global Commitment 2001", the community of states once more confirms the goals and obligations of the first World Congress in 1996 in Stockholm and suggests the most important steps for the future to combat the world-wide problem of sexual exploitation of children.
Parallel to these national efforts, the Federal Government also increased its international cooperation and coordination in the fight against commercial sexual exploitation of children, in particular by means of closer cooperation with the destination countries of sex tourism with child abuse, improved internationally coordinated criminal prosecution and involvement in international action and information networks.
Germany has ratified ILO Convention No. 182 dated 17 June 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; the Act on the Convention is dated 11 October 2001.
The Federal Government has contributed intensively towards the drafting of the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, approved by the General Assembly of the United Nations on 25 May 2000. The Federal Republic of Germany signed this Optional Protocol as long ago as September 2000. Ratification and domestic implementation are in preparation.
The Council of the European Union adopted a Decision to combat child pornography on the Internet on 29 May 2000. This Decision aims to prevent and combat the production, processing, distribution and possession of child pornography on the Internet. It contains measures to promote effective prosecution and to improve prevention, but no substantive criminal provisions.
The Federal Republic of Germany was one of the first countries which signed in December 2000 the United Nations Convention against transnational organised crime and its Protocol to Prevent, Combat and Punish Trafficking in Persons, Especially Women and Children. Here, too, ratification and domestic implementation are in preparation.
The Federal Government in particular pushed forward the drafting of the Council of Europe's Convention on Cyber Crime. Germany signed this Convention at the end of 2001. It contains for one thing provisions for creating a common substantive criminal law minimum standard in the criminal law on computer and telecommunication crime, including a provision on the punishability of child pornography crimes committed using computer systems (offering, distributing, producing, possessing, etc., child pornography). Furthermore, it creates a common foundation for effective, fast criminal law investigation in computer systems and an improvement in international cooperation on relevant criminal matters.
The Federal Government is convinced that the signing and ratification of this international legal tool by as many states as possible (the Convention is also open for signing by non-members of the Council of Europe) will make it much easier to combat such crimes.
Furthermore, at the session held on 31 October 2001 the Council of Europe adopted the draft of a Recommendation of the Committee of Ministers to member States on the protection of children against sexual exploitation.
It should also be mentioned that in August 2002 in the European Union a framework decision on combating trafficking in human beings entered into force with which an approximation of the criminal provisions of the Member States is to be achieved. A Framework decision on combating the sexual exploitation of children is currently still being negotiated.
There has been encouraging progress in Germany in recent years in the fight against sexual abuse of children. Major legislative measures, especially in 1997 and 1998, led to further improvements in the criminal law protection of children against sexual exploitation. The Working Programme of the Stockholm World Congress also helped to set the stage for this movement. However, these legislative measures were also the continuation of a trend that had already been initiated in 1992 in the shape of the 26th Act to Amend Criminal Law (Strafrechtsänderungsgesetz) (sections 180b and 181 of the Criminal Code – Trafficking in human beings) and in 1993 with the 27th Act to Amend Criminal Law (Punishability of sexual abuse of children committed abroad irrespective of the law of the place of commission; punishability of the possession and the acquisition of child pornography).
The 6th Act to Amend Criminal Law dated 26.1.1998 further improved criminal law protection for children against violence, in particular sexual violence. For instance, the punishments which may be imposed for serious cases of sexual abuse of children and bodily harm were considerably tightened up. In particular, sexual abuse for purposes of the production and dissemination of a pornographic portrayal of children is a new offence introduced in the Criminal Code. Over and above this, criminal law protection against the removal of minors and against trafficking in children was improved.
The Act to Combat Sexual Crime and other Dangerous Criminal Offences (Gesetz zur Bekämpfung von Sexualdelikten und anderen gefährlichen Straftaten) which also entered into force in 1998 expands the area of application of the imposition of preventive detention to cover major crimes and certain criminal offences against sexual self-determination, as well as against physical integrity, and others. At the same time, the Act creates the absolute maximum of the placement duration, also with first placement in preventive detention. In view of the suspension of the remainder of a prison term on probation, the Act now expressly requires that the suspension occurs only if it can be justified taking account of the security interest of the public. The basis used by the courts to take such a decision has been improved by the fact that a report must be commissioned with particularly recidivist offenders. Furthermore, the Act contains improvements in the field of managerial supervision and provides for treatable sexual offenders' obligatory transfer to a social therapy facility after a transitional period from 1 January 2003.
With the reform of youth protection dated 14 June 2002 adopted by the German Federal Parliament, a supplementary criminal law provision for youth protection was also introduced against abusive portrayals of children and juveniles in an unnatural, gender-stressed physical stance. These portrayals hence count among the media posing a danger to youth which are required by force of law to be subjected to the distribution, sales and advertising restrictions contained in the Act.
On the basis of victimological knowledge, in 1994 criminal law lapse provisions were amended in favour of the victims of violent sexual acts. The lapse of specific criminal offences against sexual self-determination rests until the victim has reached the age of 18. The lapse periods of ten years in the case of child abuse and 20 years then running with sexual coercion and rape respectively give the victims sufficient time to initiate criminal prosecution.
Victim protection is also aided by the possibility introduced in the 1998 Victim Protection Act (Zeugenschutzgesetz) of using video technology in criminal proceedings. Stressful repeat questioning sessions or the frequently oppressive hearing atmosphere of the courtroom and the confrontation with the tormentor can be avoided. Improving the possibilities of accessory prosecution incidental to criminal proceedings as well as the provisions to appoint counsel for the witness for questioning or of council for the victim at the cost of the state for the proceedings leads to a further improvement in the rights of the victim.
The Act Introducing Reserved Preventive Detention (Gesetz zur Einführung der vorbehaltenen Sicherungsverwahrung), which entered into force on 28 August 2002, in particular further improves the protection of women and children against dangerous sexual offenders. The Act provides that the court handing down the ruling in certain cases may reserve placing in preventive detention, and that the final order only takes place if it is ascertained after some of the sentence has been served that the convict is dangerous.
The Federal Government's First Periodic Security Report reveals that after a rise in the number of sexually motivated offences until 1997 the numbers have fallen in total and have remained relatively constant in recent years. The increase until 1997 is presumably due to a rise in the willingness to file charges as public awareness increased. The police criminal statistics (PKS) of the Federal Criminal Police Office report a total of 15,117 cases of sexual abuse of children in 2001 (sections 176, 176a and 176b of the Criminal Code). This is a reduction of 3% as against the previous year. Furthermore, children in 1,014 cases (as against 1,009 cases in 2000) were affected by sexual abuse of charges, exploiting an official position or trust-based relationship (sections 174 and 174 a-c of the Criminal Code) as a victim.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth supports education and prevention work by supporting individual measures, as well as through financial support of central Federal organisations. In addition, in order to provide further training for specialists, many events, specialist congresses, conferences for specialists and working parties improving the exchange of experience and the further development of concepts on the topic of sexual abuse of children have been promoted. Examples which can be named here are:
• Publication of the brochures "Sexual abuse – Prevention and Help", "Sexual violence against children and juveniles – Who can help?", "Comic on education and prevention",
• Publication of the special letter to parents entitled "Making children strong for life – preventing sexual abuse",
• Promotion of the film project "I have the confidence to say YES and NO",
• Publication of the LoveLine CD-ROM - a multimedia education about love, partnership and sexuality for juveniles from the age of 14 – in which the topics of harassment, attacks, abuse and rape are discussed,
• Since 1998 the national expansion of the children and youth crisis telephone lines has been promoted for free, anonymous advice for children and juveniles, and since March 2001 also the establishment of telephone advice for parents,
• Since 1999 the project of the German Child Protection Centre "The Virtual Child Protection Centre – Interactive Assistance for Children and Parents" has been supported, which serves as an information, contact and advice level. The concept is linked to the work of the child protection centres. It is understood as a communicative, innovative approach making it simpler for children, juveniles and parents to find the path to assistance facilities,
• Media association – further training programme "Sexual child abuse – prevention and help". A video film entitled "Come on Anna!" with an accompanying book,
• The child protection fora of the Federal working party of child protection centres,
• Specialist congress, specialist meetings, expert meetings on the topics:
- "Child pornography, a product of the New Media?",
- "Child witnesses in emergency victim protection in cases of sexual abuse",
- "The offenders – differentiating instead of generalising",
- Course for parents "Violence prevention",
- "Quality assurance and sexual abuse of children",
- "Prevention projects for young parents",
- "The Internet – a field of action for child protection and youth assistance".
6. Article 6: Eradication of trafficking in women and forced prostitution
Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
The following additions can be made to update the previous Report, although it should be emphasised that the subjects of regulation described in the previous National Report are still applicable:
6.1 Measures for combating trafficking in children and women, child pornography and sex tourism
In the 2015 Programme of Action on Combating Poverty, which the Federal Government submitted in April 2001 as a result of the United Nations Millennium Declaration, it is confirmed that the causes of poverty also lie in the lack of equal rights between the genders. One of the activities which the programme provides for is to eliminate trafficking in women, forced prostitution and prostitution of children. In developing countries, the Federal Government wishes to offer children and women at risk special support to offer them improved chances in terms of employment and a future outlook.
The German Development Service for instance advises the COIN organisation in the Dominican Republic which educates women about the reality of emigration and helps them to look for alternative income. In order to support women who have already been affected, the Federal Ministry for Economic Cooperation and Development has so far contributed DM 1.48 million towards programmes of SOLWODI e.V. (Solidarity with Women in Distress). These programmes are to enable women from developing countries and South Eastern Europe on their return to their home countries to build up a secure life either by taking up dependent employment or by starting in self-employment. Furthermore, from the funds provided by the Programme of Action a project of the ILO and IPEC (International Programme on the Elimination of Child Labour) is being funded to prevent trafficking in children and juveniles in the Balkan region and in Ukraine.
The Federal Government attaches considerable significance to effective prosecution of trafficking in human beings, as well as of child pornography and sex tourism. It can be observed that these crimes – especially also on a cross-border basis – display a large number of facets, such as the addition of information technology as a "place of commission". It is virtually impossible to provide information on the numerical extent since the grey area in question is very large. In accordance with the police criminal statistics, in 2000 in Germany 1,197 victims of trafficking in human beings came to the notice of the police, of whom 1,174 were women.
A total of 926 persons (almost exclusively women) were registered in 2000 as victims of trafficking in human beings (section 180b and section 181 subsection 1 Nos. 2 and 3 of the Criminal Code). In 1999 there were a total of 831 (of whom 23 were men), in 1998 a total of 189 (of whom 16 were men). According to a survey carried out by the Federal Criminal Police Office (Situation Report 2000 on Trafficking in Human Beings) in 2000 81.5% of the victims came from the states of Central and Eastern Europe, including 115 from Ukraine (approx. 12.4%), 140 from Russia (approx. 15.1%) and 162 from Lithuania (approx. 17.5%).
In the context of the European Union, of the Council of Europe, the G 8 and the UN, as well as in many other international working parties and events, the Federal Government is working actively to oppose trafficking in children and women, child pornography and sex tourism. It can be observed that these topics have attracted increasing attention internationally in the past years, a trend which is supported by the Federal Government. For instance, the Foreign Office together with the OSCE on 15/16 October 2001 organised an international conference entitled "Europe against Trafficking in Human Beings" during which in particular, recommendations to improve victim protection were drafted.
Furthermore, the Federal Government played an active role in the negotiations on the Protocol to Prevent, Combat and Punish Trafficking in Persons, Especially Women and Children, as a supplement to the United Nations Convention against transnational organised crime, and signed the Protocol as long ago as December 2000. The preparations for the ratification procedure have been initiated.
Reference is made to the information provided at 5.3.4 concerning further international measures, such as the example of the framework decisions on combating trafficking in human beings and on combating the sexual exploitation of children and child pornography.
Further measures in the context of the EU included the drafting of an EU promotion and exchange programme for persons responsible for measures against trafficking in human beings and sexual exploitation of children, and the expansion of the field of work of EUROPOL to include trafficking in human beings.
The Federal Government reports annually on its activities to combat trafficking in women and children to the Secretary-General of the United Nations for his Report to the General Assembly. The Federal Government has the Reports of the UN Special Rapporteur on "Violence against Women" translated into German and published, and makes them available to all interested parties free of charge.
6.2 Establishment of the "Trafficking in women" working party
In light of the highly complex problems involved in trafficking in women, which relate to a variety of different policy areas, addressees and levels, the Federal Government established a national working party on trafficking in women in the spring of 1997 which meets on a roughly quarterly basis. Its members include the Federal Ministries involved in each case, the specialist conferences of Land Ministers, the Federal Criminal Police Office and non-governmental organisations.
The most important results of this working party are:
• to draft and publish information material for women in the countries of origin. The brochure appeared in 13 languages and is distributed via non-governmental organisations and the German embassies in situ.
• to contribute proposals for the administrative provisions in the Aliens Act which entered into force on 9 October 2000 concerned with dealing with victims of trafficking in human beings (for instance a minimum period of four weeks for executing deportation)
• to draft a cooperation model for a special victim protection scheme for women who cannot be or do not wish to be included in the witness protection programme. This cooperation concept has been sent to the conference of ministers of the interior to take a decision and has already been the basis for corresponding models within individual Federal Länder.
• The drafting of a handout for the authorities in accordance with the Act on Benefits for Asylum-Seekers (Asylbewerberleistungsgesetz) and for the social assistance organisations in competence for benefits in accordance with the Act on Benefits for Asylum-Seekers and the Federal Social Assistance Act (Bundessozialhilfegesetz) for victims of trafficking in human beings.
• The drafting of a recommendation for the Federal Länder for the area of application of the Victim Compensation Act (Opferentschädigungsgesetz) addressing victims of trafficking in human beings.
• Preliminary work for an ordinance of the Federal Ministry of Labour and Social Affairs to the Federal Employment Service on the admission of female foreign workers to the labour market in the framework of witness protection programmes in the Länder
• The implementation of special further training of the Federal Criminal Police Office in the field of the police, involving individual members of the working party.
6.3 Further measures in the fight against trafficking in women
More and more Federal Länder have established similar bodies under their responsibility to improve the prosecution of traffickers in human beings and to effectively protect and support the victims.
Other measures concerned with combating and trafficking in children and women include the annual situation reports of the Federal Criminal Police Office, which illustrate with different foci the situation in Germany and developments in this field of crime. Cooperation between the Federal Criminal Police Office and the police authorities in the Federal Länder has been improved by establishing a special working party. Furthermore, special basic and further training measures for officers dealing with trafficking in human beings are being implemented. Also cross-border cooperation between the Federal Criminal Police Office and the police authorities of the countries of origin is being continually expanded via Interpol and EUROPOL.
Women who come to Germany and apply for asylum here have in some cases different reasons for escaping than men. These specific reasons for escape of women are increasingly the subject of international discussion: In particular the international bodies in the fields of human rights, women's rights and matters concerned with refugees relate to gender-specific persecution and the degree to which the individual states grant to the women in question protection against such human rights violations (cf. on this also Part I 8.3 "Female asylum-seekers in Germany").
6.4 Investigation proceedings in respect of Germans for sexual abuse committed abroad
The last Report explained that German tourists who sexually abuse children abroad are to be held responsible under criminal law in Germany, even if the offence is not punishable in the country in which it was committed.
No precise information is available as to the total number of investigation proceedings pursued against Germans on allegations of having sexually abused children abroad.
A small amount of information was provided by a questionnaire carried out in two sections by the Federal Ministry of Justice (on 19 November 1996 and on 28 January 1998) among the Länder as to the proceedings pursued in their area of competence in respect of sexual abuse of foreign children by Germans abroad. The period of the questionnaire covered from October 1993 to January 1998, a total of four years and four months. For the second questionnaire (period from February 1997) however, data are not available from all Federal Länder.
An evaluation carried out by the Centre for Criminology in Wiesbaden of the proceedings described in these questionnaires shows the following picture:
A total of 51 sets of investigation proceedings were initiated in the period under investigation, whereby in one set of proceedings nothing was stated apart from the fact that the proceedings had been initiated. 59 persons were accused of having become punishable against 148 persons.
The countries of the scenes of the crime are (by number of sets of proceedings): Thailand (15), Czech Republic (7), the Philippines (5), Sri Lanka (5), Brazil (4), as well as in cases of one or two sets of proceedings Bulgaria, Cambodia, Canada, Kenya, Cuba, Madagascar, Mexico, Nepal, Nicaragua, Paraguay, Romania and South Africa.
33 (55.9%) accused persons were (initially) accused of the sexual abuse of children, in another 17 cases in conjunction with additional criminal offences (for instance production/dissemination of pornographic writings, sexual abuse of charges, grievous physical injury, sexual abuse of juveniles, rape). Sets of proceedings exclusively in respect of the sexual abuse of juveniles or charges were being pursued against four and two accused persons respectively. Only 2 (3.4%) cases were not primarily related to sexual abuse, but to the production/dissemination of pornographic writings, in each case in conjunction with the placement of children.
The current state of the proceedings at the time of the questionnaire shows that 13 (22%) accused persons had been convicted by January 1998, while the proceedings were discontinued in the case of 16 (27%) accused persons. With the majority of the accused persons, the proceedings at the time of the questionnaire were still continuing. Of the 13 convictions, 7 were carried out in Germany and 6 in the country in which the offence was committed. In the 7 convictions carried out in Germany, confessions were given in 3 cases. No information is available on this with regard to convictions carried out in the countries of the scene of the crime. The average sentences of the seven convictions in Germany is 2 years and 4 months and that of the six convictions in the country of the place the offence was committed 5 years and 9 months.
On the basis of the First Act to Improve the Position of the Injured Party in Criminal Proceedings (Victim Protection Act, 1987) and with the Act to Protect Witnesses in Questioning in Criminal Proceedings and to Improve Victim Protection (Gesetz zum Schutz von Zeugen bei Vernehmungen im Strafverfahren und zur Verbesserung des Opferschutzes), the Witness Protection Act, which entered into force on 1 December 1998, affords the interests of the victims of crime an even more central position in criminal proceedings.
These statutes improved the law of accessory prosecution incidental to criminal proceedings and the implementation of civil proceedings claims in criminal proceedings (adhesion proceedings). By means of the Witness Protection Act, the use of video technology was introduced into criminal proceedings. Stressful repeat questioning sessions or the frequently oppressive atmosphere of the courtroom and the confrontation with the tormentor can thus be avoided.
Finally, provision was made under certain preconditions to appoint counsel for the witness for questioning or council for the victim at the cost of the state for the duration of the proceedings.
The Worker Protection Act (Beschäftigtenschutzgesetz) should be mentioned outside criminal law by means of which all staff in the public service and in private industry are legally protected against sexual harassment at work. The Act obliges all employers to take the necessary protective measures without delay if a worker feels that they have been sexually harassed. This includes labour law and disciplinary consequences against offenders.
Furthermore, the protection of foreign women has been increased in the Aliens Act. (cf. at 5.3.2)
A special criminal provision for trafficking in human beings, in particular in women and children, as crimes against humanity in the framework of an extended or systematic attack against a civil population was created by means of the International Criminal Code which entered into force on 30 June 2002. The same applies to cases of forced prostitution and other criminal sexual offences in this context, which also were made subject to punishment on commission of the offence in the context of an international or domestic armed conflict as a war crime.
7. Article 7: Participation of women in political and public life
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right
a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.
The following additions can be made to update the previous Report:
As already described in the previous Report, the political and public rights of participation demanded in Art. 7 a - c of the Convention are fully extended to women. Nonetheless, there are a few fields of political and public life in which women are not adequately represented. However, a substantial improvement has been seen in recent years.
7.1 Federal Act on Appointment to Bodies (Bundesgremienbesetzungsgesetz)
In accordance with the 1994 Federal Act on Appointment to Bodies, the Federation and other parties concerned with procedures for appointments to bodies in accordance with this Act must strive towards a situation in which equal participation of women and men in bodies is created or maintained. Additionally, the Federal Act on Appointment to Bodies obliges the Federal Government in each legislative period to submit a report on the proportion of women in major bodies in the field of the Federation and on the secondment of women to major bodies outside the area of the Federation.
At the end of May 2002, the Federal Cabinet adopted the report entitled ("Third Report of the Federal Government on the proportion of women in major bodies in the area of influence of the Federation"). It proves on the key date of 30 June 2001 a slight increase in the proportion of women in the bodies in the area of influence of the Federation.
In comparison to the Second Bodies Report with the situation dated June 1997
• the average proportion of women in the main bodies in the area of influence of the Federation increased by 3.7 percent from 12.2% to 15.9%. In 2001 in 318 bodies of 7,794 persons there were 1,242 women, whereas in 1997 in 355 bodies among 8,639 persons there were only 1,058 women.
• the proportion of bodies with no female members fell from 28.7% to 21.4%,
• 10 bodies out of a total of 318 bodies have a proportion of women of 50 percent or more; this accounts for 3.1 percent, including amongst others the consumers committee with 75 percent, the trafficking in women working party with 68.8 percent and the National Advisory Council for the EU's "Youth for Europe" programme, at 50 percent.
The Federation has already acted in its direct area of influence and through its legislation to improve the framework for appointments to bodies in a manner that is balanced between the genders: The Federal Equal Opportunities Act for the Federal Service improved the opportunities for women to reach managerial positions. Hence, the opportunities to appoint more women to high-ranking bodies are better since bodies are mostly occupied with managerial staff. Furthermore, the rights of equality commissioners have been strengthened. Since December 2001 it has been necessary in making these appointments to consult the equality commissioners in the units of the Federation or specially established equality sections (section 9 subsection 2 of the Federal Equal Opportunities Act).
For the implementation of the goal embodied by the Act, there is also a need to consistently employ to the fullest extent the procedural regulations provided for in the Federal Act on Appointment to Bodies for appointments to bodies.
7.2 EU action programmes for the equality of women and men
In the context of the fourth Community Action Programme on equal opportunities for women and men (1996-2000), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth promoted by means of co-funding several German projects which contributed towards increasing the proportion of women in managerial positions:
Over a period of five years the women's computer centre in Berlin collated Europe wide data on the development of the proportion of women in decision-making positions in politics and in selected economic fields, such as banking and finance, information and communication technologies. The results were used by the EU Commission and the EU Member States to create a public awareness and to develop strategies for improvement.
The project of the German Youth Institute and Berlin Technical University (TU) focussed on mentoring programmes as a tool to promote women in decision-making positions. Whilst the German Youth Institute evaluated current mentoring programmes in the Member States of the European Union, Berlin Technical University implemented a female mentor programme in which experienced managerial personalities from the political and economic spheres gave young female managers an insight into their everyday working life. The "European Academy for Women in Politics and Economics Berlin" was founded in 1999 in the framework of this project, aiming to take new paths in promoting young female managers.
The participation of women in decision-making positions is also a focus of the following 5th EU programme of the "Action Programme on equal opportunities for women and men" (2001 – 2005). It serves to implement the "Community Framework Strategy on Gender Equality". The programme focuses thematically on matters concerned with equal pay (2001), the balanced participation of men and women in both family and professional life (2002), the balanced participation of women and men in the decision-making process (2003) and the changing gender roles and stereotypes (2004). Transnational projects are being implemented on these topics to analyse, create an awareness and develop skills for action at national and European level.
7.3 Commitment of women in the churches
Women are in the majority among active church members, and especially volunteers. In the Protestant churches efforts are underway to improve the position of women within the churches. In 17 out of 24 Land churches, as well as in the Evangelical Church in Germany (EKD) there are now full-time commissioners for the concerns of women, and four Land churches have equality statutes orientated in line with those of the public service. Plans for the advancement of women exist in roughly half the Land churches. Approximately 40% of synod members are women. Three women have been elected as bishops.
Among theologians in active service, however, only almost 25% are women and their presence in church management and in many bodies and commissions is growing only very slowly. The project entitled "Mentoring for women in the church" was launched at the start of 2002.
Female Catholics are increasingly also active in responsible positions of church life, in theology and church administration, and not only in the classic areas of social and educational work. Matters related to women have now also reached a higher status in internal bodies of the Catholic Church.
7.4 Women's organisations
Almost 15 million women are currently committed in women's associations, women's groups and initiatives. The German Women's Council is the largest umbrella organisation of women's associations. Its members include almost 60 member organisations (women's associations and women's groups of mixed organisations, as in 2002). Many of these are, in turn, umbrella organisations. The member organisations of the German Women's Council demonstrate the variety of the women's organisations in Germany. These include women's vocational associations, confessional women's organisations, women's organisations of the parties, women's trade union organisations and nationality-orientated women's associations. The German Women's Council combines the interests of its member organisations and contributes these to the political debate and decision-making processes.
7.5 Women in the media
As to the portrayal and treatment of issues related to women in the media, reference is made to the information provided with regard to sections 37 and 38 of the Consideration of Reports. It can be added to this that in the framework of the Global Monitoring project (GMMP 2000), the German Female Journalists Association has summarised the results of its survey in a brochure entitled "Who makes the News?". The brochure discusses the changes which have taken place in portraying women in newspapers, on the radio and television since the 4th World Conference on Women held in Beijing in 1995.
As to the frequency with which women are named on television, radio and in the printed media, only a slight increase from 17 % to 18 % can be observed since 1995. The most frequent occurrence is that of women in a role as a victim (18.7%). Before men they rank with 21% (men 5%) only if their civil status is mentioned. By contrast, women have caught up in their proportion among staff, especially on television. They are dominant in the age group between 20 and 34. The gender ratio is balanced between 35 and 40, but one still finds more men among the over-fifties.
8. Article 8: Participation of women at international level
Article 8
States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.
The Federal Government attaches considerable importance to informing women in particular about careers opportunities in international organisations – for instance by including the German Women's Council in general advertising measures for appointments to international situations. By these means, as well as through media contacts and interviews, potentially interested women for instance are given information at the preparatory seminars organised by the Foreign Office on selection competitions for careers at the Commission of the European Union. Also reference is made by these means to the so-called International Jobs Pool, a combination of all available current job advertisements of the international organisations. The efforts of the Federal Government to increase the proportion of women of German nationality at international level have borne fruit in the period under report. Further efforts will however remain necessary in order to achieve gender parity among the German nationals working at international level.
According to the "recruitment update" of the UN Secretariat dated 24 September 2001, of a total of 129 German employees in the UN Secretariat in the comparable administrative service 46 were women. This corresponds to a ratio of 35.66%. The equivalent proportion was 30.7% in 1996, and 29.7% in 1994.
In the highest positions of the UN Secretariat, i.e. at level D2 and higher, one woman can be found among four Germans (D2 position at DPA). If one takes a look at all career paths, there are 296 Germans working in the UN Secretariat, of whom 124 are women. This corresponds to a ratio of 41.89%.
At the Büro Führungskräfte zu Internationalen Organisationen (Bureau for International Organisations' Personnel - BFIO) in Bonn, a placement agency of the Federal Employment Service for applicants to international organisations, for the overall UN area, meaning the Secretariat plus relief organisations, specialised agencies, special organisations and autonomous organisations, a total of 870 German staff (including seconded experts, consultants and non-permanent staff) of the comparable administrative service are registered. Of these, 295 are female, corresponding to a ratio of 33.91%. The proportion of women at the World Bank group is similar: The BFIO has recorded 181 German workers, 64 of whom are women. The ratio is hence 35.36%.
In providing information and recruiting the German candidates for the EU selection procedures taking place this year, the Foreign Office referred in particular to the active policy of the European Commission to advance women, and above all encouraged women to apply for the challenging selection procedure. The quota of women is pleasingly high at the EU preparatory seminars organised by the Foreign Office: A total of 958 persons have taken part in the eight seminars organised to date, 41% of whom were women. 131 participants have registered for the remaining seminars in Hamburg, of whom 41.2% are women, while for Brussels there are 81 participants, of whom as many as 61.8% are women.
For the EU Commission the spread of German staff (as on October 2001) is as follows: In the salary grades A 1 – A 8 (comparable to the higher administrative service) 568 men and 108 women are employed, corresponding to a ratio of women of 15.98%. There are no women employed in the top A 1 and A 2 positions. Three female staff have reached the A 3 position. By way of comparison of the numbers among men: nine have reached the A 1 position, 23 the A 2 position and 61 the A 3 position.
In the B salary grades (roughly comparable to the administrative service) the quota of women among German staff is 52.94% (117 women and 104 men) and in the C category (roughly comparable to the intermediate service) 53.72% (375 women and 323 men).
When the new Commission was formed in 1999, new appointments were also made to the Cabinets of the Commissioners. Of the 18 German Cabinet members appointed at that time, ten are women.
The following further high-ranking nominations by the Federal Government in the EU area are to be mentioned:
– Commissioner Schreyer (1999)
– German judge at the European Court of Justice, Colneric (2000)
– German member of the European Court of Audit, von Wedel (since 1 January 2002)
8.3 Diplomatic service of the Federal Republic of Germany
In the entire Foreign Service of the Federal Republic, the proportion of women (as on 9 November 2001) was 41%; in the higher administrative service it was 19%. In managerial functions abroad it was 9.2% (comparable figure for 1997 7.6%; for 1995 5.2%). 6.5% of managerial functions at home on 9 November 2001 were occupied by women (no comparable figures). 42.5% of the new recruits for the higher administrative Foreign Service in 2001 were women (1999 25%, 1997 27%).
9. Article 9: Nationality of women and children
Article 9
(1) States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
(2) States Parties shall grant women equal rights with men with respect to the nationality of their children.
No change or addition to the last Report.
10. Article 10: Equal rights of women and men in the fields of education and sport
Article 10
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:
a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in preschool, general, technical, professional and higher technical education, as well as in all types of vocational training;
b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;
c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;
d) The same opportunities to benefit from scholarships and other study grants;
e) The same opportunities for access to programmes of continuing education including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;
f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;
g) The same opportunities to participate actively in sports and physical education;
h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.
As a supplement to the previous Report, reference is made to the development of the situation of women and girls in this sector, as described in Part I 3.2 and I. 3.3. The following additions can be made as an update:
10.1 Women and sport
In sport there are major differences between the genders. Women and girls prefer popular and leisure sports such as gymnastics, riding, tennis and dance, whilst boys and men tend towards team and competitive sports such as football, handball, basketball and light athletics. In 2000, 10.3 million of the members of the German Sports Association (DSB) were women. This corresponds to a proportion of 38.6%.
Although the proportion of women in sports clubs is almost 40%, the decision-making bodies largely involve men, both in the voluntary and in the professional field. Barely 25% of the functions in sports clubs are held by women. Among club chairpersons, the proportion of women is only almost 9%. The reasons include amongst others the reserve of women as regards working in traditional organisations with male-dominated structures.
In order to support the Land sport associations, the central associations and other sports bodies in implementing gender mainstreaming and in their goal of increasing the proportion of women in the management bodies within sport, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth initiated the model project entitled "Women at the top" in cooperation with the National Olympic Committee. With this project three problematic areas – women in managerial positions of sport, voluntary offices or civil commitment in sport, social dynamics of sport – are being researched, synergetic effects created, competences and experiences of women used in order to reduce the lack of managerial staff and to facilitate for women equal access to influence and co-determination in sport. Hence, with the associations an overall foundation is created for promising, long-term measures to advance women, and hence to develop sport as a whole still further.
The topic "Women to the top in sport" created a vibrant thread throughout the programme of the 5th European Women and Sport Conference "Women, Sport and Innovation" which took place in Berlin from 19 to 21 April 2002.
In this context the project "Come on girls, let's play basketball" is particularly significant. It encouraged girls in schools and clubs in 1999 and 2000 to establish new basketball teams or to joint existing teams. The project of the German Basketball Federation (DBB) and the Women's Federal Basketball League (DBBL) was supported by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and for the first time addressed girls in particular to motivate them to enter into a commitment in sports previously dominated by boys. In this project the concept and trial of training, game and event forms that are geared to girls were investigated to make them transferable to other sports.
10.2 Family planning education and advice
Since 1992 the Federal Centre for Health Education has had by virtue of section 1 of the Act on Assistance for Pregnant Women and Families (SFHG) the statutory mandate to draft concepts, measures and media on sex education and family planning. The goal of these measures is primarily to avoid pregnancy conflicts.
The statutorily entrenched cooperation between the Federal Centre for Health Education in the themes of sexual research, family planning and contraception with the Federal Länder takes place in the competent Federation-Länder coordination circle.
One of the central tasks of the Federal Centre for Health Education is to develop target group-specific concepts for holistic sex education and family planning in the context of life planning. This takes place including approaches focussing on the promotion of communicative skills by means of information, motivation and increasing competence.
In addition to developing standard national measures and media, the Federal Centre for Health Education promotes practice-orientated model projects and skill-building measures, and commissions studies. Representative repeat questionnaires create the basis for media development and setting topics for the measures, and make possible changes to the content-related tasks clear in light of changing social backgrounds.
Projects and media on principle take account of the different gender-specific conditions, or are created target group-specifically for girls/boys and women/men. In developing media and projects, already in the run up to this gender-specific approach they are examined and appropriately implemented in relation to the goals of gender mainstreaming.
On this working basis, the Federal Centre for Health Education promotes projects and trials. A few current examples:
• Reflecting youth work in the Federal Länder Rhineland-Palatinate and the Saarland
Project on gender-aware youth work
• It's a woman's life
Study on careers and family planning
• Quality circle in prenatal diagnostics
Pilot project for doctors and counsellors on this topic
• "She's half a child herself."
Survey on the living conditions, attitudes and contraceptive conduct of young pregnant women and mothers
• Sexuality and contraception from the point of view of young people and their parents
1994/1996/1998/2001 repeat survey
• "My own thing" girls go their own way
Documentation of the specialist conference on sex education work with girls of June 2000
A "material list" provides information on all publications in the Federal Centre for Health Education, the quarterly specialist periodical entitled "FORUM for Sexual Education and Family Planning" reports on topical research results, practice objects and media. With the series entitled "Research and practice of sexual education and family planning" the Federal Centre for Health Education offers a forum for discussion and networking between scientific theory and practice.
11. Article 11: Equal rights of women and men in the field of employment
Article 11
(1) States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular
a) The right to work as an inalienable right of all human beings;
b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;
c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;
d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;
e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;
f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.
(2) In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures
a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;
b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;
c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;
d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.
(3) Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.
The following additions can be made to update the previous Report:
Reference is also made to Part I 3.4.
11.1 Civil Code and other statutes
With the Act Amending the Civil Code and the Labour Courts Act (Gesetz zur Änderung des Bürgerlichen Gesetzbuches und des Arbeitsgerichtsgesetzes), which entered into force on 3 July 1998, the liability of the employer for gender-specific discrimination has been reformed in the shape of the Second Equal Rights Act. The Act is a reaction to the judgment of the European Court of Justice dated 22 April 1997 (file ref. C 180/95), in which the Court reached the conclusion that the European Equal Treatment Directive contradicts the provisions existing in Germany on the equal treatment of men and women in entering into employment.
The Act Amending the Civil Code and the Labour Courts Act fully accommodated the caselaw of the European Court of Justice.
In German law, an employer must provide compensation if they have acted in a discriminatory manner when initiating employment. The compensation provision contained in section 611a subsection 2 of the Civil Code does not depend on guilt. The employer is also liable for the misconduct of those persons acting for them in filling the post.
In accordance with section 611a subsection 2 of the Civil Code, both female and male applicants who have been discriminated against may demand suitable compensation in the shape of money. For the best-qualified female applicant (the applicant who would have obtained the post if the selection had been carried out free of discrimination) there is no limit as to the amount of compensation. For applicants concerning whom it can be proven by the employer that they would not have been given the post to be filled because of the better qualification of the male applicant who was appointed, even had the selection been free of discrimination, the amount of compensation is limited to three months' wages in line with the caselaw of the European Court of Justice.
With the ruling for a right to compensation in accordance with section 611a of the Civil Code, Parliament opposed a right to be appointed – which would not have been compatible with the applicable labour law. Protection relates here not to the opportunity of the most suitable female or male applicant to be appointed, but to the right of each female or male applicant to have the recruitment procedure carried out free of discrimination. The version of section 611a of the Civil Code, which makes provision for a reversal of the burden of proof favouring injured female or male applicants, has already accommodated European Directive 97/80/EC.
The compensation arrangement applies to the gender-related discrimination appropriately concerning vocational promotion if there is no right to promotion.
On 28 July 2001, the Act to Reform the Works Constitution Act entered into force with far-reaching amendments to improve the equal opportunities of women and men in companies. It was explained in detail in Part I at 2.3, to which reference is made here.
In accordance with section 19 subsection 2 of the Federal Equal Opportunities Act, the unit is to involve the equality commissioner in the proceedings to appoint to bodies in nomination or secondment in accordance with the Federal Act on Appointment to Bodies unless a section for the equality of women and men has been set up. (cf. also at Part II, 7.1)
11.2 Public service of the Federation
It is one of the major service law policy goals of the Federal Government to continue to improve the vocational situation of women in the public service. In particular, the special needs of women are taken into account by means of consistent further development of part-time working opportunities (cf. Part II, 11.5). The proportion of women as against the total number of staff in the public service has continually grown. A total of, 2,500,000 women were employed in the public sector in 2000 according to information provided by the Federal Statistical Office. The proportion of women on the staff has hence increased further to 51.4% in 2000.
The statistical data specifically concerning the public service of the Federation are summarised in the Federal Government's fourth report on the advancement of women. In the period under report from 1995 to 1998, the proportion of women in the whole Federal service increased slightly by 1.1 percent from 43.6% to 44.7% (= 250,986 women), whilst the total number of staff fell by roughly 6% to 561,365. Hence, the proportion of women in the Federal service in 1998 was only roughly 6 percent lower than the proportion of women in the total population.
The imbalances in the individual areas, however, remained largely unchanged: The proportion of full-time female civil servants in the administrative service of the Federation rose from mid-1995 to mid-1998 only from 11.6% to 13.5%, and in the administrative service of the superior Federal authorities from 12.6% to 14.5%. With heads of section in the superior Federal authorities the proportion of women rose from 8.7% in 1994, the last year under report of the third report on the advancement of women, to 10.6% by 1998, the last year under report of the current report, with heads of sub-division from 3.6% to 8.2%. Among heads of division however it fell in the same period from 4.1% to 2.1%.
In comparison to their male colleagues, therefore, still too many women were employed in lower-value, low-pay areas, including also part-time jobs: only 38.5% of full-time employees, but 92.8% of all part-time employees in the Federal service were women. The proportion of part-time employees among the staff as a whole was 11.5% in 1998. These staff members – almost exclusively women – shared their jobs and established posts with other staff, almost exclusively again with other women.
91.4% of all of those on leave from the Federal service – and hence for a time with no income of their own – were women.
Also in terms of status, women always were at a disadvantage in comparison with their male colleagues in 1998: Only 23.7 percent of all staff who were civil servants with life tenure were women (1994 19.2%) as against 64.9% (1994 66.5%) without life tenure. These also include employees with temporary contracts.
Since according to the fourth Report of the Federal Government on the advancement of women in the Federal service the statutory provisions to date for the advancement of women in the Federal service and the courts of the Federation have made little progress, the Federal Government as a consequence drafted a new Federal Equal Opportunities Act which entered into force on 5 December 2001. This new Equality Act contains more concrete statutory provisions in order to continue to make sustainable progress in the advancement of women (cf. description Part I 2.5).
By means of the Federal Equal Opportunities Act the previous provisions on the reconciliation of family and work are also uniformly improved for all staff in the public service of the Federation. By these means, at the same time obstacles for men to undertake family work are reduced. (cf. also at II 5.1). Women and men returning to work are to find it easier to return to their jobs.
11.3 Maternity Protection Act
The Maternity Protection Act is one of the most important statutes of labour and social law. It protects female employees and their children against health risks at work, against dismissal and against loss of income. This Act has proved itself impressively and its further development remains a major social policy task. By means of the Second Act Amending the Maternity Protection Act dated 16 June 2002, all mothers, including those who give birth earlier than calculated, have a maternity protection period totalling at least 14 weeks. It was additionally clarified that the bans on employment under the law on maternity protection count as working hours for calculating leave. The Act entered into force on 20 June 2002.
The Maternity Protection Act is closely linked to the Federal Act on Child-raising Benefit (child-raising benefit and parental leave for childcare in the first years of life, cf. at Part II 11.5.1)).
By means of an anticipatory provision, the Federal Government has transferred the extension of the period of maternity protection to at least 14 weeks applying to other early births to also cover civil servants of the Federation, at the same time as the entry into force of the amended Maternity Protection Act, and hence brought about equal treatment. The Maternity Protection Ordinance of Civil Servants (Mutterschutzverordnung der Beamtinnen) will be adjusted accordingly.
11.4 Gender-specific differences in income
The statutory regulations concerning equal pay are unequivocal. The most important legal basis is Art. 141 of the EC Treaty (Article 119 of the old version of the EC Treaty) which is directly applicable law and was once more substantially improved by the Treaty of Amsterdam. The principle of equal pay for equal work was expanded to cover equivalent work. At domestic level, the legal basis lies in Article 3 para. 2 of the Basic Law, and in section 612 subsection 3 second sentence of the Civil Code, in which since the legal clarification contained in the 1980 EC Adjustment Act (EG-Anpassungsgesetz) the principle of "equal pay for equivalent work" has expressly been contained. The trade unions and the employers' associations are also bound by this principle in designing collective agreements, as are the employers and works councils in drafting internal wage and salary agreements. The caselaw of the European Court of Justice and of the labour courts has also considerably contributed towards the development of principles concerning what is to be understood under equal and equivalent work, in particular also on the circumstances under which different payment is to be regarded as indirectly discriminatory.
In December 1998, the Federal Government submitted the 11th Report to the German Federal Parliament on the problem of realising the concept of equal pay in collective agreements. In this Report the Federal Government once more stressed its view that the existence of certain lower wage groups in a small number of collective agreements says nothing about whether the respective tariff area in fact undervalues women's work or not. The German Federal Parliament however regards reporting in its present form as unlikely to reflect gender-related equal pay and by order of 30 June 1999 called on the Federal Government to expand reporting as to its approach and to draft a report providing extensive information on the work and income situation of women and men in the Federal Republic of Germany. This report was submitted to the German Federal Parliament on 24 April 2002. It was described in detail in Part I at 3.4.12. Furthermore, in June 2002 the Federal Government with the support of the EU organised an international conference on the topic of "Equal Pay – Models and initiatives on equal pay" and is currently preparing a guideline for players in this field. Also in the National Sustainability Strategy of the Federal Republic of Germany, the reduction of the gender-specific wage gap is provided for as an indicator of the equality achieved. The goal is to increase gross annual earnings from 76% in 1997 to 85% in 2010.
11.5 Reconciliation of family and work/Labour market policy for women
11.5.1 Reconciliation of family and work
The Federal Cabinet adopted the "Women and work" programme on 23 June 1999. The goal pursued by this programme is to emphatically bring forward the equal opportunities of women and men at work and in the family. The programme contains the following measures:
• The Reform of the Federal Child-Raising Benefit Act entered into force on 1 January 2001. It applies to births from 2001. The reform improves the preconditions for child-raising benefit and child-raising leave, which has now been renamed parental leave. This Act clearly improves the conditions for joint childcare by both parents, combining work and skill-building.
Parents have a right to parental leave for up to three years for every child whilst retaining full protection against dismissal. They may also jointly avail themselves of this right completely or for some time. Parental leave normally ends on the child's third birthday. With the consent of the employer, however, it may be transferred up to a year at a time up until the child's eighth birthday. During parental leave, part-time working of up to 30 hours per week is permitted, and if parental leave is taken jointly this is up to 60 hours per week. There is also a right to part-time working in companies with more than 15 employees.
The new flexible parental leave replaces the old child-raising leave, the name and the inflexible rules of which (no legal possibility for joint child-raising leave, restriction of permissible part-time working to no more than 19 hours per week) were out of date. In 2000 roughly 380,000 parents (of whom 98.4 % were women) with employment were in the first year of their child's life in the old child-raising leave, meaning that roughly 95 % of the parents who were entitled availed themselves of this opportunity. The quota was much lower in the second year of the child's life (approx. 213,000 parents, roughly 94 % of those entitled). However, as was also the case in the first year, child-raising leave continued to be used almost exclusively by women.
A major goal of the new parental leave scheme is the much greater participation of fathers in joint childcare, i.e. also of the joint reconciliation of family and work. This goal can be achieved through the better provisions for part-time working. In 2004, the Federal Government will submit to the German Federal Parliament an experience report on the new parental leave. The stronger participation of fathers in care of the child in its infancy means at the same time more equal opportunities for women on the labour market.
• For many women and men, the possibility of working part-time is highly significant to the reconciliation of family and work. Major progress has been made by the Act on Part-Time Working and Fixed-Term Employment Contracts, which entered into force on 1 January 2001. One core item is the statutory right to part-time working in companies with more than 15 employees, including managerial positions. Employees in the Federal Republic of Germany whose employment has lasted for more than six months may now require their contractually-agreed working hours to be reduced. The employer must discuss with the employee the desired reduction of their working hours with the aim of reaching an agreement regarding working hours and their distribution. This new legal provision goes beyond reconciliation of work and family. In fact it also separately makes it possible to reconcile part-time working independently of family duties. Furthermore, this Act provides that employees who wish to extend their contractually agreed working hours are to be given priority in comparison with others with the same aptitude after communication with the employer, assuming a suitable post is available.
• One of the central questions arising in the topic of reconciliation of family and work is childcare. A well-functioning childcare system is of great significance. In accordance with the statutory provisions, the Länder and local authorities are responsible for offering a sufficient range of care for all age groups.
In spite of the introduction of a legal right to a kindergarten place in 1996, in the Western Federal Länder in particular there are still gaps in care, especially for children under the age of three, in all-day care for children aged between three and six and in care for primary school children in the afternoon. Furthermore, there is a need for more flexible care times.
The impetus for the quantitative and qualitative expansion of the childcare system came from the international conference entitled "Children as a factor for the future – for all-day education and care in Germany" organised by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth between 6 and 7 June 2002 in Berlin.
The Länder and local authorities, which are responsible for childcare, go to considerable lengths to overcome gaps in provision. For instance, kindergarten places which become free – as a result of demographic trends – can be reassigned for younger or older children.
The Federal Government will support the efforts of the Länder with € 4 billion which are allotted amongst other things to expanding all-day schools. Furthermore, for instance the "Agreement between the Federal Government and the central associations of German industry to promote equal opportunities for women and men in private industry" concluded in July 2001 provides that companies commit to childcare. In order to support this commitment, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth will publish a brochure entitled "Company-supported childcare". In addition to this, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth published a handout at the beginning of 2002 entitled "Family-friendly measures at work" for company management, employee representatives and staff, offering a broad range of measures for the better reconciliation of family and work. It ranges from family-related variants on work via personnel strategy considerations, through to creating a family-friendly company structure.
• The goal being pursued is to overcome the traditional gender roles in accordance with which women are responsible for the family and men for work. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has hence launched a campaign for the creation of a new perception of men and of fathers. The aim is to promote attitudes and conduct of men in families based on partnership. A particular target group of the campaign is young fathers and men in the family planning phase, as well as young adolescents. The alliance partners for the campaign are in particular employers and companies. The national communication offensive was launched on 6 March 2001 under the motto of "More scope for men". A fundamental element of the campaign is the involvement of enterprises. For instance, a "relay race" was organised by companies in all 16 Federal Länder which have already developed family-friendly solutions or intend to do so in the near future. In the context of this "relay race" the possibilities open to fathers and enterprises by virtue of the new statutes were made obvious in a company environment. All cooperating enterprises organised a day of action on this, the so-called "Father's Day".
• In the context of the Federal competition entitled "The Family-Friendly Company 2000: - New Opportunities for Women and Men", companies which also support fathers in reconciliation of family and work and practice model teleworking solutions were awarded prizes on 31 October 2000 at the EXPO in Hanover. Also in the Länder there were and are comparable competitions on the topic of family-friendly company/equal opportunities.
• An Infotheque on the subject of "reconciliation of family and work" for trade fairs, congresses and exhibitions provides information on best practice models and strategies which lead to a family-friendly world of work.
• An online counselling service advises small and medium-sized enterprises in particular about the introduction of family-friendly measures and those which serve to advance women.
• The Agreement between the Federal Government and the central associations of German industry dated July 2001 to promote equal opportunities of women and men in private industry was already described in Part I at 3.4.10.
Further measures have been developed and implemented with participation from the business community, such as the example of the basic curriculum on reconciliation of family and work as a training concept for managers. It supports specialists and managers, in particular those in small and medium-sized enterprises and organisations, to develop the reconciliation of family and work as a motivation factor and implement it within the enterprise culture.
Today, innovative work aids and forms of work such as the Internet, teleworking and flexible working hours form the basis of reconciliation of family and work. In evaluating case studies, interviews with companies and staff and expert talks, a guideline for a family-related design of teleworking provides employers and employees with an orientation and concrete assistance for practical rules taking into account all aspects which are relevant for everyday life on condition of the reconciliation of family and work.
In order to provide to women above all assistance for their return to work after the family phase, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has put together an overview of state assistance, practical tips on questions related to childcare, fiscal and social law questions, etc., in a brochure entitled "Back to work".
Another brochure of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth entitled "Reconciliation of family and work – Advice for self-employed and assisting family members" answers questions related to the statutory framework of child-raising benefit and parental leave, safeguarding health, long-term care and pensions insurance under social law, etc., as well as dealing with fiscal aspects.
• The final paragraphs deal with the statutory regulations intended to make it easier for civil servants and employees in the public service to reconcile family and work.
For civil servants, the possibility to work part time which was first introduced in 1969 as "family policy part-time employment" has been continually expanded and further developed. Family policy part-time employment may now be exercised for up to twelve years, with fewer than 50% of the regular working hours.
Furthermore, it has been possible since 1997 to apply for part-time working with no preconditions, making it possible to employ civil servants at their request with no preconditions having to be met in part-time working unless there are official reasons for a refusal.
Part-time employment for those approaching retirement was introduced as a new element in 1998. This is part-time employment until retirement age with half of the previous working hours for civil servants who have already turned 55. There is an option here where employees may work half days over the entire period or select a block model combining working and leisure phases. Part-time employment for those approaching retirement age is linked to particular advantages concerning salary and pensions. As on 1 July 2000, the possibility to take advantage of part-time employment for those approaching retirement age was opened up also for civil servants previously working part-time who had initially been excluded from the arrangement. This arrangement benefits women in particular.
Part-time work opportunities have been opened up to improve the reconciliation of family and work for employees of the public service by introducing and continually expanding the collective agreement provisions on part-time working from 1994 onwards. The possibility of part-time employment for those approaching retirement age has also existed since 1998 for this group of individuals; the regulations are the same as those for civil servants.
The Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Federal Courts (Federal Equal Opportunities Act), which entered into force on 5 December 2001, contained supplementary provisions on part-time employment and those outreaching the Part-time Working and Fixed-Term Employment Act for all staff there. For instance, posts with superior and managerial tasks are to be advertised to be filled on a part-time basis unless "compelling" official concerns oppose this. Over and above part-time working and family-related leave, staff with family duties are also to be offered teleworking jobs or special working hours models such as a Sabbatical year or working hour accounts where officially possible. Furthermore, it should be made easier than before for part-time employees with family duties to return to full-time employment. (cf. also Part I 5.1).
The new provisions of the Federal Child-Raising Benefit Act on parental leave have been transferred to the Parental Leave Ordinance amended by the ordinance dated 17 July 2001 (Federal Law Gazette Part I p. 1664). The amendment, which applies to Federal civil servants, entered into force retroactively as on 1 January 2001 in order to ensure chronological harmony with the impact under the law on child-raising benefit.
11.5.2 Labour market policy for women – model projects of the Federal Government
Socially acceptable commercial provision of labour was tried in the context of model project promotion with two charitable companies engaging in the commercial provision of labour (START Zeitarbeit in North Rhine-Westphalia and Gesellschaft für Arbeitnehmerüberlassung Thüringen) between 1996 and 2000 as a labour market policy tool for the vocational reintegration of women. It was revealed here that women have much better chances than men to become integrated into the first labour market in the long term via the socially acceptable commercial provision of labour. This applies in particular also to special target groups within the labour market such as the unemployed and/or single mothers or women who have not completed vocational training.
In the framework of the fourth Community Action Programme on equal opportunities (MACH), the German Youth Institute implemented the project entitled "Mentoring for women in Europe". After completing the EU start-up funding, the further networking and dissemination of the existing mentoring concepts was brought onwards in another project phase with funds from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, and new concepts were developed for female business starters, women in politics and women in the administration.
The competence centre for equal opportunities policy in the labour and service society of the 21st Century (2001 to 2003) advises and accompanies regional and company players as a support and consultation agency. The core of this competence centre are enterprise-specific and sector-specific measures aiming to implement the gender mainstreaming concept with a regional focus with the aim in mind of achieving greater equality of opportunities between men and women on the labour market.
11.5.3 Business start-ups
In the framework of a three-part study of gender aspects in business start-ups, various approaches aiming to achieve a more precise, gender-differentiated strategy on business start-ups have been developed.
The supply and demand structures of women-specific advice facilities were examined for the first time in a study, the goal of which was to collate the approaches and services of these agencies in women's business start-up processes and to ascertain the networking approaches to the classical facilities of the chambers, banks and associations. The data obtained in the analysis reveal the considerable significance that these facilities have for developing the entrepreneurial potential of women.
A further sub-study analysed the conditions and developments of start-up processes for self-employed additional and extra work. The background to this lies in the fact that the establishment of small and micro enterprises follows a totally different development pattern than technology- and commercially-orientated company start-ups. The study shows the high position of small and micro start-ups with their development potential, and at the same proves that women actively contribute to economic structural change.
In the framework of a further expert report, the official statistics that are relevant to the field of start-ups were evaluated from the point of view of gender-related aspects and recommendations were drafted for gender-orientated documentation and analysis.
The focus was on activities from and for female entrepreneurs and business starters in small and medium-sized enterprises in nation-wide research that was carried out in the first half of 2001. As a result of this survey, it was possible to identify roughly 500 initiatives, activities and projects of and for female entrepreneurs and business starters which performed the function of network nodes. The aim of this measure is to make these specific structures visible and to network them with the classical and traditional structures of economic promotion.
In order to promote the generation change in enterprises, the German Equalisation Bank, the Federation of German Chambers of Industry and Commerce and the Federation of German Trade initiated the joint CHANGE/CHANCE initiative. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth was involved in the initiative from 1998 to 2001 in order to enable women to benefit from succession within enterprises more strongly than was previously the case as a form of starting in business. The intention pursued was, above all, to improve cooperation between classical start-up advice units such as chambers, associations, and banks with women-specific advice agencies.
11.6 The right to social security
The following additions can be made to update the previous Report:
The pension reform, which entered into force on 1 January 2002, mitigates the pensions law consequences of women's lower wages. The pension expectancies of persons bringing up children who are in gainful employment during the first ten years of their child's life but primarily exercise this employment in the shape of part-time working because of bringing up the children, and hence who earn less than average, are increased in value for times from 1992 onwards. Here, the individual income is increased by 50% to a maximum of 100% of the average income if a total of 25 years are available with pension law times. This creates an incentive to keep gaps in the insurance biography caused by bringing up children as short as possible, and to at least enter into part-time employment soon after the childcare time. This will benefit women in particular who enter part-time employment when the youngest child goes to kindergarten.
This favourable change also benefits persons who in many cases cannot enter gainful employment because of taking care of a child who is in need of long-term care. Here, too, the obligatory contribution period to be recognised for the carer in calculating the pension is increased in value by 50% but up to a maximum of the value emerging from 100% of the average income – until the child in need of long-term care reaches the age of 18.
For persons bringing up children who have several children under the age of ten for whom entering gainful employment proves to be more difficult than with only one child in this age group, the Act provides for an equalisation measure in order to close gaps in pension.
A woman working part-time with one child or a woman not working with two children may receive up to € 60 in additional monthly pension through the newly-introduced promotion measures.
Mothers or fathers are granted a pension credit of income points after the end of the period of bringing up the children, in other words when the child has reached the age of four, for times from 1992 onwards. This credit as a rule corresponds to the maximum promotion with the child-related higher valuation of contribution times for persons who are in gainful employment (in other words a third of an income point per year).
The additional capital-covered old-age pension created by the Age Assets Act (Altersvermögensgesetz) with state promotion also takes account of the period of bringing up children. In its final phase (2008) the Act provides in addition to the basic allowance of € 154 per year per parent a child allowance of € 185 per year per child. Especially with low family incomes, for instance in the case of single parents with children, the result of this promotion model is that in some cases up to more than 80% of the total amount saved is contributed by the state allowance.
Furthermore, the current pension reform also reforms pensions for surviving dependants. With the aim of retaining long-term confidence protection, the new law is introduced for married couples both of whom are younger than 40, and for new marriages. The previous provisions continue to apply to all other married couples.
In accordance with the new law, pensions for widows and widowers are reduced from 60% to 55% in the basic welfare protection, but the pension is increased by an allowance for the first child by two income points and for the further children by one income point each since women who bring up children have much larger gaps in their income biographies than women and men who have not brought up children. This already leads to a small improvement in her widow's pension for a widow with an average widow's pension who has brought up a child. Together with the upgrading of her own contribution times, a clear improvement hence emerges in most cases in the overall pensions of women who have brought up children.
With the widow's pension for women whose income is not reduced, who do not bring up children and are younger than 45 (so-called small widow's pension) the duration of benefit is restricted to a transitional period of two years.
Furthermore, for younger couples and new marriages in which protection of confidence does not apply, there is an increasing effect of the income on pensions for surviving dependants. Previously, only income from gainful employment and alternative income (for instance insured persons pensions from pension insurance and pension benefits) were counted as income.
In the interest of equal treatment, all types of income will be counted in future towards pensions for surviving dependants with the exception of most tax-free income in accordance with the Income Tax Act (Einkommenssteuergesetz), and income from old-age pension contracts if they have been promoted in accordance with the Income Tax Act (in other words also income from assets).
The reform further makes provision for younger spouses under certain conditions being able to select in future between traditional pensions for married and widowed persons (when both spouses are alive each receives their insured pension, and in the event of the death of the spouse, the surviving spouse is also granted a surviving dependants pension which is derived on a subsidiary basis in addition to their pension) and pension splitting. This is achieved by means of an agreed declaration by both spouses. The effect of this sharing in a spirit of partnership as a rule already applies when both spouses are alive (namely when a full pension because of old age is also granted for the second spouse).
Pension splitting is designed in a similar way to pension equalisation. The total of the pension expectancies from the time of the marriage is divided equally among both partners. As a rule, the woman's independent pension entitlement is increased which is not counted as income also in the case of then becoming a surviving dependant. The expectancies acquired by means of pension splitting are also retained in the event of re-marriage.
12. Article 12: Equal rights of men and women in the field of health care
Article 12
1) States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.
(2) Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connexion with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.
The Federal Republic of Germany has a health system which legally guarantees the access of women and men to health services and facilities on an equal basis. Everyone receives the necessary health services and benefits regardless of sex, age or social status. Progress in medicine and medical technology equally benefits women and men. It must be borne in mind in this context that women are to some extent afflicted by different kinds of complaints and diseases. However, special gender-specific features can also arise as regards the course and impact of illness. Women to some extent react differently to health problems, and for this reason also seek services and offers which cater to their needs.
The further development of health-related offers and services - also in relation to specific and health-related problems of women - is a task for all involved in the framework of our pluralistic health system. In particular, it is also the responsibility of the Länder and municipalities, the doctors and the self-administration borne by the social partners, independent providers, science and research, as well as of self-help organisations.
The following additions can be made to update the previous Report:
12.1 Needs specific to women in health policy
The Federal Government has contributed with various measures towards women-specific concerns being increasingly taken into consideration in the health system.
Particular significance is hence attached to the Report on the health situation of women in Germany, commissioned by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, the results of which were published in 2001. Here, Germany for the first time submits a systematic stocktake of data on women's health making it clear that women and men suffer from different diseases with different symptoms and courses, react differently to medicines and therapies and have a different attitude to illness and health. The Report, which is specifically based on an understanding of health and illness related to women's lives, also provides an overview of the women-centred approaches in health promotion which exist in many places in Germany. These examples of good practice are based on a "holistic" understanding of health, meaning that they take account of the burdens of work, vocation and family and understand health as well-being and strengthening ability to help oneself.
In order to present the results of the women's health report and to discuss its conclusions for implementation with experts from the field of health, in October 2001 the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth organised a specialist conference entitled "Women's health, women's life, women's work". This led to a dialogue with representatives from theory and practice and to an exchange between various groups in the health sector with the aim of implementing a women-specific point of view within the healthcare system in Germany. In January 2002, in order to implement the many suggestions and conclusions from reporting on women's health, a coordination body on "women's health" was established with the financial support of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. It is to undertake the task of providing policy advice during the three-year project phase in the field of women's health which is needed as the basis for future plans.
The conclusions contained in the Report demonstrate the serious consequences that the experience of violence has for women's health. In spite of the large number of women concerned, experience of violence and maltreatment is frequently not recognised as having caused health complaints, and is not suitably treated. Since March 2000 the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has hence been promoting scientific research on the Berlin model project entitled "SIGNAL" at the Benjamin Franklin University Clinic. This project aims to improve healthcare for women who have been maltreated by means of awareness-building within the medical sector for the violence problem. The results are to be implemented after completion of the measure in other hospitals and non-residential practices and to enable the medical staff to deal with women affected by (sexual) violence competently and in a problem-specific manner.
Girls and women with a mental disability are at particular risk from sexual exploitation and sexual violence. For this reason, in December 1999 the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth commissioned a four-year pilot project on "Dealing with sexual self-determination and sexual violence in housing facilities for young people with a mental disability". This project aims to develop a (sex) education curriculum on matters of sexual self-determination and sexual violence in facilities for young people with a mental disability. Those concerned are thus to be enabled to recognise and avoid excesses and attacks in everyday life, or if they have taken place to take the necessary, appropriate measures. The approaches to be drafted are to target carers and managers, as well as residents with a mental disability.
One health problem which largely affects women is eating disorders. The prevalence of eating disorders has increased considerably in the last 25 years. This increase amplifies the need for advice and therapy, as well as the number of advice and therapy facilities dealing with it. This issue is tackled by a new project organised by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: "Quality assurance in advice and non-residential therapy of women and girls with eating disorders". It was launched on 15 November 2001 with the aim in mind of promoting advice and non-residential treatment for eating disorders that is geared to women and girls.
Women-specific addiction work and practical research has indicated in the last two decades that dependence on substances of abuse among women is specific in terms of the forms it takes and is linked to role-specific circumstances and backgrounds. Experience with women addicts indicates that they suffer from their substance abuse and dependence rather inconspicuously, and that they attract less attention in society than men with this problem. This must be taken into account in providing advice and treatment. Women-specific addiction work hence attaches considerable significance to developing women's self-esteem and self-confidence. Gender-differentiated offerings are needed in assistance for substance addicts and have become the standard. Differentiating advice and therapy offerings have been available to female alcoholics for many years. Increasingly, in the past ten years this offering has also been improved for drug-consuming women and adjusted to the specific needs of women. The Federal Ministry for Health has promoted amongst other things special pilot projects in this field. Shelters and contact shops for women have been created, as well as offerings for pregnant women and women with children. In self-help, women's groups have also become a recognised, proven element in addiction work. A future focus is the improvement of an offering for dependent smokers; with roughly 2.5 million this is the largest group; these are 40% of the total estimated number of smokers. The offerings that are to be created will focus on pregnant women, as well as girls and very young women.
Cooperation between the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the various facilities and organisations specially devoted to women's health (for instance the women's health centres), and promotion of individual activities with ideas and funding (in particular specialist events and publications) of these institutions, revealed interesting suggestions for measures to increase the consideration of women-specific health aspects, as well as uncovering specific problems related to women's health.
A further project which was jointly promoted until 2001 by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the EU aimed to develop more fully at transnational level the existing women-specific approaches in health advice and prevention by the individual EU States which were emerging in cooperation with health research, medical practice and from the experience of self-help groups, and to make them accessible to a broad specialist public.
In the framework of this four-year project, the foundation was laid for a transnational network called "Women and health".
Important groups of addressees include national and regional organisations in the health area, as well as women from the field of health care and the self-help movement in the countries involved.
The EU supra-country exchange has contributed towards the bundling of resources, to the expansion of the level of knowledge and to Europe wide networking of activities of this nature.
From November 1999 to the end of 2000 the national Pro-Familia association carried out the project entitled "Accompanying measures to introduce medicinal abortion using Mifegyne" with the promotion of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The goals of the project, namely to give women a choice related to their individual health and life situation between the options of abortion using medicine or by means of surgery, and to integrate abortion by means of medicine using Mifegyne into the healthcare system in Germany as quickly as possible, could largely be achieved.
Measures in the project included further training for advisors and doctors, a specialist conference with the participation of international experts, the production of information material for clients in several languages, as well as surveys on the development of the supply system and on the acceptance of the method by the advice agencies, medical facilities and women concerned.
The mortality statistics with the listed life expectancy and the maternal and infant mortality are regarded as a major indicator of the overall health situation.
The life expectancy of women in the Federal Republic of Germany has risen from 68 years in 1951 to 80.5 years in 1997/1999, and is 6.1 years higher than that of men.
The maternal and infant mortality rates have continued to decline in recent years. Maternal mortality (deaths of women resulting from complications during pregnancy, delivery and in childbed per 100,000 live births) amounted to 4.8 in 1999 (1993 5.5; 1987: 8.7; 1979: 22.0). In 1970, it was in fact more than six times the present level in the old Federal Länder, with a figure of 51.8.
In 2000, infant mortality reached its lowest level since the war, with only 4.4 babies per 1,000 live births dying in their first year of life. This development is probably due, among other things, to the high degree of utilisation (approx. 90% of those entitled) of the check-up examinations for pregnant women, new-borns, infants and toddlers introduced by the statutory health insurance companies in 1966. Pregnant women receive a "maternity card" for twelve check-up examinations (and more where necessary) from their doctor. In the case of women who do not have health insurance and live on a low income, the costs for the check-up examinations of the pregnant woman are met by the Social Services Office.
The free counselling service for pregnant women and mothers offered by the Health Offices of the public health service and the statutory health insurance funds is also of great importance. The programme is extensive, including information on matters concerning diet, advice and help with breast-feeding problems, prophylactic vaccinations, prevention of rickets and caries, early detection of disabilities, particularly in high-risk children, early detection of diseases and disturbances in emotional and physical development.
Considerable importance is also attached to the work of the Mothers' Convalescence Agency for mothers with children. The use of mother and child spa stays as against mothers' spa stays has risen in recent years. The expenditure of the statutory health insurance funds for medical care and rehabilitation for mothers and fathers (previously referred to as mothers spa stays) have risen from approx. € 80 million (DM 160 million) in 1991 to about € 400 million in 2001. Only in 1997 was there a slight fall in expenditure to € 330 million (DM 660 million). The establishments of the Mothers' Convalescence Agency are funded by the associations of independent welfare and the churches. The Federal Government promotes the construction and maintenance of these facilities to the tune of some DM 8 million (€ 4,090,335.05 million) per year. In cases of need, donations of the Mothers' Convalescence Agency are also available.
On 1 August 2002, the Act to Improve Care and Rehabilitation for Mothers and Fathers (Gesetz zur Verbesserung der Vorsorge und Rehabilitation für Mütter und Väter) came into force. This Act ensures full funding by the statutory health insurance of prevention and rehabilitation benefits for mothers and fathers. The possibility was removed for health insurance funds to provide in their statutes for only partial funding. Furthermore, the quality and the efficiency of the prevention and rehabilitation services for mothers and fathers in facilities of the Mothers' Convalescence Agency and comparable facilities was secured by introducing a contractual system like that covering the remainder of the prevention and rehabilitation services.
12.4 HIV infection and AIDS
According to the assessment by the Robert Koch Institute, a total of roughly 38,000 persons infected with HIV currently live in Germany, of whom roughly 29,500 are men and 8,300 are women. The illness has already fully advanced to become AIDS among roughly 5,000 of the 38,000 persons infected with HIV.
Roughly 60,000 people have become infected with HIV since the start of the epidemic in the eighties until the end of 2001. During this time, roughly 25.000 of them have become ill with AIDS and roughly 20,000 have died of the consequences of HIV infection.
The number of new infections per year has remained largely constant at roughly 2,000 in recent years. Almost one-quarter of new infections affect women.
Surveys on the social and mental situation of women affected by HIV/AIDS and their medical and psychosocial supply situation have set the stage for taking account of women-specific interests in the advice and care that is offered. Thus, in the framework of the HIV-AIDS prevention strategy, brochures are provided by the Federal Centre for Health Education which directly approach girls and young women. The promotion of the specialist field "women" within German AIDS assistance, in particular their advice and care offerings for HIV-positive women, ensures personal and practical support in all problems linked to women and AIDS. By means of a network which was created in 1992 called "Women and AIDS", a number of measures have been initiated to increasingly tackle gender-specific factors in perception of illness, dealing with illness and prevention. The promotion and support of HIV/AIDS prevention offerings in prostitution scenes in the cross-border areas to the Eastern neighbouring states has not lost its significance.
With the research project entitled "Influence of medical therapy progress on the life and action outlook of women with HIV and AIDS" on the one hand the new status quo is to be described, and at the same time, the corresponding improvement of psychosocial support offerings is to be achieved.
In relation to pregnancy and HIV/AIDS, undesirable effects on the child are to be prevented by virtue of the research project entitled "German multicentre study to carry out follow-up observation of the children of HIV-positive mothers with intrauterine antiretroviral medicine exposure", and therefore also the worries and fears of the mothers with regard to their children are to be reduced.
The health research programme funded jointly by the Federal Ministry of Education and Research and the Federal Ministry for Health, adopted by Cabinet on 22 November 2000, tackled the topic of "Women's health research" with the programmatic statement made there (excerpt):
"We in Germany need to catch up also on work on women's health in the respective research context, irrespectively of increasing establishment of international research in recent years. As a precondition for the development of effective measures in prevention, therapy and rehabilitation, which are to strengthen the objective and subjective resources for health, risks, the protection factors and burden constellations which are different specifically to women and to gender are to be uncovered. The understanding of these aspects must then be orientated towards women's and men's circumstances and include the concomitant different questions."
We are already doing our utmost to catch up as mentioned above in that the call for tender texts for central areas of promotion in the programme appropriately draw attention to this problem. This has been carried out for the first time for instance in the notice on the establishment of medical competence networks for heart circulation diseases, where it says: "Gender-specific aspects should be [...] suitably taken into account". These requirements are also being made in the promotion guidelines on applied care research.
Promotion of research projects with women-specific questions is amplified both in the framework of departmental research of the Federal Ministry for Health, and that of the health research programme.
Projects on gender-specific aspects of rehabilitation have also been organised since the summer of 1998 in eight regional research associations in the promotion focus on rehabilitation research, with a total promotion amount of more than DM 1.7 million (more than € 896,000).
Since women have a higher life expectancy than men, the probability is higher that they will suffer from age-related illnesses as a result of their longer life. The focus here is on coronary heart disease, cancer, in particular breast cancer, osteoporosis and mental illnesses such as depression and dementia with their serious effects on autonomy and self-determination.
Health factors therefore have an increasing influence on the quality of life of elderly women over sixty, up to very old women.
The Berlin Study on the Elderly and the 4th Report of the Federal Government on the Elderly provide crucial information on the situation and health of elderly women.
The Berlin Study on the Elderly ascertained that women in old age are in a generally worse position than men. Very old women over 85 have one-and-a-half times the risk of suffering serious disadvantages. This includes needing long-term care, loneliness and lack of social support.
The 4th Report on the Elderly entitled "Risks, quality of life and care for the very old, taking particular account of dementia illnesses" also proves that women become in greater need of long-term care than men as they age: Of the over-nineties, two-thirds of women need long-term care, as against 42 percent of men.
13. Article 13: Equal rights of women and men in the economic, social and cultural fields
Article 13
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular
a) The right to family benefits;
b) The right to bank loans, mortgages and other forms of financial credit;
c) The right to participate in recreational activities, sports and all aspects of cultural life.
a) Those who bring up children make a contribution for society as a whole. Recognising this educational service and relieving parents of some of the costs they have to bear for their children is the fundamental objective of the equalisation of family benefits and services.
The policy of the Federal Government aims to achieve sustained strengthening of families' material (and social) resources. It is characterised by the recognition that effective family policy must be linked to different phases and situations in life. In addition to the tool of the fiscal equalisation of family benefits and services by means of the child benefit system and allowances for children, there is thus a system of promotion, of targeted content and chronologically limited duration, orientated in line with the family situation and situation in life. Both – namely the equalisation of family benefits and services and specific assistance – were expanded and much improved by the Federal Government in the period under report, namely 1998 to 2001. The Federal Government will examine in the further expansion of economic assistance for families which statutory measures are to be taken as a consequence of the judgment of the Federal Constitutional Court dated 3 April 2001 to take account of families in long-term care insurance, and to implement this in good time by 31 December 2004.
13.1 Child benefit and allowances for children
A further development of income tax family promotion was effected taking account of the constitutional preconditions and the fiscal policy context. The Federal Constitutional Court ruled on 10 November 1998 that the regulations of the Income Tax Act applicable at that time regarding the deduction of childcare costs and of a household allowance were incompatible with Article 6 of the Basic Law. Married parents were largely excluded from claiming these provisions. The Federal Constitutional Court valued this in comparison to unmarried parents as a violation against the special principle of equality contained in Art. 6 of the Basic Law (Protection of marriage and the family) and placed Parliament under an obligation to create by 1 January 2000 at the latest a new regulation regarding the fiscal consideration of the need for care, as well as by 1 January 2002 at the latest to re-define the fiscal consideration of educational needs, also included in the minimum standard of living for children.
After the Federal Government had increased child benefit for the first and second child by DM 30 each per child from DM 220 to DM 250 as on 1 January 1999, in response to the constitutional caselaw the Act on Family Promotion dated 22 December 1999 not only made the de facto standard of living requirement tax-free from 2000 onwards, but also the need for care as a part of the minimum standard of living of a child. The requirement of the Federal Constitutional Court was met by introducing a standardised care allowance of DM 3,024 per child in section 32 subsection 6 of the Income Tax Act (EStG). This care allowance was granted irrespectively of civil status or of whether the parents worked and with no proof of costs actually incurred up to an age limit of 16. It replaced the deduction of childcare costs which had applied until then and which was restricted to single parents. Just like in 1999, the new regulation applying from the start of 2000 focused on the increase in child benefit, namely by another DM 20 for the first and second child to DM 270 per month.
13.2 Equalisation of family benefits and services 2002
The Second Act on the Promotion of Families, which entered into force on 1 January 2002, also met the constitutional mandate with regard to taking account of the need for education. The previous care allowance of DM 3,024 is in turn supplemented, in the system of offsetting of child benefit and the effect of allowances, by an educational component. For older children, the care and educational need is replaced by the training needs. Hence from 2002 with all children to be taken into account a uniform allowance of € 2,160 (DM 4,224) was set. The possibility for single parents to have this allowance fully transferred to themselves has been made even more attractive by increasing the allowance, and in many cases can lead to considerable relief already for those on a medium income.
Taking account of a child's educational requirements irrespectively of civil status replaces the household allowance that was previously restricted to single persons. In doing so, Parliament used its scope, and instead of immediate abolition provided for socially acceptable, gradual reduction of the household allowance by 2005. The steps taken here are parallel to the relief phases of the tax reform.
This time too the increase in child benefit which particularly benefits lower- and medium-income families was placed at the focus of improved family promotion. The first and second child benefit was increased for the third time in this legislative period, once more by DM 30 from DM 270 to its present level of € 154 (DM 301.20).
As to taking children into account fiscally, all parents are on principle treated equally. In taxation of parents, an amount corresponding to the minimum standard of living of their children is left tax-free because parents with children entitled to maintenance can in general afford less than persons without children with the same level of income. This is made possible by child benefit and the allowances for children. In the current year, child benefit is always paid as a fiscal remuneration. Child benefit hence replaces the deduction of the allowances for children in the income tax calculation. With the income tax assessment, the tax office then examines ex officio whether this keeps the minimum standard of living of the children tax free. If child benefit does not comply with the freedom from tax required by the constitution, the allowances for children are deducted from income, and the child benefit already received is offset against the fiscal impact of the allowances. In this case, the equalisation of family benefits and services is restricted to the necessary freedom from tax. If child benefit goes beyond this, it serves to promote families, largely families with a lower income and several children.
For children under the age of 14, the Second Act to Promote Families permits from 2002 onwards a deduction for proven income-related care costs of € 1,500 (roughly DM 3,000) if these costs exceed an amount of € 1,548 (roughly DM 3,024). With a gainful employment, higher costs are of necessity caused by care of the child in a day-care centre or by child minders. The tax deduction makes it easier to bear these costs. However, it may naturally only be an element of an improvement in the reconciliation of family and work. This regulation at the same time takes account of the special situation of single parents who particularly rely on gainful employment and childcare.
By contrast, it is no longer possible to deduct special expenses for domestic staff. If household help is employed for childcare, the cost may however be taken into account via the abovementioned new regulation.
13.3 Reform of housing benefit
The reform of housing benefit entered into force as on 1 January 2001. The reform took place with a comparatively high level of housing benefit in the new Länder. Recipients of housing benefit in the old Länder receive a monthly average of roughly DM 83 (€ 42) more housing benefit than before. This is an increase of more than 50%. Large families can even claim an average of almost DM 120 (€ 60) more. 420,000 households which were previously not entitled to receive housing benefit will in future be entitled to housing benefit for the first time or again. The improvements in benefits amount to DM 1.4 billion (€ 0.72 billion) annually. The Federal Government has hence sustainably improved the circumstances of low-income households. With the reform of housing benefit, housing benefit in the East and the West has finally been combined. Reductions in housing benefit possible in individual cases in the new Länder are compensated for by a hardship case regulation.
Single parents with children under 12, as a rule women, may receive higher housing benefit payments than other comparable households because they can use a special income allowance.
13.4 Training promotion reform
The Federal Government has set the stage in its field of competence with the reform of individual training promotion (BAföG). With the Act to Reform Training Promotion (Ausbildungsförderungsreformgesetz - AföRG) which entered into force on 1 April 2001 the Federal Government tangibly improved individual training promotion in order to facilitate better access to studies, in particular to children and young people from low-income families. An annual sum of more than DM 1 billion in additional funds (including DM 500 million from the Federal Budget) means that roughly 80,000 new entitled persons are promoted during their training. The defined requirements are being considerably increased, the maximum monthly rate increases from DM 1,030 to € 585 / DM 1,140. Furthermore, child benefit is no longer counted, allowances have been increased and promotion in the old and new Länder has been brought into line. A burden ceiling of € 10,000 has been introduced for the whole loan burden.
Promotion of students with children has been considerably improved; this applies both as to the improved consideration of care of children in the first years of life, and with regard to taking into account the need for care up to the age of ten.
13.5 Child-raising benefit
Initial reference is made to the description in Part II, 11.5.1. Furthermore, it can be stated that the new Federal Child-Raising Benefit Act also improves the preconditions for child-raising benefit with which the Federal Government rewards childcare by the parents in the first stage of a child's life. Child-raising benefit is a benefit, funded from taxes, dependent on income for mothers or fathers whether or not they are in gainful employment – in other words it is not a replacement for a wage – if they meet the personal preconditions for child-raising benefit. From 2001, higher income limits apply to unrestricted child-raising benefit from the seventh month of the child's life for the first time since 1986. The income threshold for a family with four children increases by almost 25% as a result. Child-raising benefit is up to € 307 per month and can be paid until the child's second birthday. During child-raising benefit, the parent who receives child-raising benefit may at the same time work up to 30 hours per week (under the old law it was only 19 hours per week). The new law also offers to parents the alternative to child-raising benefit of receiving up to € 460 per month, but then only up to the first birthday of the child, after which no further child-raising benefit is paid. For young parents who wish to return to full-time work soon, for instance also for fathers, this budget alternative of up to € 460 per month is nevertheless interesting. In the first six months of the child's life, more than 90% of parents receive the full child-raising benefit because of the high income threshold. From the seventh month of the child's life, the new income thresholds are also much lower, and almost 50% of those originally entitled only continue to receive the full child-raising benefit, whilst somewhat more than 30% receive a reduced child-raising benefit and almost 20% no longer receive child-raising benefit because the creditable taxable income of the parents is so far above the statutory income thresholds.
In 2000 roughly 703,000 parents (of whom roughly 97% women) received child-raising benefit in the first year of their child's life. In the second year of the child's life the number of parents receiving child-raising benefit was lower (roughly 506,000, 86% of those potentially entitled).
13.6 Financial volume
Only the increase in child benefit by almost DM 80 for the first and second child relieves the burden on families from 2002 in comparison to 1998 by roughly DM 17.7 billion, or € 9.1 billion. The whole volume of family policy benefits was € 40.2 billion in 1998 and will be € 59.2 billion in 2002, corresponding to an increase of 47 %.
b) The right to take up bank loans, mortgages and other forms of financial credit is enjoyed equally by women and by men. There are no gender-specific differences here in the Federal Republic.
c) Reference is made to the information provided in Article 10 No. 10.1 (Women and sport).
The following additions can be made as to the participation of women in cultural life:
The goal of the measures of the Federal Government is to both communicate the significance of women as creating art and culture to a broad public and to guarantee access by women to cultural life. In this context, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth for instance awarded the Gabriele Münter Prize which is among the best-known awards in the fine arts in the Federal Republic of Germany and addresses amongst others female artists over 40. With the promotion of the "Politea" and "Unequal sisters" exhibitions the intention was amongst other things to stress the contribution made by women towards the development of the Federal Republic of Germany after the 2nd World War. For the European level, the promoted exhibition was "50 European Women". The goal of equal participation by women in cultural life is also served by the promotion of the activities of the Association of the Communities of Female Artists and Art Sponsors. Reference is made in other respects to the information provided in Part I 3.4.14.
14. Article 14: Equal rights of rural women and men
Article 14
(1) States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of this Convention to women in rural areas.
(2) States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right
a) To participate in the elaboration and implementation of development planning at all levels;
b) To have access to adequate health care facilities, including information, counselling and services in family planning;
c) To benefit directly from social security programmes;
d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;
e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self-employment;
f) To participate in all community activities;
g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;
h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
There is no addition to the previous Report and to Part I 4.
15. Article 15: Equal treatment of women and men in terms of legal capacity and choice of place of residence
Article 15
(1) States Parties shall accord to women equality with men before the law.
(2) States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
(3) States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
(4) States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
There is no addition to the previous Report. As already described in the First Report, women and men have the same rights in these sectors.
16. Article 16: Equal rights of women and men in all matters relating to marriage and family relations
Article 16
(1) States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
a) The same right to enter into marriage;
b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
c) The same rights and responsibilities during marriage and at its dissolution;
d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
(2) The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
The following additions can be made to update the previous Report:
16.1 Reform of marital and family law
There have been extensive reforms of matrimonial and family law in the Federal Republic of Germany:
The Act Reforming Marriage Law (Gesetz zur Neuordnung des Eheschließungsrechts) (Marriage Law Act - Eheschließungsrechtsgesetz), which entered into force on 1 July 1998, has repealed the ban, previously applicable to women, on marriage during the prescribed "waiting period". Even under the previous law, the ban on marriage during the waiting period - a woman was not supposed to re-marry within ten months of the dissolution or annulment of her previous marriage, unless she had given birth to a child in the meantime - was hardly ever applied anyway, as the registry offices granted an exemption almost without exception. The inappropriate ban on marriage during the prescribed waiting period has been eliminated for this reason.
The Act Reforming the Law of Parent and Child, which also entered into force on 1 July 1998, brought about a fundamental reform in the law of parent and child. The main objectives of this reform are as follows:
• Children's rights are to be improved and the best interests of children promoted in the best possible way.
• The legal positions of the parents are also improved and protected against unnecessary state intervention, provided this is compatible with the best interests of the children.
• Legal differences between children born in and out of wedlock, which still existed in some sectors, are eliminated to the greatest possible extent.
The provisions contained in the Civil Code (BGB) in which the law on parent and child is contained, link after the reform only in a few, necessary areas to the fact that the parents of a child are not married (right of custody, care maintenance). The terms legitimate and illegitimate child are no longer used in the Civil Code. The provisions on child maintenance apply in equal measure to children, irrespective of whether or not their parents are married (sections 1601 et seqq. of the Civil Code).
The regulations relate mainly to parentage law, to the law on parental custody and rights of access, to the maintenance of a mother who is not married to the father of her child, to the law on family names, to the law on adoption and to the law concerning court proceedings in matters relating to the law of parent and child.
In contrast to the previous law, the new parentage law no longer assumes that a child born within a certain period after the divorce or annulment of a marriage is the offspring of the mother's former husband. This assumption of paternity proved to be unrealistic in practice - partly also because of the year of separation usually preceding the divorce - and led to a large number of petitions to have a child declared illegitimate.
Also, children born while divorce proceedings are pending, who are thus imputed to the mother's previous husband, can in future be deemed to be children of the mother's new partner following a simpler procedure. The prerequisite for this is that all those involved must consent to the recognition of paternity by the mother's new partner. The rights of the child's mother are strengthened. In future, she (and no longer the child) has to consent to the recognition of paternity.
The previous law on parental custody and rights of access did not provide for joint custody by parents who are not married to one another. The father of an illegitimate child could only obtain parental custody by way of declaration of legitimacy, in which case, however, the mother lost her parental custody. The reform of the law of parent and child now also gives parents who are not married with one another the possibility of establishing joint parental custody. The prerequisite for this is that the parents make a corresponding declaration of parental custody. Otherwise, the mother is entitled to exercise parental custody. New regulations on parental custody following separation and divorce are also intended to strengthen parents' joint responsibility. The parents retain the joint right of parental custody in these cases, unless one of the parents applies for the sole right of parental custody to be granted.
The care maintenance which the mother of an illegitimate child can claim from the father has been expanded in terms of the prerequisites for a claim and the duration of the claim first of all under the 1995 Act Amending the Act on Assistance for Pregnant Women and Families. Under the Act Reforming the Law of Parent and Child, under certain circumstances maintenance payments can be granted for longer than the existing 3-year limit.
The Act Reforming the Law of Parent and Child also aims at further development of the existing law on family names. If the parents bear a common family name, the child is also given this married name at birth. Additionally, the law on family names is in future to be geared not to a distinction between legitimate and illegitimate birth, but to parental custody for the child. If only one parent is entitled to exercise parental custody, by law the child is to be given the name of this parent as its name at birth. If the parents have joint parental custody, they can choose the name of the father or the name of the mother as the child's name at birth.
The Act Abolishing Statutory Ex Officio Guardianship and Reforming the Right to Legal Assistance (Legal Assistance Act - Beistandschaftsgesetz), which entered into force on 1 July 1998 at the same time as the Act to Reform the Law of Parent and Child, provides for further strengthening of the position of the woman. The law previously existing in the old Federal Länder was such that, following the birth of an illegitimate child, the Youth Welfare Office as a rule became the child's guardian for certain spheres of activity by operation of law, e.g. for establishing paternity, pressing maintenance claims and the settlement of the child's rights of inheritance and to compulsory portions in the event of the death of the father or his relatives. Upon the abolition of ex officio guardianship, it was replaced by legal assistance from the Youth Welfare Office, which will be responsible for establishing paternity and pressing maintenance claims, which can be applied for by all parents with sole right of parental custody.
At this point we also mention the Violence Protection Act and the Act to Improve Children's Rights which have already been dealt with in Part I 2.8 and Part I 2.9 respectively.
16.2 Law on inheritance and on maintenance
With the Inheritance Law Equal Opportunities Act, which also entered into force on 1 April 1998, a child whose father is not married to its mother is fully entitled to inherit as well as the other relatives of its father. Previously, the child whose father was not married to the mother was only entitled to a financial replacement inheritance right.
The Part of the Civil Code which expressly links to the fact that a child's parents are not married to one another ("Special provisions for the child and its parents not married to one another", sections 1615a, 1615l, 1615m, 1615n and 1615o of the Civil Code), primarily governs maintenance claims of the mother against the father. The child is granted the opportunity to obtain an interim injunction against the father to pay maintenance. This application for an interim injunction to pay child maintenance can also be filed by the mother before the birth. This provision is intended to guarantee that the child receives its maintenance payments on time and that these are not delayed because of laborious court proceedings being pending.
If a child's parents are not married to one another, the mother has the following maintenance claims against the father:
The father is obliged to give the mother child maintenance for the period of six weeks prior to and eight weeks after the birth of the child. The father must also meet the costs arising outside this period as a result of the pregnancy or the birth (section 1615l subsection 1 of the Civil Code).
Furthermore, the father is obliged over and above this period to pay the mother maintenance if as a result of the pregnancy or of an illness caused by the pregnancy or the birth she is unable to exercise gainful employment, or if she cannot be expected to exercise gainful employment because of caring for or bringing up the child. This duty of maintenance of the father begins at the earliest four months prior to the birth; it ends three years after the birth unless, taking the interests of the child into account in particular, it would be grossly unfair to refuse to extend the maintenance right after this period has expired.
The essential restriction of the right to maintenance to three years is based on the fact that the father primarily bears co-responsibility for the child. As a rule it is not necessary for the mother to devote herself to caring for the child all day after it has turned three. Experience has shown that the education of a child after reaching the age of three is guaranteed if care can be provided in a day-care centre. This possibility exists since the child has a right to a kindergarten place from this age onwards.
Restricting the right to maintenance to three years does not apply if this would be grossly unfair taking the interests of the child into account. This means that the claim can be extended beyond three years if special interests of the child require greater solidarity between the parents. Such a case may apply for instance because of a disability of the child or because of a lack of other suitable care possibilities.
If these preconditions are met, there is a compelling duty to provide maintenance from the father, in exactly the same way as with all other statutorily governed maintenance claims targeting him by the child and the mother.
Appendices
Appendix I Tables and figures
Tables 1 and 2: Population of Germany
Table 3: Women in work
Table 4: Women in education
Appendix II Overview of measures carried out since 1998 to realise the concept of equal rights
1. Statutes
2. Other measures and events with relevance in terms of policy on equal rights (since May 1998)
3. Measures carried out by the Länder equality agencies
3.1 Focus of work
3.2 General and specific measures and programmes
4. Publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on equality policy topics
4.1 Series of publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
4.2 Brochures, reports, documentation and material on the equality policy of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
5. Publications of other Federal Ministries and agencies on equality-related topics
Appendix I: Tables and figures
Population of Germany
Table: 1 Age structure (31.12.2000)
|
Age range
|
Female population
|
Male population
|
||
|
|
absolute
|
proportion of total population
|
absolute
|
proportion of total population
|
|
0 to 18
|
7.5 million
|
9.2 %
|
8.0 million
|
9.7 %
|
|
18 to 45
|
15.5 million
|
18.8 %
|
16.3 million
|
19.8 %
|
|
45 to 65
|
10.7 million
|
13.0 %
|
10.6 million
|
12.9 %
|
|
65 and older
|
8.4 million
|
10.2 %
|
5.3 million
|
6.4 %
|
Total no. of persons: 82,259,540 = 100 %
Table: 2.1 Civil status of the female population (2000)
|
Civil status
|
No. of women
|
Proportion of the female population
|
|
single
|
15.2 million
|
36.0 %
|
|
married
|
19.1 million
|
45.3 %
|
|
widowed
|
5.2 million
|
12.4 %
|
|
divorced
|
2.6 million
|
6.3 %
|
Female total: 42,103,004 = 100 %
Source: Federal Statistical Office
Table: 2.2 Number of children per family (children to 18 years)
|
Characteristic
|
Couples with children
|
Single parents
|
|||
|
|
in millions
|
proportion in %
|
in millions
|
proportion in %
|
|
|
1993
|
|
|
|
|
|
|
total
|
7.91
|
100.0
|
1.58
|
100.0
|
|
|
of whom with:
|
|
|
|
|
|
|
1 child
|
3.70
|
46.8
|
1.10
|
69.8
|
|
|
2 children
|
3.20
|
40.5
|
0.38
|
23.9
|
|
|
3 children
|
0.78
|
9.9
|
0.08
|
4.7
|
|
|
4 and more children
|
0.21
|
2.7
|
0.02
|
1.5
|
|
|
1996
|
|
|
|
|
|
total
|
7.67
|
100.0
|
1.77
|
100.0
|
|
of whom with:
|
|
|
|
|
|
1 child
|
3.56
|
46.4
|
1.20
|
67.5
|
|
2 children
|
3.12
|
40.6
|
0.46
|
25.7
|
|
3 children
|
0.78
|
10.2
|
0.09
|
5.2
|
|
4 and more children
|
0.22
|
2.9
|
0.03
|
1.6
|
|
1999
|
|
|
|
|
|
total
|
7.36
|
100.0
|
1.95
|
100.0
|
|
of whom with:
|
|
|
|
|
|
1 child
|
3.45
|
46.9
|
1.32
|
67.5
|
|
2 children
|
2.96
|
40.2
|
0.50
|
25.6
|
|
3 children
|
0.74
|
10.0
|
0.11
|
5.4
|
|
4 and more children
|
0.21
|
2.9
|
0.03
|
1.6
|
|
2000
|
|
|
|
|
|
total
|
7.26
|
100.0
|
2.00
|
100.0
|
|
of whom with:
|
|
|
|
|
|
1 child
|
3.39
|
46.7
|
1.35
|
67.8
|
|
2 children
|
2.93
|
40.3
|
0.50
|
25.2
|
|
3 children
|
0.74
|
10.1
|
0.11
|
5.4
|
|
4 and more children
|
0.21
|
2.9
|
0.03
|
1.6
|
|
2001
|
|
|
|
|
|
total
|
7.11
|
100.0
|
2.08
|
100.0
|
|
of whom with:
|
|
|
|
|
|
1 child
|
3.29
|
46.3
|
1.41
|
67.8
|
|
2 children
|
2.88
|
40.5
|
0.53
|
25.4
|
|
3 children
|
0.73
|
10.3
|
0.11
|
5.4
|
|
4 and more children
|
0.21
|
3.0
|
0.03
|
1.5
|
Source: Federal Statistical Office
Women in work
Table: 3.1 Number and proportion of women in gainful employment 1988 – 2001
(Results of the Microcensus)
|
Year
|
Total
in 000s
|
Men
in 000s
|
Women
in 000s
|
Proportion of women in %
|
|
Former Federal territory
|
||||
|
1988
|
27,366
|
16,759
|
10,607
|
38.8
|
|
1989
|
27,742
|
16,948
|
10,794
|
38.9
|
|
1990
|
29,334
|
17,585
|
11,749
|
40.1
|
|
1991
|
29,684
|
17,719
|
11,965
|
40.3
|
|
1992
|
30,094
|
17,845
|
12,249
|
40.7
|
|
1993
|
29,782
|
17,621
|
12,161
|
40.8
|
|
1994
|
29,397
|
17,270
|
12,127
|
41.3
|
|
1995
|
29,244
|
17,141
|
12,102
|
41.4
|
|
1996
|
29,276
|
17,002
|
12,275
|
41.9
|
|
1997
|
29,200
|
16,901
|
12,299
|
42.1
|
|
1998
|
29,317
|
16,901
|
12,416
|
42.4
|
|
1999
|
29,729
|
16,991
|
12,738
|
42.8
|
|
2000
|
30,009
|
17,059
|
12,950
|
43.2
|
|
2001
|
30,307
|
17,081
|
13,226
|
43.6
|
|
Year
|
Total
in 000s
|
Men
in 000s
|
Women
in 000s
|
Proportion of women in %
|
|
New Federal Länder and East Berlin
|
||||
|
1991
|
7,761
|
4,156
|
3,605
|
46.5
|
|
1992
|
6,846
|
3,778
|
3,069
|
44.8
|
|
1993
|
6,599
|
3,675
|
2,924
|
44.3
|
|
1994
|
6,679
|
3,717
|
2,961
|
44.3
|
|
1995
|
6,804
|
3,797
|
3,007
|
44.2
|
|
1996
|
6,706
|
3,704
|
3,002
|
44.8
|
|
1997
|
6,605
|
3,649
|
2,957
|
44.8
|
|
1998
|
6,544
|
3,609
|
2,935
|
44.9
|
|
1999
|
6,673
|
3,668
|
3,006
|
45.0
|
|
2000
|
6,595
|
3,621
|
2,974
|
45.1
|
|
2001
|
6,509
|
3,549
|
2,960
|
45.5
|
Source: Federal Statistical Office
Table: 3.2 Women in the individual vocational fields and proportion of women among those in gainful employment in the vocational field
Results of the Microcensus
|
Former Federal
territory
|
1987
|
1989
|
1991
|
1993
|
1995
|
1999
|
2001
|
|||||||
|
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Occupations in agriculture, animal farming, forestry and horticulture
|
522
|
43.1 %
|
462
|
42.7 %
|
449
|
41.5 %
|
407
|
40.4 %
|
360
|
39.4 %
|
291
|
35.5 %
|
283
|
35.8 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Production occupations
|
1 603
|
19.4 %
|
1 568
|
19.0 %
|
1 720
|
19.9 %
|
1 553
|
18.9 %
|
1 434
|
18.5 %
|
1 324
|
18.0 %
|
1 350
|
18.5 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Technical occupations
|
194
|
12.1 %
|
212
|
12.8 %
|
236
|
13.0 %
|
277
|
14.3 %
|
276
|
14.4 %
|
289
|
14.4 %
|
294
|
14.4 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Service occupations
|
7 915
|
51.8 %
|
8 180
|
51.8 %
|
9 173
|
53.4 %
|
9 475
|
54.4 %
|
9 687
|
54.8 %
|
10 634
|
56.2 %
|
11 090
|
56.6 %
|
|
New Federal Länder and East Berlin
|
|
|
1991
|
1993
|
1995
|
1999
|
2001
|
|||||||
|
|
|
|
|
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
in 000s
|
proportion
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Occupations in agriculture, animal farming, forestry and horticulture
|
|
|
|
|
133
|
40.7 %
|
86
|
43.2 %
|
110
|
49.6 %
|
105
|
45.1 %
|
86
|
40.8 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Production occupations
|
|
|
|
|
567
|
23.6 %
|
320
|
16.5 %
|
314
|
15.5 %
|
286
|
15.4 %
|
287
|
16.4 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Technical occupations
|
|
|
|
|
175
|
32.3 %
|
114
|
29.0 %
|
110
|
27.8 %
|
100
|
26.6 %
|
94
|
26.3 %
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Service occupations
|
|
|
|
|
2 613
|
62.2 %
|
2 261
|
61.0 %
|
2 343
|
61.0 %
|
2 463
|
60.8 %
|
2 451
|
60.1 %
|
Source: Federal Statistical Office
Table: 3.3 Spread of women in gainful employment among occupational groups
Results of the May 2001 Microcensus
|
Occupational sections/
occupational groups
|
Total in gainful
employment
000s
|
Women in gainful
employment
000s
|
Proportion of
all women in gainful
employment
%
|
Proportion of women per occupational group
%
|
|
|
|
|
|
|
|
Former Federal territory
|
|
|
|
|
|
Total in gainful employment
|
30,307
|
13,226
|
100.0
|
43.6
|
|
|
|
|
|
|
|
of whom:
|
|
|
|
|
|
Office occupations, commercial employees not named elsewhere
|
3,916
|
2,801
|
21.2
|
71.5
|
|
of whom:
|
|
|
|
|
|
General clerks, commercial employees (no further details)
|
1,668
|
1,171
|
8.9
|
70.2
|
|
Managers and salesladies
|
2,530
|
1,613
|
12.2
|
63.8
|
|
Other health service occupations
|
1,478
|
1,268
|
9.6
|
85.8
|
|
of whom:
|
|
|
|
|
|
nurses,
midwives/delivery assistants
|
629
|
524
|
4.0
|
83.3
|
|
Cleaning and waste disposal occupations
|
959
|
803
|
6.1
|
83.7
|
|
Occupations in agriculture, animal farming, forestry and horticulture
|
792
|
280
|
2.1
|
35.4
|
|
Accounting clerks, computer specialists
|
1,018
|
468
|
3.5
|
46.0
|
|
Teachers
|
986
|
548
|
4.1
|
55.6
|
|
Social occupations
|
962
|
787
|
6.0
|
81.8
|
|
(Savings) bank and insurance employees
|
814
|
395
|
3.0
|
48.5
|
|
Occupations in hotels and public houses
|
562
|
338
|
2.6
|
60.1
|
|
|
|
|
|
|
|
New Länder and East Berlin
|
|
|
|
|
|
Total in gainful employment
|
6,508
|
2,960
|
100.0
|
45.5
|
|
|
|
|
|
|
|
of whom:
|
|
|
|
|
|
Office occupations, commercial employees not named elsewhere
|
660
|
548
|
18.5
|
83.0
|
|
of whom:
|
|
|
|
|
|
General clerks, commercial employees (no further details)
|
208
|
167
|
5.6
|
80.3
|
|
Managers and salesmen
|
553
|
384
|
13.0
|
69.4
|
|
Other health service occupations
|
318
|
281
|
9.5
|
88.4
|
|
of whom:
|
|
|
|
|
|
nurses,
midwives/delivery assistants
|
154
|
140
|
4.7
|
90.9
|
|
Cleaning and waste disposal occupations
|
162
|
122
|
4.1
|
75.3
|
|
Occupations in the agriculture, animal farming, forestry and
horticulture
|
206
|
80
|
2.7
|
38.8
|
|
Accounting clerks, computer specialists
|
177
|
112
|
3.8
|
63.3
|
|
Teachers
|
218
|
141
|
4.8
|
64.7
|
|
Social occupations
|
253
|
220
|
7.4
|
87.0
|
|
(Savings) bank and insurance employees
|
116
|
71
|
2.4
|
61.2
|
|
Occupations in hotels and public houses
|
118
|
82
|
2.8
|
69.5
|
|
|
|
|
|
|
Source: Federal Statistical Office
Table: 3.4 Comparison of the incomes of women and men
1. Average gross monthly earnings of full-time employees in manufacturing *) in EUR
|
Year 1)
|
Men
|
Women
|
Ratio of women's and
men's earnings in %
|
|
|
Former Federal territory
|
||
|
1960
|
295
|
176
|
59.4
|
|
1970
|
646
|
398
|
61.5
|
|
1980
|
1,315
|
893
|
67.9
|
|
1990
|
1,866
|
1,311
|
70.2
|
|
1991
|
1,959
|
1,391
|
71.0
|
|
1992
|
2,055
|
1,462
|
71.1
|
|
1993
|
2,099
|
1,506
|
71.7
|
|
1994
|
2,190
|
1,571
|
71.7
|
|
1995
|
2,275
|
1,631
|
71.7
|
|
1996
|
2,293
|
1,664
|
72.6
|
|
1997
|
2,319
|
1,691
|
72.9
|
|
1998
|
2,370
|
1,737
|
73.3
|
|
1999
|
2,426
|
1,791
|
73.8
|
|
2000
|
2,499
|
1,842
|
73.7
|
|
2001
|
2,531
|
1,865
|
73.7
|
|
|
New Länder and East Berlin
|
||
|
1991
|
955
|
713
|
74.7
|
|
1992
|
1,237
|
891
|
72.0
|
|
1993
|
1,440
|
1,020
|
70.8
|
|
1994
|
1,528
|
1,091
|
71.4
|
|
1995
|
1,620
|
1,184
|
73.1
|
|
1996
|
1,675
|
1,249
|
74.5
|
|
1997
|
1,708
|
1,284
|
75.2
|
|
1998
|
1,744
|
1,331
|
76.3
|
|
1999
|
1,784
|
1,368
|
76.7
|
|
2000
|
1,822
|
1,411
|
77.4
|
|
2001
|
1,855
|
1,434
|
77.3
|
*) 1993 classification of economic sectors (ES93)
1) Average of four survey months
Source: Federal Statistical Office
2. Average gross monthly earnings of employees in manufacturing, wholesale and retail trade,
financial intermediation services *) in EUR
|
Year 1)
|
Men
|
Women
|
Ratio of women's and
men's earnings in %
|
|
|
Former Federal territory
|
||
|
1960
|
354
|
194
|
54.7
|
|
1970
|
750
|
440
|
58.7
|
|
1980
|
1,675
|
1,056
|
63.0
|
|
1990
|
2,499
|
1,619
|
64.8
|
|
1991
|
2,646
|
1,727
|
65.3
|
|
1992
|
2,801
|
1,840
|
65.7
|
|
1993
|
2,907
|
1,935
|
66.6
|
|
1994
|
2,977
|
2,001
|
67.2
|
|
1995
|
3,080
|
2,086
|
67.7
|
|
1996
|
3,163
|
2,164
|
68.4
|
|
1997
|
3,204
|
2,222
|
69.4
|
|
1998
|
3,270
|
2,281
|
69.8
|
|
1999
|
3,358
|
2,352
|
70.1
|
|
2000
|
3,448
|
2,428
|
70.4
|
|
2001
|
3,546
|
2,506
|
70.7
|
|
|
New Federal Länder
|
||
|
1991
|
1,150
|
867
|
75.4
|
|
1992
|
1,553
|
1,158
|
74.5
|
|
1993
|
1,845
|
1,367
|
74.1
|
|
1994
|
2,055
|
1,512
|
73.6
|
|
1995
|
2,247
|
1,652
|
73.6
|
|
1996
|
2,415
|
1,767
|
73.2
|
|
1997
|
2,483
|
1,832
|
73.8
|
|
1998
|
2,539
|
1,894
|
74.6
|
|
1999
|
2,607
|
1,952
|
74.9
|
|
2000
|
2,668
|
2,006
|
75.2
|
|
2001
|
2,721
|
2,036
|
74.8
|
*) 1993 classification of economic sectors (ES93)
1) Average of four survey months.
Source: Federal Statistical Office
Table: 3.5 Trends in female unemployment annual averages (Former Federal territory)
|
Annual average
|
Unemployed women
|
Proportion of women
|
Unemployment rate among women 1)
|
Unemployment rate
total 1)
|
|
|
No.
|
|
%
|
|
|
1970
|
55,947
|
37.6
|
0.8
|
0.7
|
|
1980
|
462,483
|
52.0
|
5.2
|
3.8
|
|
1985
|
1,014,959
|
44.1
|
10.4
|
9.3
|
|
1990
|
915,404
|
48.6
|
8.4
|
7.2
|
|
1991
|
791,688
|
46.9
|
7.0
|
6.3
|
|
1992
|
825,531
|
45.7
|
7.2
|
6.6
|
|
1993
|
993,261
|
43.7
|
8.4
|
8.2
|
|
1994
|
1,094,328
|
42.8
|
9.2
|
9.2
|
|
1995
|
1,101,233
|
42.9
|
9.2
|
9.3
|
|
1996
|
1,179,742
|
42.2
|
9.9
|
10.1
|
|
1997
|
1,280,183
|
42.4
|
10.7
|
11.0
|
|
1998
|
1,263,543
|
43.5
|
10.3
|
10.5
|
|
1999
|
1,220,002
|
44.3
|
9.8
|
9.9
|
|
2000
|
1,131,256
|
44.7
|
8.5
|
8.7
|
|
2001
|
1,099,151
|
44.4
|
7.9
|
8.3
|
1) Unemployed persons as a percentage of dependent civilians in gainful employment
Source: Federal Statistical Office
Table: 3.6 Trends in female unemployment annual averages (New Länder and East Berlin)
|
Annual average
|
Unemployed women
|
Proportion of women
|
Unemployment rate among women 1)
|
Unemployment rate
total 1)
|
|
|
No.
|
|
%
|
|
|
1991
|
529,961
|
58.1
|
12.3
|
10.3
|
|
1992
|
741,145
|
63.3
|
19.6
|
14.8
|
|
1993
|
743,320
|
63.9
|
21.0
|
15.8
|
|
1994
|
740,644
|
64.8
|
21.5
|
16.0
|
|
1995
|
660,079
|
63.0
|
19.3
|
14.9
|
|
1996
|
673,776
|
57.6
|
19.9
|
16.7
|
|
1997
|
761,890
|
55.9
|
22.5
|
19.5
|
|
1998
|
743,090
|
54.0
|
21.8
|
19.5
|
|
1999
|
719,430
|
53.5
|
20.9
|
19.0
|
|
2000
|
704,550
|
51.8
|
19.9
|
18.8
|
|
2001
|
689,118
|
50.2
|
19.4
|
18.9
|
1) Unemployed persons as a percentage of civilians in dependent gainful employment
Source: Federal Statistical Office
Table: 3.7 Self-employed persons in Germany (in 000s)
|
|
Year
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
2001
|
|
1.
|
Total self-employed persons
|
3,037
|
3,091
|
3,175
|
3,288
|
3,336
|
3,409
|
3,528
|
3,594
|
3,594
|
3,643
|
3,632
|
|
|
of whom women
|
780
|
790
|
827
|
862
|
880
|
916
|
962
|
986
|
991
|
1012
|
1012
|
|
|
Proportion of women in %
|
25.68
|
26.56
|
26.05
|
26.22
|
26.38
|
26.9
|
27.3
|
27.48
|
27.6
|
27.8
|
27.9
|
|
2.
|
Former Federal
territory
|
2,689
|
2,699
|
2,746
|
2,823
|
2,850
|
2,921
|
3,014
|
3,051
|
3,049
|
3,089
|
3,07
|
|
|
of whom women
|
682
|
677
|
698
|
726
|
739
|
773
|
806
|
827
|
830
|
845
|
844
|
|
|
Proportion of women in %
|
25.36
|
25.08
|
25.42
|
25.72
|
25.94
|
26.5
|
26.7
|
27.1
|
27.2
|
27.4
|
27.5
|
|
3.
|
New Federal Länder
|
348
|
392
|
429
|
465
|
486
|
488
|
514
|
543
|
546
|
554
|
562
|
|
|
of whom women
|
98
|
113
|
129
|
136
|
141
|
143
|
155
|
159
|
161
|
167
|
168
|
|
|
Proportion of women in %
|
28.16
|
28.83
|
30.07
|
29.25
|
28.96
|
29.3
|
30.2
|
29.3
|
29.5
|
30.1
|
29.9
|
Source: Federal Statistical Office, Microcensus 2001
Women in education
Table: 4.1 Proportion of female pupils at general schools in %
|
|
19701)
|
19801)
|
19871)
|
1991
|
1993
|
1995
|
1996
|
1999
|
2000
|
|
Primary schools
(years 1 - 4)
|
49.0
|
48.8
|
49.0
|
49.0
|
49.0
|
49.0
|
49.0
|
48.9
|
49.0
|
|
Secondary general schools
(years 5 - 9 or 10)
|
49.1
|
46.3
|
45.5
|
45.0
|
44.5
|
44.1
|
44.0
|
43.8
|
43.8
|
|
Intermediate schools
(years 5 - 10)
|
52.9
|
53.6
|
52.8
|
51.5
|
51.3
|
51.2
|
51.1
|
50.9
|
50.9
|
|
Grammar schools
years 5 - 10
years 11 - 13
|
44.7
41.4
|
50.4
49.4
|
50.8
49.8
|
53.0
52.4
|
54.1
53.5
|
54.3
54.2
|
54.3
54.7
|
53.8
55.7
|
53.8
55.9
|
|
Evening grammar schools and adult education institutions preparing for
higher education entrance
|
23.5
|
48.5
|
52.5
|
53.5
|
54.4
|
53.5
|
52.0
|
52.4
|
51.9
|
1) Former Federal territory
Source: Federal Statistical Office
Table: 4.2.1 Female trainees in selected occupational groups
|
Group of trainee occupations
|
Female trainees
|
|||||||
|
|
Total
|
Proportion of the total of
female trainees
|
||||||
|
|
1977 1)
|
1990 1)
|
1999 1)
|
20012)
|
1977 1)
|
1990 1)
|
19991)
|
20012)
|
|
|
000s
|
%
|
||||||
|
Male-dominated occupations
(0 - 20 % female trainees)
Occupations primarily practised by men
(20-40 % female trainees)
Mixed occupations
(40-60 % female trainees)
Occupations primarily practised by women
(60-80 % female trainees)
Female-dominated occupations
(80-100% female trainees)
|
13.2
26.7
105.3
119.0
246.0
|
58.8
41.0
170.5
101.9
257.7
|
50.2
40.0
136.1
79.9
245.0
|
26.7
30.3
137.0
256.4
240.8
|
2.6
5.2
20.6
23.3
48.2
|
9.3
6.5
27.1
16.2
40.9
|
9.1
7.2
24.7
14.5
44.5
|
3.9
4.4
19.8
37.1
34.8
|
|
Total
|
510.2
|
629.9
|
551.2
|
691.2
|
100
|
100
|
100
|
100
|
1) Former Federal territory
2) Germany
Source: Federal Statistical Office, calculations carried out by the Federal Institute for Occupational Research, 2001 Federal Statistical
Office, calculations carried out by i-Punkt
Table: 4.2.2 Female trainees in the ten most male-dominated training occupations in Germany 2001
|
Training occupation
|
Trainees total
|
Women
|
Proportion of the total of
female trainees
|
Proportion of men
|
proportion of women
|
|
Painter and sprayer
|
42,977
|
3,651
|
0.5
|
91.5
|
8.5
|
|
Computer specialist
|
23,931
|
2,714
|
0.4
|
88.7
|
11.3
|
|
Cabinet-maker
|
33,918
|
2,321
|
0.3
|
93.2
|
6.8
|
|
Auto mechanic
Assistant mechanic
|
79,846
|
1,460
|
0.2
|
98.2
|
1.8
|
|
Storage specialist
|
9,827
|
1,377
|
0.2
|
86.0
|
14.0
|
|
Chemical plant technician, Junior chemical plant technician
|
6,649
|
815
|
0.1
|
87.7
|
12.3
|
|
Farmer
|
7,867
|
732
|
0.1
|
90.7
|
9.3
|
|
Communication electronics specialist, computer and telecommunications
systems electronics specialist
|
16,424
|
622
|
0.1
|
96.2
|
3.8
|
|
Industrial mechanic in mechanical and systems engineering, mechanical
engineer
|
28,816
|
616
|
0.1
|
97.9
|
2.1
|
|
Precision instruments maker, industrial mechanic in equipment and precision
engineering, metal former
|
11,110
|
616
|
0.1
|
93.9
|
6.1
|
Source: Federal Statistical Office, calculations carried out by i-Punkt
Table: 4.2.3 Trainees with newly concluded training contract 2001 in the ten most common training occupations
Men Women
|
Training occupation
|
Proportion of all male
trainees
%
|
|
Training occupation
|
Proportion of all
female
trainees
%
|
|
Auto mechanic
Painter and sprayer
Electric fitter
Retail clerk
Cabinet-maker
Cook
Clerk in wholesale and foreign trade
Computer specialists
Metal worker
Brick-layer
Total in the ten most common training occupations
|
6.2
4.1
3.8
3.8
3.6
3.4
2.7
2.7
2.6
2.2
35.2
|
|
General clerk
Retail clerk
Hairdresser
Doctor's receptionist
Specialist dental employee
Trained industrial clerk
Specialist saleswoman in
foodstuffs
Office communication clerk
Saleswoman
Hotel specialist
Total in the ten most common training occupations
|
7.6
7.2
6.7
6.1
5.5
5.0
4.0
3.9
3.8
3.8
53.5
|
Source: Federal Statistical Office
Table: 4.2.4 Trainees by Länder (dual system)
|
Land
|
Trainees 1994
|
Trainees 1997
|
Trainees 2001
|
||||||
|
|
male
|
female
|
total
|
male
|
female
|
total
|
Male
|
female
|
total
|
|
Baden-Württemberg
Bavaria
Berlin
Brandenburg
Bremen
Hamburg
Hesse
Meckl. Western Pomerania
Lower Saxony
North Rhine-Westphalia
Rhineland-Palatinate
Saarland
Saxony
Saxony-Anhalt
Schleswig-Holstein
Thuringia
Germany
For information:
Former Federal territory (not incl. Berlin)
New Länder (incl. Berlin)
|
112,229
150,806
32,162
29,925
9,187
18,294
63,896
27,233
91,030
197,041
43,678
12,224
59,642
35,682
30,940
33,314
947,283
761,487
185,796
|
78,735
101,686
22,902
18,381
6,976
13,674
43,050
16,780
66,604
127,859
27,633
7,790
35,897
21,916
22,929
19,784
632,596
519,838
112,758
|
190,964
252,492
55,064
48,306
16,163
31,968
106,946
44,013
157,634
324,900
71,311
20,014
95,539
57,598
53,869
53,098
1,579,879
1,281,325
298,554
|
109,657
150,250
33,341
37,696
8,405
16,875
63,217
34,156
89,192
190,376
45,983
12,829
70,455
43,362
30,181
38,391
974,366
750,306
224,060
|
76,208
102,589
26,663
23,462
6,666
12,887
42,800
21,998
62,835
122,157
28,404
8,007
42,316
26,436
21,877
24,537
647,842
511,093
136,749
|
185,865
252,839
60,004
61,158
15,071
29,762
106,017
56,154
152,027
312,533
74,387
20,836
112,771
69,798
52,058
60,928
1,622,208
1,261,399
360,809
|
121,155
157,350
33,648
34,212
8,629
17,865
65,770
30,097
92,108
203,542
48,379
13,316
62,549
38,609
29,700
36,566
993,495
761,514
245,159
|
87,735
111,894
28,294
21,166
7,008
15,606
46,888
18,822
66,242
140,035
31,373
9,059
39,547
23,509
22,673
21,323
691,174
535,688
159,656
|
208,890
269,244
61,942
55,378
15,637
33,471
112,658
48,919
158,350
343,577
79,752
22,375
102,096
62,118
52,373
57,889
1,684,669
1,297,202
404,815
|
Source: Federal Statistical Office
Table: 4.2.5 School pre-training of trainees with newly concluded training contract 1996 and 2001
|
Type of school1)
|
Trainees
|
|||
|
1996
|
2001
|
|||
|
absolute
|
percent
|
absolute
|
percent
|
|
|
Secondary general school with no certificate
Secondary general school with certificate
Intermediate school or comparable certificate
Higher education acceptance qualification
School occupational basic training year
Specialised vocational school
Occupational preparatory year
Total
|
18,021
195,081
204,713
88,857
19,050
44,933
8,720
579,375
|
3.1
33.7
35.3
15.3
3.3
7.8
1.5
100.0
|
15,829
201,307
222,869
86,899
16,773
53,568
12,330
609,576
|
2.6
33.0
36.6
14.3
2.8
8.8
2.0
100.0
|
|
1) The category "Other/none" was two-thirds divided among secondary general
schools with certificate and one-third specialised vocational
school.
Source: Federal Statistical Office
|
Table: 4.2.6 Male and female pupils at vocational schools in the dual system by age
|
|
Pupils at vocational schools in the dual system
|
|||||
|
Pupils
|
1996/1997
|
2000/01
|
||||
|
|
Total
|
Male
|
Female
|
Total
|
Male
|
Female
|
|
|
|
|
|
|
|
|
|
Total
|
1,625,426
|
970,617
|
654,809
|
1,796,903
|
1,061,026
|
735,877
|
|
of whom aged:
|
|
|
|
|
|
|
|
15 years and younger
|
22,748
|
14,524
|
8,224
|
61,355
|
37,510
|
23,845
|
|
16 years
|
143,517
|
88,833
|
54,684
|
153,540
|
92,696
|
60,844
|
|
17 years
|
297,177
|
182,696
|
114,481
|
296,028
|
180,635
|
115,393
|
|
18 years
|
351,110
|
212,791
|
138,319
|
348,552
|
212,242
|
136,310
|
|
19 years
|
302,779
|
179,080
|
123,699
|
312,075
|
182,513
|
129,562
|
|
20 years
|
198,977
|
112,167
|
86,810
|
233,903
|
129,207
|
104,696
|
|
21 years
|
115,728
|
61,298
|
54,430
|
149,640
|
78,503
|
71,137
|
|
22 years and older
|
193,390
|
119,228
|
74,162
|
241,805
|
147,716
|
94,089
|
Source: Federal Statistical Office
Table: 4.3.1 Proportion of female students among those studying in the first university semester at
higher education institutions
|
|
Study year *)
|
||||||||||
|
|
19701)
|
19801)
|
19851)
|
1991
|
1993
|
1995
|
1997
|
1998
|
1999
|
2000
|
20012)
|
|
Higher education institutions total
|
37.8
|
40.2
|
39.8
|
41.2
|
44.4
|
47.8
|
48.6
|
48.5
|
49.3
|
49.0
|
48.8
|
|
of whom:
|
|
|
|
|
|
|
|
|
|
|
|
|
Universities
|
37.7
|
44.2
|
44.3
|
45.5
|
49.5
|
53.1
|
52.9
|
52.7
|
53.7
|
53.4
|
53.4
|
|
Art academies
|
40.9
|
45.6
|
50.5
|
50.6
|
53.5
|
57.6
|
57.6
|
56.7
|
58.3
|
56.7
|
56.6
|
|
Technical Colleges
|
-
|
30.7
|
28.9
|
29.4
|
33.0
|
36.2
|
39.2
|
39.6
|
39.8
|
38.9
|
38.0
|
*) up to 1985 incl. former Federal territory, from 1991 whole Federal Republic of Germany
1) summer semester and subsequent winter semester
2) preliminary result
Table 4.3.2 Proportion of female students among those studying at higher education institutions *)
|
|
Year
|
||||||||||
|
|
19701)
|
19801)
|
19851)
|
1991
|
1993
|
1995
|
1997
|
1998
|
1999
|
2000
|
20012)
|
|
Higher education institutions total
|
30.9
|
36.7
|
37.8
|
39.2
|
40.2
|
41.7
|
43.6
|
44.5
|
45.3
|
46.1
|
46.7
|
|
of whom:
|
|
|
|
|
|
|
|
|
|
|
|
|
Universities
|
30.7
|
38.9
|
41.1
|
42.6
|
43.8
|
45.5
|
47.3
|
48.1
|
48.9
|
49.7
|
50.3
|
|
Art academies
|
40.0
|
46.3
|
48.9
|
51.1
|
51.9
|
53.1
|
54.6
|
55.2
|
56.1
|
56.4
|
57.0
|
|
Technical Colleges
|
-
|
28.2
|
27.4
|
27.7
|
29.0
|
30.7
|
33.3
|
34.7
|
35.9
|
36.8
|
37.4
|
*) winter semester
1) up to 1985 incl. former Federal territory, from 1991 whole Federal Republic of Germany
2) preliminary result
Source: Federal Statistical Office
|
Germans taking up studies in the first higher education
institution in the first semester (winter semester)
at universities by groups of subjects in %
|
|||||||||||
|
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
|
Law, economics, social sciences
|
38.3
|
40.3
|
41.0
|
42.7
|
41.4
|
44.4
|
45.2
|
45.1
|
46.2
|
47.8
|
48.0
|
|
Languages, cultural science, sport
|
67.8
|
69.7
|
71.1
|
71.8
|
71.5
|
73.2
|
72.1
|
71.7
|
71.7
|
72.7
|
73.0
|
|
Mathematics, natural sciences
|
34.9
|
35.6
|
37.5
|
39.2
|
40.0
|
43.8
|
44.5
|
43.6
|
41.9
|
42.0
|
40.4
|
|
Engineering
|
12.7
|
14.8
|
16.7
|
19.6
|
20.3
|
23.6
|
23.6
|
21.9
|
21.7
|
22.9
|
22.7
|
|
Human medicine
|
42.1
|
49.7
|
48.3
|
49.7
|
51.9
|
55.4
|
52.9
|
53.3
|
56.5
|
57.9
|
63.6
|
|
Veterinary medicine
|
74.4
|
76.7
|
78.0
|
82.0
|
78.3
|
80.9
|
78.0
|
80.5
|
82.1
|
88.0
|
85.4
|
|
Art/aesthetics and art history
|
68.2
|
69.4
|
71.4
|
70.9
|
73.8
|
72.4
|
72.5
|
72.2
|
71.5
|
74.5
|
74.9
|
|
Agriculture/forestry/nutrition
|
49.9
|
51.8
|
54.1
|
54.5
|
56.2
|
57.9
|
60.7
|
59.3
|
61.5
|
62.7
|
61.2
|
|
Universities total ...
|
42.2
|
44.7
|
46.4
|
48.8
|
49.4
|
52.7
|
52.6
|
51.9
|
51.6
|
52.6
|
52.4
|
Source: Federal Statistical Office
|
Germans taking up studies in the first university
semester (winter semester) at Technical Colleges *)
by groups of subjects - proportion of females among
total
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
|
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
2000
|
||||||||||
|
Law, economics, social sciences
|
53.7
|
53.9
|
54.6
|
54.6
|
53.0
|
53.9
|
54.0
|
54.6
|
56.1
|
55.6
|
55.9
|
||||||||||
|
Engineering
|
11.6
|
13.0
|
15.6
|
16.1
|
16.9
|
17.9
|
18.1
|
19.8
|
20.3
|
20.9
|
20.4
|
||||||||||
|
Mathematics, natural sciences
|
23.0
|
22.4
|
19.9
|
18.4
|
16.9
|
19.4
|
19.0
|
20.3
|
20.5
|
22.5
|
22.2
|
||||||||||
|
Agriculture/forestry/nutrition
|
44.9
|
45.5
|
47.3
|
49.3
|
49.6
|
52.0
|
55.7
|
53.1
|
53.0
|
54.1
|
54.2
|
||||||||||
|
Art aesthetics and art history
|
57.7
|
57.3
|
61.6
|
60.0
|
59.9
|
60.8
|
61.0
|
63.7
|
63.9
|
65.7
|
64.8
|
||||||||||
|
Languages, cultural science
|
78.9
|
81.2
|
80.1
|
75.5
|
76.6
|
74.7
|
77.7
|
76.2
|
74.3
|
71.1
|
71.2
|
||||||||||
|
Technical Colleges total...
|
28.0
|
29.6
|
32.4
|
32.7
|
33.7
|
36.3
|
37.2
|
38.9
|
39.3
|
39.5
|
38.7
|
||||||||||
*) not including Administration Colleges
Source: Federal Statistical Office
Table: 4.4 Women in education and science 2000 total
|
|
Women
in %
|
|
|
|
|
School-leavers with high school graduation
|
53.6
|
|
|
|
|
New students at higher education institutions
|
49.2
|
|
|
|
|
Students
|
46.1
|
|
|
|
|
Graduates
|
44.8
|
|
|
|
|
Doctoral students
|
34.3
|
|
|
|
|
Academic and artistic staff at higher education institutions
|
30.4
|
|
|
|
|
Lecturers and assistants at higher education institutions
|
25.1
|
|
|
|
|
Lectureship candidates
|
18.4
|
|
|
|
|
C2 professorships
|
14.9
|
|
|
|
|
C3 professorships
|
11.0
|
|
|
|
|
C4 professorships
|
7.1
|
Source: Federal Statistical Office
APPENDIX II:
1.) Statutes
April 1998 The Act on Equality under Inheritance law (Erbrechtsgleichstellungsgesetz) enters into force on 1 April 1998. This Act affords to children whose fathers are not married to their mothers full inheritance rights in addition to the other relatives of the father. Previously, a child whose father was not married to the mother was only entitled to a substitute inheritance right in money.
July 1998 The Act Amending the Civil Code and the Labour Courts Act (Gesetz zur Änderung des Bürgerlichen Gesetzbuches und des Arbeitsgerichtsgesetzes) enters into force on 3 July 1998. The Act is in response to the judgment of the European Court of Justice dated 22 April 1997 (file ref. C-180-95), in which the Court reached the conclusion that the regulations extant in Germany concerning equal treatment of men and women when initiating employment were in part incompatible with European law. In German law, an employer must provide compensation if they have acted in a discriminatory manner when initiating employment. The compensation provided for by section 611a subsection 2 of the Civil Code (BGB) is designed to be irrespective of guilt. The employer is also liable for the misconduct of persons acting on their behalf in filling the post for them.
July 1998 The Act Reforming the Law of Parent and Child (Kindschaftsrechtsreformgesetz) and the Legal Assistance Act (Beistandschaftsgesetz) enter into force. The Act Reforming the Law of Parent and Child eliminates almost all differences in the treatment of children born within and outside wedlock. For the first time, parents who are not married to one another may assume parental custody of their children jointly. Under parentage law, the mother of the child has stronger rights in recognising and disputing paternity: Recognition of paternity is only effective with her consent; the mother of the child receives her own right to dispute paternity. The ex officio guardianship of the youth welfare office for children born out of wedlock is replaced by legal assistance described as an offer of assistance by the youth welfare offices to be accepted on a voluntary basis for establishing paternity and maintenance.
December 1998 The Act to Protect Witnesses in Questioning in Criminal Proceedings and to Improve Victim Protection - Witness Protection Act (Gesetz zum Schutz von Zeugen bei Vernehmungen im Strafverfahren und zur Verbesserung des Opferschutzes - Zeugenschutzgesetz) enters into force on 1 December 1998. The Witness Protection Act improves the possibilities of a accessory prosecution incidental to criminal proceedings. Furthermore, the use of video technology is introduced in criminal proceedings. Stressful repeat questioning sessions can thus be avoided, and victims can be spared the oppressive hearing atmosphere of the courtroom and the confrontation with the tormentor. Moreover, it was provided that under certain circumstances counsel for the witness for questioning or counsel for the victim could be appointed at the expense cost of the state for the duration of the proceedings.
January 1999 Amendment to the Federal Child Benefit Act (Bundeskindergeldgesetz)
The child benefit for the first and second child increased as on 1 January 1999 and is DM 250 each (= € 127.82) per month.
August 1999 The Second Act Amending Book III of the Social Code (Zweites Gesetz zur Änderung des Sozialgesetzbuches III - SGB III) enters into force on 1 August 1999. Improvements relevant to women were made in labour promotion law.
January 2000 Amendment to the Federal Child Benefit Act
The child benefit for the first and second child is increased as on 1 January 2000 and is DM 270 each (= € 138.05) per month.
Introduction of a care allowance of DM 3,024 (= € 1,546.15) for children up to the age of 16. Together with the previous child allowance amounting to DM 6,912 (= € 3,534.05) the fiscal allowances for children are increased to DM 9,936 (= € 5,080).
January 2000 Judgment of the European Court of Justice (ECJ) declares statutory regulations in Germany excluding women from the voluntary armed service in the Armed Forces to be incompatible with the European equal treatment directive 76/207/EEC.
June 2000 Act Amending the Aliens Act (Gesetz zur Änderung des Ausländergesetzes) enters into force on 1 June 2000. Section 19 of the Aliens Act governs the independent right of residence of foreign spouses in the event of the dissolution of the marital community. Foreign spouses now receive their own right of residence in the event of separation after two years, instead of the previous four. The hardship clause, in accordance with which an independent right of residence may be awarded before this period expires, has also been redesigned.
July 2000 Judgment of the European Court of Justice (ECJ) confirms the compatibility with European equal treatment directive 76/207/EEC of measures to promote equal opportunities for women and men, in particular by eliminating the de facto inequalities harming women's opportunities.
November 2000 Act to Outlaw Violence in Education and Amending the Law on Child Maintenance (Gesetz zur Ächtung der Gewalt in der Erziehung und zur Änderung des Kindesunterhaltsrechts). The Act pronounces a right for children to be brought up without violence and prohibits physical punishment, emotional injury and other humiliating actions.
December 2000 The Amendment of Article 12a para. 4 second sentence of the Basic Law (Grundgesetz) enters into force on 23 December 2000. Voluntary service by women using firearms in the Federal Armed Forces now has a constitutional basis, and women are enabled to gain access to all fields of the armed forces.
January 2001 New regulations on the Federal Child-Raising Benefit Act (Bundeserziehungsgeldgesetz) enter into force on 1 January 2001. They apply to children born or adopted after 1 January 2001. The entry into force of the new Act replaces the term child-raising leave with the new designation parental leave. The amendments to the Federal Child-Raising Benefit Act improve the framework for the compatibility of family and work and the financial situation of families:
• For the first time since 1986, the income limits for child-raising benefit have been increased. Child-raising benefit is now also offered as a budget (higher amount – shorter term).
• For the first time, mothers and fathers may take parental leave (previously referred to as child-raising leave) at the same time within an unchanged duration of a maximum of three years.
• On principle both parents have a legal right to work part-time during parental leave, which applies in companies with more than 15 employees. Mothers and fathers may now work up to 30 hours per week each instead of the previous 19. This opens up to parents, and to fathers in particular, new possibilities of sharing gainful employment and family work.
• There is a right to return to the previous working hours on expiry of parental leave.
• There is a possibility to take a year's parental leave between the child's third and eighth birthdays if the employer agrees.
January 2001 The Act on Part-Time Working and Fixed-Term Employment Contracts (Gesetz über Teilzeitarbeit und befristete Arbeitsverträge) enters into force on 1 January 2001. This Act grants for the first time a general legal entitlement to work part-time in private industry in companies with more than 15 employees if no operational reasons exist opposing this.
March 2001 Entry into force of the "Brussels II Ordinance", which in all EU Member States apart from Denmark creates uniform regulations as to court jurisdiction and the recognition and execution of rulings in marital matters and in proceedings regarding parental responsibility of both parents for their children.
July 2001 The Ninth Book of the Social Code (Neuntes Sozialgesetzbuch IX) enters into force on 1 July 2001. The main concern of the Ninth Book of the Social Code is to coordinate the services and cooperation of the service-providers by means of effective tools. The goal of the social services is to promote social participation by persons living with and threatened by disabilities, in particular at work.
July 2001 The Act to Reform the Works Constitution Act (Gesetz zur Reform des Betriebsverfassungsgesetzes) enters into force on 28 July 2001. It improves equal opportunities of women and men in companies.
August 2001 The Life Partnerships Act (Lebenspartnerschaftsgesetz) enters into force on 1 August 2001.
Homosexual couples can have their partnership officially registered. Same-sex life partners are recognised as family members. They are obliged to care for and support one another, to plan their lives together, and they enter into maintenance obligations towards one another.
December 2001 The Federal Act on Implementing the Concept of Equal Opportunities between Women and Men (Gesetz zur Durchsetzung der Gleichstellung von Frauen und Männern - Bundesgleichstellungsdurchsetzungsgesetz) enters into force on 5 December 2001. This Act makes it possible to give preference to women with the same aptitude, qualifications and professional achievements in training, recruitment and promotion in areas where women are underrepresented, taking account of individual cases. It entails improvements in reconciling family and work and provides both for the promotion of equality as an express task for all employees with managerial functions and provides more competences for the equality commissioners. It contains further regulations on part-time work. Thus, posts with superior and management functions are also to be advertised to be filled on a part-time basis unless compelling official reasons stand in the way of this. Furthermore, it is to be made easier for part-time public servants with family duties to return to full-time employment.
January 2002 Amendment to the Federal Child Benefit Act
Child benefit is increased as on 1 January 2002 and is now also for the first and second child as previously already for the third child Euro 154 each per month. From the fourth child benefit is Euro 179 each per month.
January 2002 The Act to Improve Civil Court Protection in the Event of Violent Acts and Unwelcome Advances, as well as to Facilitate Relinquishment of the Marital Home in the Event of Separation - Act to Protect Against Violence (Gesetz zur Verbesserung des zivilgerichtlichen Schutzes bei Gewalttaten und Nachstellungen sowie zur Erleichterung der Überlassung der Ehewohnung bei Trennung – Gewaltschutzgesetz) enters into force. In addition to introducing the simplified relinquishment of the marital home, it also contains express regulations for a ban on contact, harassment and coming close. If violent acts have taken place in close social proximity, the Act gives a right to relinquishment of the home, if the offender and victim – in most cases the women - had established a joint household in the long term.
January 2002 The Act to Improve the Legal and Social Situation of Prostitutes (Gesetz zur Verbesserung der rechtlichen und sozialen Situation der Prostituierten) enters into force. Prostitutes now have the legal possibility to exercise their work either on a self-employed basis under good working conditions which they establish themselves, or in dependent employment with social insurance. The punishability of promotion of prostitution and of pimping was restricted to cases of exploitation of the personal and economic dependence of prostitutes.
January 2002 The Job AQTIV Act (Job-AQTIV-Gesetz) enters into force on 1 January 2002. Aqtiv stands for the German words meaning Activating, Qualifying, Training, Investing and Communicating. The goal of the Act is to promote the equality of women and men on the labour market by expanding specific labour market policy measures for women. Furthermore, the Job AQTIV Act contributes towards better reconciliation of family and work. This goal is served by increasing the allowances for childcare costs (€ 130 per child per month) if unemployed persons take part in measures of occupational basic and further training. From 2003 onwards for persons subject to obligatory social insurance, the gap periods related to maternity benefit and childcare up until the child's third birthday apply once more as contribution periods in unemployment insurance.
January 2002 The Reform of the Advancement Further Training Assistance Act ("Meister-BAFöG") enters into force on 1 January 2002. Better promotion conditions now apply to families with children and to single parents.
January 2002 Ratification of the Optional Protocol to the United Nations CEDAW Convention by the Federal Government on 15 January 2002. The CEDAW Optional Protocol enters into force for the Federal Republic three months after ratification, i.e. on 15 April 2002.
April 2002 The Act to further Improve Children's Rights – Children's Rights Improvement Act (Gesetz zur weiteren Verbesserung von Kinderrechten - Kinderrechteverbesserungsgesetz) enters into force on 12 April 2002. In particular it facilitates the removal of violent persons from the immediate environment of the child.
May 2002 The Act on Equal Opportunities for Disabled Persons (Gesetz zur Gleichstellung behinderter Menschen - BGG) enters into force on 1 May 2002. The Act on Equal Opportunities for Disabled Persons opens up to disabled persons new possibilities for self-determination and equal participation in social life. By creating barrier-free environments on a broad scale and prohibiting discrimination by those exercising governmental power, the prohibition of discrimination contained in Article 3 of the Basic Law was comprehensively implemented. To enforce equal rights for women and men, the special concerns of disabled women are to be taken into account and the existing discrimination eliminated (section 2 BGG Disabled women). Furthermore, it is made clear that special measures are permissible here to promote the de facto enforcement of equal rights for women with disabilities and to eliminate existing discrimination.
June 2002 The Amendment to the Maternity Protection Act (Mutterschutzgesetz) enters into force on 20 June 2002. The maternity protection period for all mothers totals at least 14 weeks, i.e. including those who give birth earlier than expected. It was additionally clarified that the bans on employment under the law on maternity protection count as working hours for calculating leave.
2.) Other measures and events with relevance in terms of policy on equal rights (since May 1998)
May 1998 The Second Report of the Federal Government on the Proportion of Women in major Bodies within the Sphere of Influence of the Federation (Zweiter Bericht der Bundesregierung über den Anteil von Frauen in wesentlichen Gremien im Einflussbereich des Bundes) is submitted to the German Federal Parliament.
June 1999 Adoption of the "Women and work" programme. The Federal Government's "Women and work" programme includes amongst others measures on the promotion of women in private industry, awards to exemplary enterprises which are earned by structuring of working hours, establishing childcare facilities or targeted promotion of women, such as by the Total E-Quality prize or the family and work audit. The stage has been set for small start-ups, for instance, with the German Equalisation Bank's new STARTGELD loan programme, which targets the promotion of women starting up in business. Further measures serve to expand the application spectrum for young women, especially in the IT sector. A further goal is to improve the framework for reconciliation of family and work for mothers and fathers, whilst at the same time encouraging a new perception for men. This includes making child-raising leave flexible and increasing the income limits for receipt of child-raising benefit. This legal amendment is accompanied by a campaign targeting fathers.
December 1999 With the Plan of Action to Combat Violence against Women, the Federal Government for the first time submitted a comprehensive overall concept for all levels of the fight against violence. This is intended to achieve structural changes: From prevention, through work with offenders and better networking of assistance offerings for victims through to legal measures such as the Act to protect against Violence for women and greater awareness-creation among the public. The "Act to protect against Violence" provides for simplified relinquishment of the marital dwelling and statutory regulations for a ban on contact, harassment and coming close imposed on the violent partner. The Plan of Action strengthens cooperation between state institutions and non-governmental projects, promoting the national networking of assistance offerings and the relatively recent area of work with offenders.
September 2000 Amendment of the Joint Rules of Procedure (Gemeinsame Geschäftsordnung der Bundesministerien) as on 1 September 2000. (GMBl. p. 526). The Rules apply to all Federal Ministries and declare the equality of women and men to be the overall guiding principle within the meaning of Gender Mainstreaming. The Federation's legal and administrative provisions are in future to be written in gender-neutral language.
December 2000 The Federal Government submits to the German Federal Parliament the Fourth Report on the Advancement of Women in the Federal Service in the period under report 1995 - 1998 and the Draft of the Act on Equal Opportunities in the Federal Administration and in the Courts of the Federation.
January 2001 On 2 January 2001, 244 female recruits for the first time started their voluntary armed service in the Federal Armed Forces. The opening of the Federal Armed Forces for this voluntary armed service for women is new, and hence a challenge for the Federal Armed Forces, as well as for women who have fought for their right to render armed service.
May 2001 Report on the health situation of women in Germany. A stock-take taking account of the different trends in Eastern and Western Germany. This report, published by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, provides for the first time data and extensive scientific knowledge on the health of women at Federal level, as well as a description and analysis of gender- and class-specific differences.
July 2001 The Federal Government reaches an agreement on the promotion of equal opportunities in private industry with the national associations of German industry.
May 2002 Report on the Occupational and Income Situation of Women and Men. The Federal Government submits to the German Federal Parliament a comprehensive report on the wage and income situation of women and men.
May 2002 The "Third Report of the Federal Government on the Proportion of Women in Major Bodies in the Field of the Federation" (3rd Bodies Report) is adopted by the Federal Cabinet. It shows a slight increase in the proportion of women in the bodies in the field of influence of the Federation. The Federal Equal Opportunities Act for the Federal Service increased women's chances of reaching managerial positions. This also increases the opportunities to appoint more women to high-ranking bodies since bodies are mostly occupied with managerial staff.
June 2002 Study of "The role of the Father in the Family". The study investigates the role of fathers in the family development process and reaches interesting conclusions concerning the basic preconceptions of fatherhood and the factors that influence it.
3.) Measures carried out by the Länder equality agencies
3.1 Focus of work
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a)
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School, education and training
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b)
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Working life, vocational promotion of women
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c)
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Reconciling family and work
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d)
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Reintegration into working life
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e)
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Violence against women and girls
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f)
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Foreign women
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g)
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Women in science and research, research into women
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h)
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Social security for women
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i)
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Housing, urban, transport and regional planning
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j)
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Local policy on women
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k)
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Promotion of girls
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l)
m)
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Legal language
Women's non-governmental organisations
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n)
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Health
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o)
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Lesbians and gays
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p)
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Women in art, culture and sport
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q)
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Women with disabilities
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r)
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Women and bodies
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s)
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Women, media, public relations work and other measures
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t)
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Gender Mainstreaming
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3.2 General and specific measures and programmes
(This list is not exhaustive. It covers measures from 1998 to July 2002.) The summary is in alphabetical order of the Länder. Measures have been brought to the front which are being carried out by several Länder.
a) School, education and training
- Girls' Activity Days on the vocational orientation of girls (Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony)
- Entrenching content relevant to equal opportunities and foci in the framework curricula for all levels and forms of school (Saxony-Anhalt, Thuringia)
- Gender-specific school projects "Schools media campaign" (Baden-Württemberg)
- Publication of a hand-out entitled "Finishing training – Financial assistance for young mothers in vocational training" (Berlin)
- Girls' job workshop (Berlin)
- Equal rights at school – Biennial report on measures to reduce gender-specific discrimination at school (Berlin)
- Round table on the topic of equal opportunities for girls and boys at school (Berlin)
- Pilot scheme entitled "Girls are better – boys too", solving conflicts between girls and boys – a contribution towards promoting social competences at elementary schools (Berlin)
- Training of girls in girls' classes to become computer and telecommunications systems electronics specialists (Berlin)
- Results of the pilot trial by the Bund/Länder Commission for Educational Planning and Research Promotion entitled "Vocational orientation for girls and boys - a pilot trial to test, develop and implement work-orientated and gender-aware training" (Brandenburg)
- Empirical study entitled: Life planning on reserve. Boys and girls in Brandenburg between the training and employment systems (Brandenburg)
- School form and supra-subject teaching material for years 7 to 11 (Brandenburg)
- Workshop book "Making boys strong. Modernising boys' plans" (Brandenburg)
- Material on vocational and life planning: Division of labour in the East and West after 1945 (Brandenburg)
- Specialist conference on co-education "All in the same boat" (Bremen)
- Mentoring in vocational orientation of girls (Bremen)
- Project entitled vocational orientation for girls in the IT area (Bremen)
- Part-time training measures for young mothers (Bremen)
- Events to motivate girls to deal with computers and new media occupations (Bremen)
- Promotion of the media competence of girls and boys: "Learning to surf the net" (Hamburg)
- Brochure entitled "Girls can become anything" for pupils and their parents (Hamburg)
- Increased involvement of parents in school vocational orientation, brochure entitled: "Sure we parents are important – somehow!? Aid for parents in selecting occupation (not only) of daughters"; brochure for teachers entitled: "Service book work with parents on the process of selecting occupation (not only) of girls" (Hamburg)
- Computer courses for girl pupils from lower secondary school in the autumn holidays (since 1999) (Hesse)
- Brochure providing information on IT occupations and technical occupation fields for girls in lower and upper secondary school (Hesse)
- Co-funding a CD-ROM "Joblab" for vocational orientation in vocational areas that are untypical for girls (Hesse)
- Equality as a task for schools entrenched in the Schools Act (Schulgesetz) (Mecklenburg-Western Pomerania)
- Pilot project entitled "Girls and boys – Accommodation and promotion of their special possibilities in school" with documentation and specialist conferences on this topic (Mecklenburg-Western Pomerania)
- Wandering exhibition "Occupations are gender-neutral"
* on the orientation of girls in selecting an occupation
* motivating girls to expand their vocational spectrum
* on a critical debate of the "secret careers advisors" and the
economic and careers-related players (Mecklenburg-Western Pomerania)
- Regulations on the participation and special vocational promotion of women
(promotion criteria such as part-time measures, taking over childcare costs, etc.)
(Mecklenburg-Western Pomerania)
- Women's training network (Mecklenburg-Western Pomerania)
- Work aid to develop phase plans and personnel measures (Lower Saxony)
- First Report of the Land Government on the implementation of the Lower Saxony Equal Rights Act (Lower Saxony)
- Development and dissemination of teaching materials intended to counter traditional role models (North Rhine-Westphalia)
- Self-assertion and conflict training initiative programme at schools for girls and boys (North Rhine-Westphalia)
- Information materials on the pilot project entitled "Girls and job-finding" for careers lessons at various schools (North Rhine-Westphalia)
- Dealing with the problem of reflexive co-education such as in the framework of projects of gender-differentiated learning in and in (computer) science subjects (North Rhine-Westphalia)
- Ada Lovelace project to initiate a network of "Female mentors for courses of study in technical and natural science subjects" (Rhineland-Palatinate)
- Ada Lovelace project, network "Dual training" (Rhineland-Palatinate)
- Computer workshop for girls since 1998 (Rhineland-Palatinate)
- Pilot project entitled "Outlook for girls", expansion of the vocational selection spectrum for girls (Saarland)
- PC week for girls in grades 9 and 10 (Saarland)
- KOUS pilot trial (Cooperation with Enterprises as a Contribution towards the Development of a School Curriculum) on vocational orientation, taking particular account of girls (Saarland)
- Joint specialist conference entitled "New learning cultures" on the vocational orientation of the KOUS pilot project and of the "Outlook for girls" project (Saarland)
- Vocational training place promotion "Girls in commercial and technical training directions" (Saxony)
- PC courses for girls "Girls get ready at the PC" (since June 2000) (Saxony)
- Promotion of measures to support girls and young women in selecting a vocation (since January 2002) (Saxony)
- Training projects for single mothers receiving social assistance (Saxony)
- Implementation of a Land Government plan of action on the "Promotion of girls and young women in future-orientated vocations" (Saxony-Anhalt)
- Internet project entitled "Future-orientated vocations for girls on the Internet" (Saxony-Anhalt)
- "Time planner for girls" (a homework book supporting career-finding for girls in future-orientated vocations) (Saxony-Anhalt)
- Setting the goal in the "Principles for action for allowances to establish project-related training networks" that women and girls are to receive particular support for in-house vocational training (Saxony-Anhalt)
- Computer and Internet courses for women and girls, in particular in rural areas (Project "Mobile Cyber Queen") (Saxony-Anhalt)
- Brochure entitled "Conflicts-Aggression-Violence Prevention and how to deal with it constructively" (Principles and suggestions for practical work in schools) and continuation of the brochure entitled "Movement at school") (Saxony-Anhalt)
- Implementation of a concept of the Land Government on "Equal opportunities for girls and boys at schools" (Saxony-Anhalt)
- Equality commissioners at state school offices appointed and voluntary equality commissioners elected at schools (Saxony-Anhalt)
- Curriculum for primary and secondary schools "Fit and strong for life" (gender-specific personality development) (Saxony-Anhalt)
- Brochure entitled "Equal rights for girls and boys, women and men in school books of the Land of Saxony-Anhalt"
"School, gender, vocational future – gender-aware teaching as a cornerstone for equal-rights life planning and vocational orientation"
"Equal opportunities for girls and boys at schools in Saxony-Anhalt"
- Development of teaching material and certificates of apprenticeship, intended to counter the traditional role preconceptions (Saxony-Anhalt)
- Initiation of the project entitled "Women and men as fine artists at schools" (Saxony-Anhalt)
- Annual award of a Land prize to promote equal opportunities for girls and boys at schools (Saxony-Anhalt)
- Various projects within the framework of the initiative entitled "Online - it's women's turn" (Schleswig-Holstein)
- Accompanying study on the implementation of the computer week for female pupils (Schleswig-Holstein)
- Vocational information fair for girls in the IT field (Schleswig-Holstein)
- Series of further training for "trustees" (in accordance with the Thuringian Equality Act [ThürGleichG]) at schools in Thuringia with the aim of creating an awareness of the topic of equality and its implementation in teaching (Thuringia)
- Inclusion of the "Equality aspects" criterion in the list of criteria checked on approval of school books (Thuringia)
- Project on the vocational orientation of girls towards commercial and technical occupations and scientific and technical studies: Calendar "Vocational opportunities for girls" (since 1999, now in its 3rd edition) (Thuringia)
- Fair "Women and business – more successful together": vocational information day for pupils (2000) (Thuringia)
b) Working life, vocational promotion of women
- Regular reporting on the application and effectiveness of the Land Equality Act and Ordinance on the Advancement of Women, taking particular account of the development of the employment situation of women in the Land administration (Berlin, Brandenburg, Hamburg, Hesse)
- Competition entitled "Women-friendly company" (Brandenburg, Bremen, North Rhine-Westphalia, Saxony-Anhalt, Thuringia,)
- Promotion of "Women and work" advice agencies (Baden-Württemberg, Brandenburg, Hesse, Saarland, Saxony-Anhalt, Schleswig-Holstein)
- Women's Funding Forum providing information to women starting up or already in business to provide information and advice and to offer an opportunity for networking of women starting up in and already in business (Baden-Württemberg, Berlin, Bremen, Mecklenburg-Western Pomerania)
- Women's IT Forum, information on vocational opportunities for women in the IT sector (Baden-Württemberg, Brandenburg)
- Women's commissioners in the area of application of the Land Equality Act (Saarland, Schleswig Holstein)
- Pilot project on "Part-time work in managerial positions" (Rhineland-Palatinate, Saarland)
- Land competition 2000 and 2002: "Equal opportunities for women and men in companies" (Baden-Württemberg)
- Women's forum: Women in companies – an opportunity to innovate in the economy (Baden-Württemberg)
- Brochure entitled "Women in Multimedia and IT vocations" (Baden-Württemberg)
- Specific support offerings for women in the framework of the Baden-Württemberg initiative for business start ups
- Female entrepreneurs fora (Baden-Württemberg)
- Study of gender-typical succession problems in small and medium-sized enterprises (promotion programme on research into women) (Baden-Württemberg)
- Mentoring initiative of the women's commissioner of the Land Government to increase women's representation in managerial positions and the project: 'Advancement promotion for mentoring of women' (Baden-Württemberg)
- Work aid to implement Art. 16-19 of the Bavarian Equality Act
- Activation of the knowledge of experienced female specialists and managers in the Expert Advice Network (Berlin) gathered through their own experience
- Implementation of measures to open up new fields of occupation and employment, in particular in the field of new technologies for the diversification of the vocational spectrum (Berlin)
- Improving the competitive chances of women on the labour market by means of future-orientated, innovative skill-building measures adapted to the structural changes within the economy (Berlin)
- Establishment of a "Gender advisory council to accompany the interventions of the European Structural Fund in the Land of Berlin" to create a discussion forum between NGOs, the administration and players in labour market policy, as well as academia (Berlin)
- Reform of the Berlin Land Equality Act (LGG), 2001. Issuance of the Ordinance on Statistical Information and Analyses on the Employment Structure and on Appointments to Bodies for the Report on the Implementation of the Land Equality Act (Equality Report Ordinance – GleiBV) (Berlin)
- Networking of pilot projects for women with the advice offerings of the crafts and establishment of a competence centre for "Women and Crafts" (Berlin)
- Publication of the hand-out for small and medium-sized enterprises "Successful in competition and in the future with women. Practical implementation of the Advancement of Women in Berlin" (Berlin)
- Interministerial committee on equality between women and men (IMA) chaired by the Ministry of Labour, Social Affairs, Health and Women. Attended by: equality commissioners of the supreme Land authorities and other interested equality commissioners. Focus: Implementation of the Land Equality Act in the public administration of the Land (Brandenburg)
- Specialist conference on the topic of "Five years of the Land Equality Act of the Land of Brandenburg" with documentation (published December 1999) (Brandenburg)
- Investigation of the experience with the advancement of women in selected enterprises of the Land of Brandenburg – Brochure entitled "Women-friendly tenderisers preferred – When public contracts are linked to the employment of women" (published by the Ministry of Labour, Social Affairs, Health and Women of the Land of Brandenburg 2001) (Brandenburg)
- Mentoring – "Initiative of the Land of Brandenburg – successful together for more women in managerial positions" (Brandenburg)
- Feasibility study: Gender Mainstreaming in the structural promotion of the Land of Brandenburg
- Pilot projects "Quirl" and "Mobs" service agencies (Bremen)
- Creation of an Advice Network of Women (Bremen)
- Course and series of seminars entitled "Women - target-orientated and successful at work" (Bremen)
- Internet courses for female multipliers (Bremen)
- Information brochure on the labour market situation of women (Bremen)
- Information brochure on part-time employment for those approaching retirement (Bremen)
- women@work – congress and company contact exchange (Hamburg)
- "digitelle – women's New Media forum" (Hamburg)
- Internet course for female senior citizens together with the Educational Science Department at the University (Hamburg)
- Study entitled "Women in future-orientated occupations – Multimedia Opportunity" (2002) (Hamburg)
- Study entitled "Women as business starters" (Hamburg)
- Brochure entitled "Interrupting work and reintegration" (Hesse)"
- Programme for those starting up in business for women (fairs for female entrepreneurs, advice, mentoring for women starting up in business) (Hesse)
- Updating the 2002 Hesse Equal Rights Act – inclusion of elements of the new administrative control and personnel development (Hesse)
- Competition entitled "Women-friendly company of the year" (Hesse)
- Information and technology field – Educational and coaching offerings for women (Hesse)
- Pilot project for employees on parental leave (Hesse)
- Brochure containing information on new IT occupations (Hesse)
- Launch of the Land initiative entitled "Management and responsibility – future cooperation for women from business, politics and the administration". The initiative is a discussion forum and aims to increase considerably the proportion of women in managerial positions. (Hesse)
- Act on Equality of Women and Men in the public service of the Land of Mecklenburg-Western Pomerania dated 27.7.1998
* equality commissioners in all units in which a staff council must be elected
* women's promotion plans in the public administration
* performance-related voting provisions in areas where women are underrepresented
* reporting on the implementation of the Equality Act
* prohibition of insignificant employment in the public service
* prohibition of discrimination for those on child-raising leave and part-time workers (Mecklenburg-Western Pomerania)
- Promotion plans for equality for the local authority employers (Mecklenburg-Western Pomerania)
- Regional associations as a representation of interest to improve the situation of women on the labour market and structural development (Mecklenburg-Western Pomerania)
- FemiNet – Mobile Internet for women in rural areas to motivate them to use information and communications technology to improve their careers opportunities (Mecklenburg-Western Pomerania)
- Programme of loans to women starting up in business (Mecklenburg-Western Pomerania)
- Brochure entitled "Establishment of centres for female entrepreneurs" (Lower Saxony)
- Guideline on granting allowances on the promotion of the integration of women on the labour market "FIFA" (Lower Saxony)
- Land Equality Act for the Public Service (1999) and various measures for its implementation (North Rhine-Westphalia)
- Final report of the research study entitled "Service pools in North-Rhine Westphalia – Household help as a professional service" (North Rhine-Westphalia)
- Pilot project to introduce teamwork in enterprises for unskilled and semi-skilled workers (linked to Gender Mainstreaming) (North Rhine-Westphalia)
- Programme entitled "Opening up new fields of work for women in technology and crafts" (North Rhine-Westphalia)
- Various measures to advance women in the information society:
* Mobile Internet café "Route No. 1" for women and girls in rural areas and small towns (since 1999)
* Expert event entitled "Women in jobs with a future" (1999)
* Pilot project to increase the proportion of women training for IT occupations
* Establishment of an information and communication platform of and for women in North Rhine-Westphalia on the Internet "www.frauennrw.de" (since 2001) (North Rhine-Westphalia)
- Study on "Women in key technologies" (published in 2001) (North Rhine-Westphalia)
- Various measures on the promotion of female entrepreneurs:
* promotion for women starting up in business by means of women-specific loan award guidelines
* promotion of educational, networking and advice offerings for women in business
* Internet portal for women starting up and already in business (North Rhine-Westphalia)
- Pool of experts on the topic of "In-company promotion of women" (on the Internet)
(North Rhine-Westphalia)
- Regional "Women and work" agencies (under expansion since 1988, today 47 agencies at 52 locations in 2002) (North Rhine-Westphalia)
- Various measures to promote women in managerial positions such as
* literature research on the topic of "mentoring"
* mentoring project for advancement-orientated young women
* pilot project entitled "Equal opportunities for women in managerial positions"
(North Rhine-Westphalia)
- Competition in various Ministries of the Land of Rhineland-Palatinate on the "promotion of women and budgeting" (Rhineland-Palatinate)
- "FRIDS service agency" employment and qualification in structurally poor regions (Rhineland-Palatinate)
- "Zweibrücken women's companies" employment and skill-building for the long-term unemployed and female social assistance recipients (Rhineland-Palatinate)
- "Women & information technology - W&IT" employment and skill-building for the long-term unemployed (Rhineland-Palatinate)
- Administrative provision on the Land Equality Act of Rhineland-Palatinate
- Network of the official equality commissioners (address file, Homepage under construction) (Rhineland-Palatinate)
- "Equality at work", further studies with accredited qualification for equality commissioners (Rhineland-Palatinate)
- Establishment of a female mentor project entitled "Mentoring in the administration" (Rhineland-Palatinate)
- Making working hours more flexible in the Land administrations (Saarland)
- Seminars, information events, regular female entrepreneurs' meetings as well as a database of female entrepreneurs for women starting up in business in the Saar Online Business Set-Up Centre of the Ministry of Economics (Saarland)
- Pilot project "Promotion of equal opportunities in Saxon enterprises" (Saxony)
- Brochure entitled "Equal opportunities in industry – a practical guide on the promotion of women and men" (Saxony)
- Guideline on promotion and development of rural areas in Saxony-Anhalt (Saxony-Anhalt)
- Promotion of the creation of high-value jobs for women in the joint task of "Improving the regional economic structure" (Saxony-Anhalt)
- Project promotion "Employment initiatives for women in rural areas" (Saxony-Anhalt)
- Additional assistance for (single) parents (skill-building for men and women starting up in business, recruitment assistance for full-time jobs for single parents) (Saxony-Anhalt)
- Award of a logo in context with the prize awarded in the Land competition "Women-friendly company". The award entitles enterprises to use the logo for their own marketing and image advertising. (Saxony-Anhalt)
- Project entitled "Rural centre for women starting in business in the Altmark" (Saxony-Anhalt)
- Questionnaires and fora on the topics of "Image of female freelancers" and "Image of female entrepreneurs in the crafts" in Saxony-Anhalt
- Promotion of a mentoring project for female university graduates and women starting their careers: "Women into management" (Saxony-Anhalt)
- Competition on equal opportunities through staff development "Every woman deserves his chance. In your company too?" (Schleswig-Holstein)
- Pilot project "Service exchanges – (part-time) business start-ups and new employment opportunities for women in the service field in areas with a poor structure" (Schleswig-Holstein)
- Initiative "It's the turn of women online" (Schleswig-Holstein)
- Mobil Internet café for women in rural areas (Schleswig-Holstein)
- Telecoaching for women starting up in business (Schleswig-Holstein)
- Coupling the public grant of contracts and the promotion of women (Brandenburg, Schleswig-Holstein)
- Thuringian Equality Act (Nov. 1998) (Thuringia)
- Pilot project entitled "SELF – Rural women shape structural developments in rural regions" managed by the German Association of Rural Women (Thuringia)
- Study on the topic of "Ways to create jobs and employment by offering services in rural areas" (Thuringia)
- Promotion of projects "Skill-building for recipients of social assistance and for unskilled female workers" (Thuringia)
- Working party on Women and Labour Market Policy (Thuringia)
- Promotion of Women's Technology Centres (Thuringia)
- Content support of the project entitled "Single parents: Risks and opportunities on the labour market – Changes in ways and forms of life" (Thuringia)
- Gender-specific survey and exploitation of all labour market data (Thuringia)
- Study commissioned on the topic: "Women in Thuringian agriculture – Situation, role, status" (Thuringia)
- Periodical entitled "Akteur" (Player) of the Thuringian Ministry of Economics, Labour and Infrastructure and of the European Social Fund (ESF) with a column on women's policy also entitled "Akteur" (Thuringia)
- "BBT Basis", surety programme of the Surety Bank for Small Entrepreneurs (Thuringia)
- Regular meetings of female entrepreneurs: Programme of exchange and networking (Thuringia)
c) Reconciling family and work
- Expansion of care offerings as needed to children of all age groups
* New places for all age groups by means of conversion/allocation
* Expansion of the all-day offerings for school pupils in cooperation between youth assistance and schools (Bavaria, North Rhine-Westphalia, Saarland)
- Study (promotion programme on research into women) on teleworking – opportunities for better integration of vocational and family areas (Baden-Württemberg)
- Reliable elementary schools – Care for pupils for up to 5 1/2 hours per morning - (Baden-Württemberg)
- Initiative for family-friendly personnel management (Baden-Württemberg)
- Specialist conference entitled "Family and voluntary work as a qualification characteristic" for personnel specialists (Baden-Württemberg)
- Information sheets for personnel officers and for applicants to include key qualifications acquired outside of work - for example in family and voluntary work – in personnel decisions (Baden-Württemberg)
- Further training to estimate acquired key qualifications "Potential interview – tools and methods to estimate potential" (Baden-Württemberg)
- Specialist conference entitled "Management by Family Sense", 2001 in Lindau (Bavaria)
- Opening of kindergartens for children under three years and for school children (Bavaria)
- Promotion of childcare in family self-help (Bavaria)
- Implementing a pilot project to promote day-care (Bavaria)
- Implementation of a joint project with an Association of the Metal and Electrical Industry to expand crèche places (Bavaria)
- Right embodied in the Bavarian Civil Service Act for part-time working at less than half the standard working hours (up to one-quarter of the regular working hours) for family reasons, if no operational reasons exist opposing this (Bavaria)
- Accommodation of family competences within the Bavarian care guidelines (Bavaria)
- Ordinance on the promotion of women and the reconciliation of work and family in awarding public contracts (Women's Promotion Ordinance – FFV) dated 23 August 1999 (Berlin)
- Ideas competition – "Opportunities for family and work – promotion of initiatives on the reconciliation of family and work" (Brandenburg)
- Event on the reconciliation of family and work in a European comparison (Bremen)
- Aids for unit heads on establishing women's promotion plans for the public service (Bremen)
- Information leaflet for women returning to work (Bremen)
- Information brochure entitled Part-time Models in Hospitals (Bremen)
- Events on the right to part-time working – child-raising leave/parental leave (Bremen)
- Information sheet and telephone advice campaign for women returning to work (Bremen)
- Event entitled "Fathers and family work" with a presentation of "best practice" examples of family-friendly working hours models (Hamburg)
- Planning of specific offerings on family and educational work for fathers in parents' schools within an adult education facility (Hamburg)
- Fiscal accommodation of the need for childcare and of childcare costs in gainful employment (Hesse)
- Skill-building for parents during child-raising leave (Mecklenburg-Western Pomerania)
- Promotion of projects in individual companies which, amongst other things, aim to achieve family-friendly working hours. (North Rhine-Westphalia)
- Guideline on teleworking for enterprises and their workers (North Rhine-Westphalia)
- Targeted information (brochures, Internet presentations) for parents and specifically for fathers, as well as on possibilities of support within companies and for the public service (North Rhine-Westphalia)
- Awareness-forming measures within the framework of the fathers campaign (including postcard activities) (North Rhine-Westphalia)
- Establishment of all-day schools (Rhineland-Palatinate)
- Part-time working, including in managerial positions (Saarland)
- Project: Part-time working for men in managerial positions (Schleswig-Holstein)
- Thuringian model of childcare: Land Educational Assistance; legal entitlement to a kindergarten place and crèche (Thuringia)
d) Reintegration into working life
- Pilot project entitled "KOBRA" (Commercially-orientated, Work-related Qualification for those Leaving Prostitution) (Bavaria)
- Job-sharing plus agency: Placement and skill-building of job sharing teams (Bavaria)
- "Initiative of women's centres of the Land of Brandenburg – Women and Information technology", Women fit for the Web (Brandenburg)
- Pilot project entitled "Women returning to work – flexible and family-orientated" of the Ministry for Labour, Social Affairs, Health and Women in Brandenburg in cooperation with Neuruppin Employment Office, Frankfurt/Oder Chamber of Industry and Commerce (Brandenburg)
- Leaflet on the promotion of women returning to work (Bremen)
- Plan for EU promotion of women in child-raising leave (modular further training) (Bremen)
- Guideline and promotion programme with many measures for the further training of women returning to work (Bremen)
- Orientation courses for women with no gainful employment (Hesse)
- Specific advice offerings of the regional "Women and work" agencies (North Rhine-Westphalia)
- Labour market policy "Programme for the integration or reintegration of women into working life", orientation seminars for women returning to work (Rhineland-Palatinate)
- Orientation and skill-building measures for single parents receiving social assistance (Rhineland-Palatinate)
- Advice agencies for women returning to work (Rhineland-Palatinate)
- "Back to work" programme – Courses for vocational reintegration of women and men after family times (Saxony)
- Higher promotion rates for women in general programmes (skill-building of workers in measures of the public-promoted labour market, skill-building and integration measures in the framework programme on the vocational integration of social assistance recipients, promotion of training places, SAM guideline) (Saxony-Anhalt)
- Programmes for the target group "women" (integration assistance for full-time jobs for unemployed women over 45, regional coordination agencies "pink", "Mobile Cyber Queen") (Saxony-Anhalt)
- Identification of women as a target group in all labour market policy promotion programmes (Thuringia)
- "50-plus" programme (higher promotion rates for the employment of women over 50) (Thuringia)
- Promotion of vocational orientation centres (Thuringia)
e) Violence against women and girls
- Statistic collation of "Domestic violence" deployments with the police (Berlin, Mecklenburg-Western Pomerania)
- Events on the topic of the Act to Protect Against Violence (Bremen, Hamburg)
- Pilot trial on removal of persons in cases of domestic violence (Baden-Württemberg)
- Landwide introduction of the removal procedure and hand-out on the removal procedure (Baden-Württemberg)
- Information brochure entitled "Violence against women" (Baden-Württemberg)
- Announcement by the Women's Commissioner of the Bavarian State Government "Principles on the protection of workers against sexual harassment at work". (Bavaria)
- Pilot project "Cooperation Police-Youth Social Work" (focussing on: Development of strategies to implement the envisioned Act to Protect Against Violence) (Bavaria)
- Pilot project "Witness care" (Bavaria)
- Expert conference on work with violent men (Bavaria)
- S.I.G.N.A.L. intervention project – Intervention project against violence against women at the Benjamin Franklin University Clinic (Berlin)
- Brochure entitled: Information for physicians on violence against women – When female patients are affected by violence (Berlin)
- Promotion of six women's refuges, four advice agencies and 43 refuges (Berlin)
- Promotion of a crisis and advice centre for women and girls affected by sexual violence (Berlin)
- Promotion of the Berlin intervention project against domestic violence as a pilot project together with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Berlin)
- Adoption of the "Berlin Plan of Action on the Fight against Domestic Violence" (March 2002) (Berlin)
- Expert conference and documentation entitled "Intervention in domestic violence" (Berlin)
- Workshop on "Sexual violence" (Berlin)
- Campaign entitled "Together against male violence" (Berlin)
- Model for better cooperation and networking of measures combating domestic violence at district level (Berlin)
- Plan of Action for homeless women, development of recommendations (Berlin)
- Rooms for witnesses, witness support and process accompaniment at Tiergarten Local Court and Berlin Regional Court (Berlin)
- Promotion of the construction of the Berlin intervention agency against domestic violence (Berlin)
- Planning development of a low-threshold overnight place for homeless women (Berlin)
- Promotion of Donna Castella (placement of housing for women affected by violence in the context of the protected market segment) (Berlin)
- Pilot scheme on police removal of the offender from the dwelling. Draft of a statute amending the General Security and Order Act with the possibility for police removal the offender from the dwelling for a period of up to 14 days (Berlin)
- Guideline for the Land police when deployed in cases of domestic violence and guideline for accompanied dealing in cases of domestic violence (Berlin)
- Development of forms to apply for civil law protection orders in accordance with the Act to Protect Against Violence (Berlin)
- Land Plan of Action on the fight against violence against women (Brandenburg)
- Promotion of 25 women's refuges to ensure overall basic supply (Brandenburg)
- Leaflet entitled "What is sexual abuse?" (Bremen)
- Further training on sexual violence against children for female staff of kindergartens (Bremen)
- List of measures of the Bremen Senate as to how the problem of domestic violence within relationships is to be dealt with by public units and administrations (Bremen)
- Planning and implementation of a campaign against "Domestic violence within relationships" for the city of Bremerhaven (Bremen)
- Expansion by two female lawyers of the special department at the Public Prosecution Office existing since 1984 to cover all cases of sexual and other forms of violence (Bremen)
- Establishment of a central 24/7 emergency police call centre (Bremen)
- Pilot project entitled "Settlement between offenders and victims in case of violence between couples" (Hamburg)
- Activity research project entitled "Conflict solution conduct of boys and girls in kindergartens" (Hamburg)
- Specialist conference entitled "What is the gender of violence? Violence prevention in the age of gender mainstreaming" (Hamburg)
- Establishment of a Land working party on violence in the domestic domain with the goal of developing recommendations to the Land Government for a Land Plan of Action and combining regional activities; until 2002 special focus on the effects of domestic violence on children, on questions of the implementation of the Act to Protect Against Violence and the changed police practice (Hesse)
- Workshop entitled "Legal requirements of the documentation of the health consequences of violence against women" for physicians and long-term care services (Hesse)
- Police guideline with recommendations for conduct to the police to combat domestic violence; at the end of 2001, start of the police statistics for the collation of cases of domestic violence; many basic and further training measures on domestic violence for the police, informing the police of the new statutory situation in accordance with the Civil Court Act to Protect Against Violence (Gewaltschutzgesetz) (Hesse)
- Introduction of a special regulation regarding removal by the police in the event of domestic violence in the Land Act on Security and Order (Hesse)
- Ensuring the availability of female police officers for immediate intervention as well as for investigating domestic violence (Hesse)
- Special departments for prosecution of criminal offences against sexual self-determination, and also in individual cases of domestic violence in the public prosecution offices at Local and other Courts (Hesse)
- Overall basic supply by the promotion of 34 women's refuges, 12 women's emergency call and advice centres, as well as an additional coordination agency for the women's emergency call centre (Hesse)
- Violence screening as part of systematic health care for women at risk of violence. Creating effective cooperation between healthcare and assistance facilities (Hesse)
- Special departments on Domestic Violence at the public prosecution offices (Mecklenburg-Western Pomerania)
- Priority given to accommodation of inhabitants of women's refuges in placing in council housing (Mecklenburg-Western Pomerania)
- Basis for entitlement of the police in the security and order network (SOG) on removal for up to 14 days (Mecklenburg-Western Pomerania)
- Four intervention agencies offering a link between state intervention agencies (Mecklenburg-Western Pomerania)
- Guideline for the Land police in dealing with cases of domestic violence (Mecklenburg-Western Pomerania)
- Six rooms for witnesses at the four Regional Courts and two Local Courts (Mecklenburg-Western Pomerania)
- Further expansion of the infrastructure on overall basic supply by promoting another five (total of 54) women's advice agencies (as on 2002) (North Rhine-Westphalia)
- Report of the Land Government on measures and initiatives of the Land Government, continuation planned in 2004 (North Rhine-Westphalia)
- Round table on the fight against violence against women with representatives of the Ministries of the Interior, Justice, Labour, and Social Affairs and Women, representatives of autonomous women's projects, Land working party on equality commissioners and council for victims (including publication of a paper on the topic of "Domestic violence") (North Rhine-Westphalia)
- Interministerial working party on "domestic violence" (North Rhine-Westphalia)
- Basis for empowerment for the police to remove from dwellings in cases of domestic violence (North Rhine-Westphalia)
- Cologne victim assistance model: Information for victims, training for the police, guideline for the police with victim-orientated information, informative document for the supply administration (North Rhine-Westphalia)
- Promotion of electronic networking of existing victim assistance facilities (North Rhine-Westphalia)
- Topical book "Violence is not a private matter" in the series "We women in North Rhine-Westphalia" (1/02) (North Rhine-Westphalia)
- Brochure on information for victims of domestic violence under construction (North Rhine-Westphalia)
- Guidelines for police action in cases of domestic violence (North Rhine-Westphalia)
- Pilot project for witness care from 1997 to 1999 with subsequent successive establishment of witness care agencies at all Regional Courts with qualified staff (by roughly 2005). Establishment of witness service agencies at Local Courts with legally-trained specialists (North Rhine-Westphalia)
- Service number for victims of violent crimes at the supply administration for fast, unbureaucratic assistance (North Rhine-Westphalia)
- Stock-take of regional cooperation in the fight against domestic violence (North Rhine-Westphalia)
- Specialist conferences, including documentation on the Act to Protect Against Violence and the amended Police Act (North Rhine-Westphalia)
- Specialist conference entitled "Children in violent relationships" (North Rhine-Westphalia)
- Promotion of self-assertion and conflict training courses for girls and boys at primary and secondary schools (North Rhine-Westphalia)
- Pilot study entitled "Violence against girls and women in sport" (North Rhine-Westphalia)
- Project "Ronja – Prevention work with girls" (Rhineland-Palatinate)
- Intervention project against violence in close social relationships (Rhineland-Palatinate)
- Promotion of 17 women's refuges to ensure basic supply to women affected by violence (Rhineland-Palatinate)
- Promotion of 12 emergency numbers for women affected by violence to ensure basic supply (Rhineland-Palatinate)
- Girls' refuge for girls and young women affected by physical and mental violence (Rhineland-Palatinate)
- Social therapy advice agency for girls affected by physical and emotional violence (Rhineland-Palatinate)
- Psychotherapy advice agency for women with experience of violence (Rhineland-Palatinate)
- Plan of Action against domestic violence (Saarland)
- Promotion of women's refuges (Saarland)
- Series of specialist conferences on violence against children (Saarland)
- Promotion of advice agencies for women and girls who have been raped or who are affected by violence (Saarland)
- Funding of research into the pilot project "Anonymous refuge for girls and young women in Dresden" (Saxony)
- Funding the wandering exhibition "And I couldn't stand it there any more ..." – Conflict and violence experience of girls and the anonymous refuge (Saxony)
- Specialist conference on "Crisis intervention adapted to girls" (Saxony)
- Information sheet for police officers on police deployment in cases of domestic violence, information sheet for the victims of domestic violence (Saxony)
- Promotion of 22 women's refuges (Saxony)
- Blanket promotion of 24 women's refuges (Saxony-Anhalt)
- Promotion of 4 advice agencies on the topic of "sexualised abuse" (Saxony-Anhalt)
- Promotion of the "Pro Man" advice agency for violent men (Saxony-Anhalt)
- Publication of the brochure entitled "10 years of women's refuge work in Saxony-Anhalt – Looking back, stock-take, outlook" (Saxony-Anhalt)
- Adoption of the "Land programme to combat violence against women and children" by the Land Government (May 2001) and pan-Land public relations campaign on this programme (Saxony-Anhalt)
- Pilot project entitled "Intervention in cases of domestic violence" (Saxony-Anhalt)
- Guideline for doctors on the recognition of violent acts in the domestic area (Saxony-Anhalt)
- Grant of contract regarding "Supply and demand of residential and non-residential psychotherapy care possibilities for the victims of sexualised abuse" (Saxony-Anhalt)
- Empirical study on the current situation of people with a disability in Saxony-Anhalt. Including gender-specific differentiation in the field of violence experienced (Saxony-Anhalt)
- Study on the experience of sexual violence against women in Saxony-Anhalt from the point of view of specialists (Saxony-Anhalt)
- Establishment of special departments to prosecute criminal offences against sexual self-determination at Halle and Stendal public prosecution offices (Saxony-Anhalt)
- Cooperation and intervention concept in the fight against domestic violence against women (KIK [Cooperation and Intervention Concept] Schleswig-Holstein) including various regions (districts, towns not associated with a county) with their own coordination (Schleswig-Holstein)
- Blanket promotion of 16 women's refuges and 23 women's specialist advice agencies and emergency numbers (Schleswig-Holstein)
- Promotion of social training programmes for violent offenders (Schleswig-Holstein)
- "Diagnosis of violence", specialist event for doctors and carers on domestic and sexualised violence against women (Schleswig-Holstein)
- Guideline for medical practice and hospitals in dealing with domestic violence (Schleswig-Holstein)
- Brochure entitled "Courage" – What do to for women in violent relationships (Schleswig-Holstein)
- Establishment of special departments for "Violence in close social proximity" at all Thuringian public prosecution offices (Thuringia)
- Interministerial coordination agency on "The Prevention of violence" (Aug. 2000) focussing on "Domestic violence" (Thuringia)
- Pan-Land working party drafting strategic proposals to combat domestic violence (May 2001; Initiative of the coordination agency on "The Prevention of violence"), (Thuringia)
- Promotion of 28 women's refuges and women protection dwellings (blanket basic supply) (Thuringia)
- Promotion of violence conflict advice agencies for men (Thuringia)
- Promotion of children's protection agencies (in 2000 care of 542 girls and young women) (Thuringia)
- Thuringian children and youth care telephone (since 1998) (Thuringia)
- Support of girl-specific crisis intervention facilities (Thuringia)
- Process care programme for victims/witnesses (Thuringia)
- Specialist conference on the topic of "Protection of children and the judiciary – child and juvenile victims of sexual violence as witnesses in criminal proceedings" (Oct. 1998) (Thuringia)
- Material file on "Prevention of violence in Thuringia" (for multipliers in violence prevention; end of 2001) (Thuringia)
- Information sheet for police officers on police deployment in cases of domestic violence (Thuringia)
f) Foreign women
- Women's information centre for foreign women (Baden-Württemberg)
- Promotion of the publication of mother-tongue information sheets for victims of trafficking in human beings (Baden-Württemberg)
- Drafting an instruction regarding section 19 of the Aliens Act within the framework of the Berlin Intervention Project against Domestic Violence (BIG e.V. 1999) (Berlin)
- Agreement with the Berlin social welfare offices regarding visiting modalities and application of discretion in providing benefits in accordance with the Act on Benefits for Asylum-Seekers (Asylbewerberleistungsgesetz) for female witnesses in proceedings relating to trafficking in human beings (October 2001) (Berlin)
- Advice body for hardship cases under the law on aliens (Berlin)
- Promotion of 19 female migrants' projects, including three for women affected by trafficking in women (Berlin)
- Establishment of an intercultural women's refuge (2000) (Berlin)
- Berlin specialist commission on trafficking in women (Berlin)
- Specialist conference and documentation entitled "European Strategies on the Prevention and Suppression of Trafficking in Women" on 25/26.11.1998 and documentation (Berlin)
- Refuge for women affected by trafficking in women from Central and Eastern Europe 1999 (Berlin)
- Women's infrastructure agency to advise and care for victims of trafficking in women (Berlin)
- Information sheet "Women as goods" on trafficking in women (Berlin)
- Specialist advice agency called Belladonna "Protection of and for victims of trafficking in human beings" (Brandenburg)
- Decree on section 19 of the Aliens Act (independent right of residence of the spouse in special hardship cases) in anticipation of the version applicable since May 2000 (Bremen)
- Decree on the temporary suspension of deportation of victims of trafficking in human beings/trafficking in women (Bremen)
- Event on trafficking in women and forced prostitution and on the situation of the victim, in particular also on the matter of care (Bremen)
- Plans to improve the situation of the victims of trafficking in women and forced prostitution (Bremen)
- Promotion of the coordination agency on trafficking in women KOOFRA (Hamburg)
- Management of the roundtable on the suppression of trafficking in human beings (Hesse)
- Pilot project for victim/witnesses of trafficking in human beings (Hesse)
- Study on the possibility of accommodation in women's refuges for victims of trafficking in human beings (Mecklenburg-Western Pomerania)
- Plan for an advice agency for victims of trafficking in human beings (Mecklenburg-Western Pomerania)
- Roundtable at Land level on the topic of "International trafficking in human beings with foreign women and girls in North Rhine-Westphalia" (North Rhine-Westphalia)
- Expansion of the infrastructure to nine specialised women's advice agencies against trafficking in human beings (North Rhine-Westphalia)
- Circular letters on protection against deportation of women affected by trafficking in human beings, on their care, on funding their return journeys and to coordinate cooperation between the authorities (North Rhine-Westphalia)
- Promotion of the "SOLWODI" advice agency for foreign women who have fallen foul of trafficking in women and forced prostitution (Rhineland-Palatinate)
- Project on psychosocial advice and care of victim/witnesses in proceedings relating to trafficking in human beings (Rhineland-Palatinate)
- Promotion of the contact and advice agency for women from Central and Eastern Europe – KOBRA (Saxony)
- House for female refugees provided for traumatised refugee women travelling alone and their children (Saxony-Anhalt)
- "Vera" Advice agency for victims of trafficking in human beings and forced prostitution (Saxony-Anhalt)
- Promotion of the "Contra" Advice and Coordination Agency for women affected by trafficking in women (Schleswig-Holstein)
- Promotion of social advice for foreign workers ("Social advice for aliens") in cooperation with the Federal Ministry of Labour and Social Affairs (since 1997) (Thuringia)
g) Women in science and research, research into women
- Plans for the advancement of women and women's commissioners at institutions of higher education (North Rhine-Westphalia, Schleswig-Holstein)
- Working party and programme on the promotion of equal opportunities of women in research and teaching in the University Science Programme (Berlin, Saxony)
- Margarete von Wrangell rehabilitation programme for women (Baden-Württemberg)
- Mathilde Planck Promotion and Practice Programme for the promotion of young female professors at Technical Colleges (Baden-Württemberg)
- Programme of female assistants at art and music colleges (Baden-Württemberg)
- Reintegration and contact grants for women (Baden-Württemberg)
- Women.Innovation.Technology network, projects for female pupils, Web portal, (Baden-Württemberg)
- Implementation of the annual summer course 'Informatica Informale' (Baden-Württemberg)
- Performance-related awarding of funding as an incentive for the promotion of women (Baden-Württemberg)
- Promotion programme to institutionalise research into women and gender at Baden-Württemberg's institutions of higher education (Baden-Württemberg)
- Baden-Württemberg reform of the Act on Higher Education Institutes 2000: promotion of women at institutions of higher education (Baden-Württemberg)
- Annual call for tender on the promotion programme on research into women of the Ministry of Social Affairs (Baden-Württemberg)
- Irene Rosenberg Promotion Programme for women in engineering (Baden-Württemberg)
- Scientific study on the situation of women in the Ansbach rural district (Bavaria)
- Agreements on the further realisation of the concept of equal opportunities for women at the Berlin institutions of higher education (Berlin)
- Berlin Land programme research into women (until 2000) (Berlin)
- Berlin Programme to promote equal opportunities for women in research and teaching (since 2001) (Berlin)
- Working party of Berlin research into women's centres at institutions of higher education (Berlin)
- Margherita von Brentano Prize of the Free University of Berlin for especially excellent projects and measures to promote women or research into women (Berlin)
- Strengthening the position of women and equality commissioners at institutions of higher education via a series of individual provisions in the Brandenburg Act on Higher Education Institutes applicable since May 1999: (Brandenburg)
- Proportion of women in all institutions of higher education and in the Land Council on institutions of higher education is to be at least one-third, and at least 40 percent in appeal commissions for the appointment of professors (Brandenburg)
- Orientation of the state promotion on progress in meeting the equality mandate (Brandenburg)
- Cooperation of the equal opportunities commissioners at the institutions of higher education in agreed goals, structure and staffing decisions, as well as in drafting and monitoring women's advancement guidelines and plans (Brandenburg)
- Target instructions in the institutions of higher education development plan to 2001 – including an increase in the proportion of women among newly appointed professors to 25 % (Brandenburg)
- Women's promotion guidelines and women's promotion plans at institutions of higher education (Brandenburg)
- Women's promotion measures – related to skill-building, women's and gender research - in the context of the Federation's Universities Special Programmes (HSP III and HWP) (Brandenburg)
- Brandenburg Summer University for female pupils (mathematics, natural sciences and technology) (Brandenburg)
- Creation of an international women's course of study in computer science (Bremen)
- Implementation of the annual summer study course "Informatica Feminale" (Bremen)
- Associated project of the Bremen institutions of higher education to increase the proportion of women in the natural sciences, technical and engineering subjects (Bremen)
- Research project for the intercultural opening of social district facilities (Hamburg)
- Establishment of the Hesse Coordination Office Mentors Network for women in natural science and technical subjects (Hesse)
- Performance-related awarding of funds as an incentive to promote women on the basis of the Treaty of Amsterdam, of the Higher Education Framework Act and the Hesse Act on Higher Education (Hesse)
- Establishment of research into women's centres at Hesse Universities and Technical Colleges (Hesse)
- Lise Meitner Prize to promote young women scientists in natural science and technical subjects (Hesse)
- Elisabeth Selbert Science Prize to promote excellent work by female scientists in Hesse (Hesse)
- Brochure entitled "Mentoring – Initiatives and measures for equal opportunities for women in the field of science". The brochure documents the results of a survey in the Federation and the Länder in August 2001 (Hesse)
- Competence centre for women in science and technology (Mecklenburg-Western Pomerania)
- Franziska Tiburtius Programme to promote female Technical College professors (Mecklenburg-Western Pomerania)
- Dorothea Erxleben Programme, programme for female candidates for qualification as higher education lecturers in Lower Saxony (Lower Saxony)
- Studies and conferences to promote women (North Rhine-Westphalia)
- Grant and job programmes to promote female scientists (incl. reintegration grants): "Lise Meitner Grant Programme" to promote highly-qualified female scientists as candidates for qualification as higher education lecturers (North Rhine-Westphalia)
- Dissemination of information material on the topic of "Promotion of women and grant of funds to institutions of higher education" (North Rhine-Westphalia)
- Studies and conferences on research into women (North Rhine-Westphalia)
- Support of research into women's projects and events (North Rhine-Westphalia)
- Discussion circles, networks ("Research into women network" of 38 female scientists) and research activities into women and on institutionalising research into women (North Rhine-Westphalia)
- Statutory entrenching of the appointment of equality commissioners at institutions of higher education and the elimination of existing disadvantages for female staff at institutions of higher education - Saxon Act on Higher Education - (Saxony)
- Women's advancement plans to improve the conditions for women in science (Saxony)
- Reintegration grant for women and men who have interrupted their doctoral studies and candidacy for qualification as higher education lecturers because of family duties (Saxony)
- Programme to promote equal opportunities of women in research and teaching in the University Science Programme (HWP) (Saxony)
- Cooperation in the collegiate between institutions of higher education/vocational academy and the business community of the Free State of Saxony (Saxony)
- Accompaniment of the studies "Study orientation school – institution of higher education – business community" and "Interface problems for grammar school – Technical and natural science education at Universities and Technical Colleges" (Saxony)
- Cooperation with the Land Conference of equality commissioners at institutions of higher education and networking of the equality commissioners at the institutions of higher education (Saxony)
- Dorothea Erxleben guest professorship to increase the proportion of women in natural science and technical subjects (Saxony-Anhalt)
- Promotion of a coordination agency for women and gender research (Saxony-Anhalt)
- Equality commissioners at institutions of higher education (Saxony-Anhalt)
- Pilot project entitled "Performance-orientated funding of Technical Colleges in Saxony-Anhalt according to the Gender Mainstreaming concept" (Saxony-Anhalt)
- Creation of a professorship partly designated for research into women (Saxony-Anhalt)
- Research grants on the promotion of young female scientists (from 2000 – also contains candidacy for qualification as higher education lecturers, as well as doctoral studies and junior professorships) (Saxony-Anhalt)
- Grant programme to increase the nominability of women at Technical Colleges (from 1997) (Saxony-Anhalt)
- Establishment of networks of female mentors (Saxony-Anhalt)
- Revision of the Ordinance on the Implementation of the Graduate Promotion Act (no crediting of spouse's income) (Saxony-Anhalt)
- Information days on engineering, natural science and technical courses of study, including the offer of the summer school for girls and young women (Saxony-Anhalt)
- Internships for girls and young women in natural science and engineering subjects (Saxony-Anhalt)
- Tutorials for female students in natural science and engineering subjects (Saxony-Anhalt)
- Reform of the Thuringian Act on Higher Education in May 1999: promotion of women at institutions of higher education (Thuringia)
- Equality commissioners and advisory councils on equality at Thuringian institutions of higher education (section 81 of the Thuringian Act on Higher Education) (Thuringia)
- Women's advancement plans and guidelines for increasing the proportion of women among scientific staff (Thuringia)
- Application of the Gender Mainstreaming principle to planning and measures at institutions of higher education in order to make a contribution to quality assurance, increase performance and competition (Thuringia)
- Kindergartens for students' children (Erfurt-Ilmenau and Jena-Weimar Students Unions) (Thuringia)
- Support of advice projects for female and male pupils (Thuringian Coordination agency for Natural Science and Technology) (Thuringia)
- Promotion of female candidates for qualification as higher education lecturers (Thuringia)
- Reintegration grants for female scientists (Thuringia)
- Promotion qualification grants (Thuringia)
- Establishment of a nomination fund for female academics (Thuringia)
- Promotion of women's Technical College professorships and research projects for women at Technical Colleges (Thuringia)
- Research grants for female academics (Thuringia)
- Federation-Länder model trial: "Practical contact for female students with engineering studies" (University GH Paderborn and Technical University of Ilmenau) (Thuringia)
- Establishment of a professorship for "Sociology focussing on the structure and specifics of the gender relationship/research into women" (University of Erfurt) (Thuringia)
- Research into women projects an the University of Jena (Thuringia)
- National and Europe-wide networks on research into women (Thuringia)
- Contributions towards research into women/girls (Jena Technical College) (Thuringia)
h) Social security for women
- Promotion of a contact and advice agency for prostitutes (Bavaria)
- Pilot project "UHU", changing assistance by those who have changed -; assistance in looking for a new outlook on life for women desiring to leave prostitution - (Bavaria)
- Establishment of an interdisciplinary working party to improve the situation of mothers and children in prison (Berlin)
- Project – Social security of day-care mothers (Hesse)
- Project – Possibilities for women drawing social assistance (Hesse)
- Network for homeless women in Hesse (Hesse)
- Promotion of regular employment in the field of domestic services by means of three pilot projects "Service pool" (North Rhine-Westphalia)
- Final report of the research "Step by Step – Ways out of prostitution" (North Rhine-Westphalia)
- Drafting of the brochure entitled "Instructions for single parents" (Saxony)
- Pilot project "Training project for single parents receiving social assistance" (Saxony)
- Offers of psychiatric help in residential, non-residential and complementary fields partly also with women-specific offerings (Thuringia)
- Promotion of 34 recognised pregnancy advice agencies of various organisations (Thuringia)
i) Housing, urban, transport and regional planning
- Women-orientated urban planning and city/district development – a precondition for inclusion in EU promotion programmes such as "Urban I and II"- (Hesse, North Rhine-Westphalia, Rhineland-Palatinate, Saxony-Anhalt, Thuringia)
- Promotion of a study on women-adapted regional planning (Baden-Württemberg)
- Promotion of a study on the availability of retail outlets near to home (Baden-Württemberg)
- Study "Gender-adapted transport planning in Baden-Württemberg" (promotion programme of research into women) (Baden-Württemberg)
- Brochure entitled: On housing construction – contributions by female architects (Baden-Württemberg)
- Study on dealing with everyday life, spatial experience and supply offerings from the point of view of homeless women (promotion programme of research into women) (Baden-Württemberg)
- Brochure entitled "Women move their districts – women's policy interests in the Bremerhaven district conferences" (Bremen)
- Series of events "Times of the city" (Bremen)
- Accommodating women's concerns in the Hesse Land Planning Act, and entrenching the involvement of the Land working party of women's commissioners of the local authorities and districts in the regional assemblies (Hesse)
- Land competition – Family-friendly city (Hesse)
- Entrenching women's concerns in the Land development plan of the Land of Hesse 2002 (Hesse)
- Accommodating women's concerns in regional plans (Hesse)
- Accommodating women's concerns in the Act on Local Passenger Transport (ÖPNV-Gesetz) (Hesse)
- Brochure entitled "Urban land-use planning from the point of view of women" and brochures on Hesse projects on women-friendly housing (Hesse)
- Housing project women-friendly housing in conversion stocks (Hesse)
- Mobility requirements of women as a criterion of need for the planning of local passenger transport (Mecklenburg-Western Pomerania)
- Transport concept for women, accommodating women's concerns in the Land statutes on local passenger transport (North Rhine-Westphalia)
- Projects for women-orientated city/district development (for instance in Hagen and Bergkamen) (North Rhine-Westphalia)
- Legal obligation to establish women's parking spaces in large car parks – Car Parks Ordinance (Garagenverordnung) – (North Rhine-Westphalia)
- Priority to the award of publicly-promoted council housing et al to single parents and women from women's refuges - since 1990 (North Rhine-Westphalia)
- Publication of an information document on housing policy suited to women and families ("Planning together, being neighbourly – Outlook of sound housing policy for women and families in North Rhine-Westphalia (North Rhine-Westphalia)
- Women's concerns in Agenda 21 (North Rhine-Westphalia)
- Manual entitled "Fear-free spaces – planning guideline for greater security in public spaces" (North Rhine-Westphalia)
- Activities for women in rural areas, such as new career possibilities for farmers' wives, mobility, women-relevant aspects of regional development (North Rhine-Westphalia)
- Women-specific pan-generational housing project entitled Martin Luther King Documentation 1998 (Rhineland-Palatinate)
- Entrenching equal opportunity policy aspects in the Land initiative "Urban 21" for socially disadvantaged districts (Saxony-Anhalt)
- "Women and the city" Recommendation manual for the design of housing environments from the point of view of the genders (Saxony-Anhalt)
- Women-relevant aspects in the Regional Planning Plan of Central Thuringia (RROP) (Thuringia)
- Equality concerns in almost 40 regional development concepts (REK) (Thuringia)
- Publication of manuals for women by the equality agencies of the towns (e.g. women's calendar/women's telephone books) (Thuringia)
- Pan-generational housing project for women in preliminary planning stages – Leinefelde (Thuringia)
- Thuringian guidelines on housing construction promotion – priority promotion for pregnant women and single parents - (Thuringia)
j) Local policy on women
- Statutory provision on the appointment and involvement of local women's and equality commissioners (statutory obligation incumbent on towns, local authorities and districts with more than 10,000 inhabitants, for the full-time appointment of local authority equality commissioners) (North Rhine-Westphalia, Schleswig-Holstein)
- Promotion of the Registry of the Land Working Party of Local Women's Offices and Equal Opportunities Boards (North Rhine-Westphalia, Saxony)
- Cooperation with local equality commissioners (Baden-Württemberg, Rhineland-Palatinate, Saarland, Saxony)
- Investigations as to framework conditions, focus of work and competences for local equality work and potential improvements (North Rhine-Westphalia, Saxony-Anhalt)
- Interim report on the situation of local equality commissioners in the Land of Brandenburg (published by the Ministry of Labour, Social Affairs, Health and Women in October 2000) (Brandenburg)
- Regulation of the appointment and tasks of equality commissioners in the local authority constitution (Mecklenburg-Western Pomerania)
- Network agency for equal rights and women commissioners in Lower Saxony
- Network agency for local equality commissioners in Rhineland-Palatinate
- Statutory regulation in the Municipality and Rural District Ordinance on the Establishment of Local Equal Opportunity Boards (Gemeinde- und Landkreisverordnung zur Einrichtung von kommunalen Gleichstellungsstellen) and issuance administrative provisions on the tasks of the local equality agencies (Rhineland-Palatinate)
- Regulation in the Land Equality Act to establish local equal opportunity boards within the local authority (Saarland)
- Cooperation with equality commissioners (including specialist supervision) the president of the regional administration and the Land Working Party of local equality commissioners (Saxony)
- Support for the Land conferences for the Land working party of local equality commissioners (Saxony)
- Promotion of local equality commissioners (Saxony)
- Manual for local equality work in Saxony, ed. by the State Ministry for Equality of Women and Men (Saxony)
- Promotion of the Saxon women's week (Saxony)
- Specialist events on quality development and assurance in Saxon women's projects (Saxony)
- Equal rights conferences (Saxony)
- Study and specialist conferences "Evaluation, quality development and assurance in Saxon women's projects" (Saxony)
- Development of further training concepts and implementation of further training measures for equality commissioners (Bremen, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Saarland)
- Support for the work of the local equality commissioners by publishing manuals, other publications, joint events and activity weeks, networking offers (Mecklenburg-Western Pomerania, North Rhine-Westphalia, Schleswig-Holstein)
- Cooperation agreement on modernisation of the administration between ZGF Bremerhaven, ÖTV, combined staff council, Magistrate of the City of Bremerhaven (Bremen)
k) Promotion of girls
- Recommendations for the promotion of work with girls in youth promotion, in accordance with the Act on Assistance for Children and Youth Assistance (Bremen, Thuringia)
- Promotion of Land agencies on work with girls (Baden-Württemberg, Hesse, Saxony-Anhalt, Thuringia)
- Promotion of projects, events, activities, brochures for girls in the framework of extra-mural youth work and youth social work (Bremen, North Rhine-Westphalia, Rhineland-Palatinate, Saarland)
- Promotion of regional girls' days (Bavaria, Hesse, Thuringia)
- Projects on information and communication technologies for girls (Baden-Württemberg)
- "We can do anything?!" - promotion of girls' projects (Baden-Württemberg)
- Specialist "FAMtotal" programme of the Bavarian Youth Ring on the promotion of work with girls and young women in youth work in Bavaria (Bavaria)
- International conference on work with girls in Europe (1999) and conference on policy relating to girls of the Bavarian Youth Ring 2000 (Bavaria)
- Streetgirls - girls take over the streets (girls' demo: Berlin – a city for girls) (Berlin)
- Promotion of the annual girls' project day with national participation on 8 March, focussing on: participation in politics, vocational orientation, life planning and more (Brandenburg)
- Girls' parliaments in Bremerhaven (Bremen)
- WENDO – Self-assertion and self-defence for smaller girls (Bremen)
- "Everything is possible – Bremerhaven girls' A to Z manual " (Bremen)
- Pilot project "Room for girls to move" (Hamburg)
- Promotion of the "Hamburger girls' spectacle", an annual music festival for girls and young women with a framework programme (Hamburg)
- "Girls get involved", event and publication (Hesse)
- Conference on the integration of foreign girls (Hesse)
- Qualification of girls' accommodation groups by further training and networking (Hesse)
- Support of the periodical "Girl policy forum" (Hesse)
- Entrenching work with girls in the Land Implementation Acts on the Act on Assistance for Children and Youth Assistance (Kinder- und Jugendhilfegesetz - KJHG) (North Rhine-Westphalia)
- Initiative programme on self-assertion and conflict training for girls and boys in schools (North Rhine-Westphalia)
- Information material on the pilot project entitled "Girls and careers" for careers lessons at various schools (North Rhine-Westphalia)
- Conference entitled "Girls cooperate". Theory and practice for the participation of girls, conference report and documentation 1998 (Rhineland-Palatinate)
- Promotion of the Land working party "Girls and young women in Saxony" (Saxony)
- Promotion of the National Girls' Festival MÄDIALE 2001 (Saxony)
- Pilot project "Youth assistance planning in North Freesia suited to girls" (1996 - 1999) (Schleswig-Holstein)
- Promotion of work with children and young people among girls and young women: projects and events for girls and young women, autonomous girls' centres in rural areas, autonomous girls' house of the "Lotta" association in Kiel (Schleswig-Holstein)
- Further training and brochures for multipliers, in particular building blocks of further training for introduction to work with girls and boys (1999 and 2000), specialist conferences on the situation of girls in crisis situations between institutional homes, the street and psychiatry (1998 – 2001) (Schleswig-Holstein)
- Promotion of the pilot project "FOR JU" – further training for girls and youth assistance suited to young people (Schleswig-Holstein)
- Agency of the Land working party "Girls and young women in youth assistance" (Schleswig-Holstein)
- Drafting specialist recommendations on work with girls in Thuringia (resolution of the Land Youth Assistance Committee dated Feb. 2001) (Thuringia)
- Further training offerings on work with girls for cooperation in institutions for child and youth assistance (Thuringia)
- Specialist conference entitled "Work with girls in Thuringia" (May 2001) and drafting of a documentation on it by the end of the year (Thuringia)
- Specialist event entitled "Eating disorders of girls" (2000 / 2001) (Thuringia)
- Specialist forum on "Children of abused mothers" (Land working party on child and youth protection (Thuringia)
- Promotion of a pilot project on "Integrated girls' awareness youth assistance planning" (1998 – 2000) (Thuringia)
- Support of regional working groups (since Sept. 2001 Working party "Residential facilities for girls"), also in the content and methodical implementation of further training (Thuringia)
l) Legal language
- Regulation in the Land Equality Act (Brandenburg, Saarland)
- Administrative provision "Gender-neutral official and legal language" (Rhineland-Palatinate)
- Brochure entitled "Official language – On the equal treatment of women and men in official language" (Saarland)
- Regulation to take account of equal rights in legal language (enactment of administrative provision dated 25.5.1999) (Saxony)
- Work aids enabling drafts of statutes and ordinances to be drafted in conformity to legal form serving the linguistic equality of men and women (Dec. 1997) (Thuringia)
m) Women's non-governmental organisations
- Cooperation with and promotion of women's organisations, women's networks, women's groups and initiatives, women's associations and Land working parties, including the promotion of projects (Baden-Württemberg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony)
- Promotion of women's centres (North Rhine-Westphalia)
- Promotion of 47 women's communication centres (Thuringia)
n) Health
- Project: Prevention of eating disorders (Baden-Württemberg)
- Baden-Württemberg Women's health report
- Initiative on early recognition of cancer and self-examination of the breast (Hesse, Rhineland-Palatinate, Saarland)
- Accompaniment and control of the certification process for doctors specialised in mammography, drafting disease management programmes for breast cancer diseases (Berlin)
- Concerted action: Integration of women's health into the Berlin health system (clinics, non-hospital doctors, public health service (legal reform), administrations, etc., here in particular the topic of healthcare for women affected by violence (Berlin)
- Specialist conference: Health knows no genders? – On the health of women and girls (Berlin)
- Berlin network for women's health (Berlin)
- Specialist conference: "Diagnosed with breast cancer – women demand quality" (Berlin)
- Specialist conference: "As if nothing had happened. How the health system deals with women affected by violence" (Berlin)
- Organisation of the Forum on Women's Health, an association of female specialists for women's health in Bremen (Bremen)
- Colloquium and documentation "Controversies regarding early recognition of breast cancer" (Bremen)
- Information event on mammography screening/breast cancer (Bremen)
- Documentation "Early recognition – Breast cancer – What now?" (Bremen)
- Initiation of certified further training for doctors on "Menopause from a multidisciplinary point of view" (Bremen)
- Publication of the advice leaflet entitled "Pregnant in Bremen and Bremerhaven" (Bremen)
- Development of certified further training for doctors on the topic of "Experience of sexual violence as a cause of unspecific physical complaints among women and girls"; publication of the documentation of the same name (Bremen)
- Project on the implementation of the gender aspect in the sphere of healthcare (Hesse)
- Networking of institutions, projects and groups on the topic of "Women's health" (Hesse)
- Project to support the self-competence of women in the health sphere (Hesse)
- Gender-specific evaluation of hospital cases in Mecklenburg-Western Pomerania (Mecklenburg-Western Pomerania)
- Planning of a women's health centre for Mecklenburg-Western Pomerania
- Women's Health working party of the Land Government (Mecklenburg-Western Pomerania)
- Women's health centres (Lower Saxony)
- Promotion of a network for "Women/girls and health" (Lower Saxony)
- Publication of a Land health report on the topic of "Health of women and men" (2000) (North Rhine-Westphalia)
- Treatment of the topic "Gender-specific aspects of health and illness" in the framework of the Land health conference 2001 (North Rhine-Westphalia)
- Participation of the local equality commissioners in the local health conferences (North Rhine-Westphalia)
- Pan-Land Activity Weeks of the North Rhine-Westphalia Ministry of Women's Affairs with the local equality commissioners on the topic of "Women and health" (2001) (North Rhine-Westphalia)
- "Concerted action against breast cancer" (Initiative of the Land Women's and Health Ministries and of parties in the healthcare system) (North Rhine-Westphalia)
- Promotion of a coordination agency "Women and health" (pilot project) and of two women's health centres, (Hagazussa / Cologne and the International Centre for Women's Health / Bad Salzuflen) (North Rhine-Westphalia)
- "Concerted action against breast cancer" (Initiative of the Land Women's and Health Ministries and of parties in the healthcare system) (North Rhine-Westphalia)
- Promotion of the specialist Land agency "Women and addiction– Bella Donna" and women-specific measures to implement the Land programme against addiction (e.g. in addiction and drug advice) (North Rhine-Westphalia)
- Promotion of five addiction advice agencies with women-specific approaches (Rhineland-Palatinate)
- Promotion of the MEDEA Women's and Girls' Health Centre (Saxony)
- Women and Health network as an open combination of women mainly working as multipliers in the health field (Saxony-Anhalt)
- Research project at the Otto von Guericke University "Situations, risks and health of women in the middle years" (Saxony-Anhalt)
- Establishment of the Network for women's health in Schleswig-Holstein
- Co-design of the brochure entitled "Psychiatry and addiction – Guideline for women-adapted offerings" (Schleswig-Holstein)
- Women-specific therapeutic offerings within addiction (Thuringia)
o) Lesbians and gays
- Act on Competences and Procedures in accordance with the Act on Registered Partnerships (Gesetz über Zuständigkeiten und Verfahren nach dem Lebenspartnerschaftsgesetz) (Berlin, Brandenburg, Hamburg, North Rhine-Westphalia, Saarland, Thuringia)
- Support of gay and lesbian structures by the promotion of groups, associations, Land associations and projects on the advice, information, networking and public relations work (North Rhine-Westphalia, Saxony-Anhalt)
- Specialist conference "Rainbow families, where parents are lesbian, gay, bisexual or transsexual" (Berlin)
- Series of brochures on lesbian-gay emancipation (Berlin)
- Promotion the Land coordination agency for Lesbian and Gay Concerns in the Land of Brandenburg (Brandenburg)
- Promotion of the annual one-week tour through the towns of Brandenburg on the occasion of the Christopher Street Day under the patronage of the Minister of Labour, Social Affairs, Health and Women (Brandenburg)
- Establishment of a section in the office of the Senator for Labour, Women, Youth, Health and Social Affairs in the area "Young people" with the work focus "Same-sex lifestyles" (Bremen)
- Measures of education and emancipation work, brochures, leaflets, acceptance campaign (North Rhine-Westphalia)
- Measures in work with lesbian girls and gay boys (North Rhine-Westphalia)
- Measures to reduce violence against lesbians and gays (North Rhine-Westphalia)
- Basic research, studies and scientific surveys on same-sex lifestyles (North Rhine-Westphalia)
- Promotion of the Lesbians and Gays Association (Saarland)
- Anti-Discrimination Act (Saxony-Anhalt)
- Measures to "Suppress violence and discrimination against lesbians and gays and promote equal opportunities between homosexual and heterosexual ways of life in Schleswig-Holstein" (Schleswig-Holstein)
- Implementation Act for the Act on Registered Partnerships (Ausführungsgesetz zum Lebenspartnerschaftsgesetz - LPartAusfG) for Schleswig-Holstein (Schleswig-Holstein)
p) Women in art, culture and sport
- Programme for female artists (Berlin)
- Annual women's run (Berlin)
- Programme for female mentors: Occupational goal of appointing a female professor at the University of the Arts (Berlin)
- Promotion of various women's art and culture projects (Brandenburg)
- Women's prize for girls and women in sport (Brandenburg)
- Sybilla Merian Prize for Female Fine Artists (Hesse)
- Female mentor in art (Hesse)
- Expansion of networking in art (Hesse)
- Implementation of conferences on women's culture (Mecklenburg-Western Pomerania)
- Promotion of female artists, as well as various art and culture projects both of and for women in North Rhine-Westphalia:
- award of a North Rhine-Westphalia female artist's prize in alternating fields
- promotion of two women's film festivals (Feminale in Cologne and Femme totale in
Dortmund)
- promotion of a female rock musician (rocksie)
- video production on the changing portrayal of women in film during the 20th Century
"From screen goddesses to cybergirls" 2000)
- promotion of a women's culture office
- Campaign days "Popular sports for women and girls" (North Rhine-Westphalia)
- Promotion of female artists through women's culture conferences, music symposium for young women, business start-up seminars and female mentor project (Rhineland-Palatinate)
- "Wilhelmine Reichard - women go into the air" – sportswomen's festival opened by Minister of State Christine Weber on 21 March 2002 on the occasion of International Women's Day (Saxony)
- Promotion of the publication entitled "Head up, legs down and closed. Women exercise themselves free", drafted by Diana Richter on the occasion of the 31st German Gymnastics Festival 2002 in Leipzig (Saxony)
- Support for the "Politea" exhibition (an outline of German history from 1945 to the present day from a women's perspective. The focus is on women from both the East and the West) (Saxony)
- House for grant recipients in Salzwedel (grant to promote an artist's project in the shape of a cheap one-year stay in an artists' house, linked with a grant for travel and material costs) (Saxony-Anhalt)
q) Women with disabilities
- Network of and for women and girls with disabilities in Bavaria
- Network of and for girls and women with disabilities (Berlin)
- Advice for girls and women with disabilities in Berlin
- Concept to include violence-prevention provisions in the quality assurance assessment of the assistance facilities for people with disabilities (implementation phase) (Berlin)
- Working party on prevention and intervention in the case of sexual violence towards girls and women with (mental) illness in (and outside) the family (Berlin)
- Projects on self-assertion and self-defence for girls and women with disabilities (Berlin)
- Establishment of a project agency for women with disabilities (Bremen)
- Photograph exhibition entitled "Women with Disabilities" (Bremen)
- Network for women with disabilities
Support for the Hesse coordination office for women with disabilities (Hesse)
- Brochure entitled "The situation of women with disabilities in accommodation facilities providing assistance for people with disabilities in Hesse" (Hesse)
- Proportional involvement of women in the integration promotion council (Mecklenburg-Western Pomerania)
- Advice for women with disabilities in Lower Saxony (Lower Saxony)
- Study entitled "Teleworking – an opportunity for women with and without disabilities?!" (North Rhine-Westphalia)
- Promotion of pilot projects for women and girls with disabilities, such as projects for assistance, etc. (North Rhine-Westphalia)
- Measures to research and support women with disabilities, such as a report on the situation of women with disabilities in North Rhine-Westphalia (North Rhine-Westphalia)
- Events for women and girls with disabilities (North Rhine-Westphalia)
- Public relations work (brochure) (North Rhine-Westphalia)
- KOBRA coordination and advice agency for women with disabilities in Rhineland-Palatinate
- Pilot project entitled "Building up a Saxon network of women with disabilities" (Saxony)
- Document entitled "Women with disabilities in the Free State of Saxony" (Saxony)
- Gender-specific differentiation regarding violence experienced, in the framework of the empirical survey on the situation of people with disabilities in Saxony-Anhalt
- Implementation of a workshop in the framework of the 1999 specialist women's forum on the situation of women with disabilities in Saxony-Anhalt
- Promotion of the "Mixed Pickles" networking and coordination office for women with and without disabilities (Schleswig-Holstein)
r) Women and bodies
- Regulation for appointments to bodies in the Land Equality Act of Rhineland-Palatinate (Baden-Württemberg, Rhineland-Palatinate)
- Third bodies report regarding the representation of women in bodies on appointments on which the Land Government or the Land Parliament have an influence (Baden-Württemberg)
- Analysis of the bodies reports, recommendations for action (Baden-Württemberg)
- Nationwide specialist event of the Senate Administrations responsible for policy on women concerning the further development of the participation of women in decision-making bodies (March 2001) (Berlin)
- Regulation on equal appointment to the Broadcasting Council and the Administrative Council of the Berlin-Brandenburg Broadcasting Company in the Interstate Agreement on the Establishment of a Joint Broadcasting Company of the Länder of Berlin and Brandenburg (Brandenburg)
- Regulation on equal appointment to the bodies and on the accommodation of women in the shaping of proposals for the seconding bodies, authorities, units and other facilities of the Land in appointing, appointing or nominating body members within and outside the Land administration in the Land Equality Act (Brandenburg)
- Target regulation in the Land Equality Act (LGG), in accordance with which commissions, advisory councils, administrative and supervisory councils, as well as other bodies are to be appointed to in order to achieve equal gender participation, corresponding regulations for the secondment of individuals to bodies, duty to report (section 12 of the Land Equality Act, since 1999) (North Rhine-Westphalia)
- Establishment of a file of female experts for potential appointment to bodies (Rhineland-Palatinate)
- Workshops on the topic of "Women and bodies" (Rhineland-Palatinate)
- Duty for all Land and local authority units, as well as all other legal persons subjected to the legal supervision of the Free State of Saxony under public law, to work towards equal participation of women and men (cf. section 15 of the Saxony Promotion of Women Act (SächsFFG) dated 31.03.1994 (Saxon Law Gazette [SächsGVBl.] p. 684)) (Saxony)
- Building up a file of female experts (Saxony-Anhalt)
- Regulation on appointments to bodies, the members of which are nominated or seconded by public administration organisations (Schleswig-Holstein)
- Women in the assembly of the Thuringian Land media facility (Thuringian Broadcasting Act (Rundfunkgesetz) section 45 subsections 1 and 4) (Thuringia)
s) Women, media, public relations work and other measures
- Equality prize "aequitas" (Saarland, Schleswig-Holstein)
- Campaign for the 1999 local elections "Politics without women are missing the better half" with accompanying material including flags, sweatshirts, posters, a data leaflet on the representation of women in the Parliaments and a women's policy historical calendar (Baden-Württemberg)
- Women's Internet portal www.frauen-aktiv.de (Baden-Württemberg)
- Specialist conference on women-power-media (Baden-Württemberg)
- Strategy seminars for district, local authority and local counsellors "Location – standpoint - strategy" (Baden-Württemberg)
- Study: Representation of women in the media in Baden-Württemberg
- Promotion programme "Highlighting the services of women in Baden-Württemberg " (Baden-Württemberg)
- Hand-out entitled "Mentoring for women in local politics" (Baden-Württemberg)
- Brochure entitled "Top topics of women's policy – Programme of action of the Women's Commissioner of the Land Government" (Baden-Württemberg)
- 3rd Bavarian Women's Congress entitled "Interplay – a plea for partnership in family, education and work" (Bavaria)
- Land exhibition entitled "History of women in Bavaria"
- Exhibition entitled "Networks" – path-breaking women's projects in Bavaria
- Documentation on congresses and specialist conferences, and on the Bavarian Women's Promotion Prize (Bavaria)
- Promotion of the annual Brandenburg Women's Week (Brandenburg)
- Introductory Internet seminars for women (Bremen)
- Annual Bremerhaven Women's Week (Bremen)
- Exhibition entitled "Strong women" (Bremen)
- Information brochure on the new law of parent and child from 1.7.1998 (Bremen)
- Information brochure on separation and divorce (Bremen)
- Publication of a Women's city guide for the cities of Bremen and Bremerhaven (Bremen)
- Award of the annual Elisabeth Selbert Prize alternately to female journalists and scientists (Hesse)
- Establishment of an information and communication platform of and for women in North Rhine-Westphalia on the Internet "www.frauennrw.de", since 2001 (North Rhine-Westphalia)
- Video production on the changing portrayal of women in film during the 20th Century "From screen goddesses to cybergirls" (2000) (North Rhine-Westphalia)
- Annual campaign weeks together with the local equality commissioners on alternating topical foci (North Rhine-Westphalia)
- Annual event on International Women's Day (North Rhine-Westphalia)
- Exhibitions such as "Getting going – portrayals of women from North Rhine-Westphalia"
- Study entitled "Sexism and violence on television" and the portrayal of women and topics related to women in the local broadcasting of the Land North Rhine-Westphalia (North Rhine-Westphalia)
- Periodical Land information service on policy on women (North Rhine-Westphalia)
- Large number of women's and equality policy information documents (North Rhine-Westphalia)
- "More women in politics. Female politicians promote young female politicians" Political mentoring project in the Land of Rhineland-Palatinate (Rhineland-Palatinate)
- Local Agenda 21 and women: promotion of women's Agenda groups (Rhineland-Palatinate)
- Seminars for equality commissioners entitled "Equality at work", "Gender working" (Rhineland-Palatinate)
- Promotion of skill-building for women on a voluntary basis (Rhineland-Palatinate)
- Allocations for women's policy umbrella associations, Land working parties, as well as for coordination and advice agencies for women (Saxony)
- Guideline on the Granting of Allowances for the Promotion of Equal Opportunities of Women and Men dated 19.6.2001. It governs the promotion of women's measures and women's projects, as well as the strengthening of the work of women in rural areas (Saxony)
- "Ten years of equality policy in the Free State of Saxony", specialist government declaration by the Minister of State for Equality of Women and Men, Christine Weber, on 4 April 2001 before the Saxon Land Parliament (drafting of a protocol). (Saxony)
- "Ten years of equality policy in the Free State of Saxony – Development of the situation of women from 1990 to 2000", ed. by the Minister of State for Equality of Women and Men (Saxony)
- Land Internet portal for women entitled "Saxony-Anhalt women's information system " (Saxony-Anhalt)
- Expert report on voluntary work by women and men (Schleswig-Holstein)
- Brochure entitled "Key points of the Thuringia women's network" (3rd ed.) (Thuringia)
t) Gender Mainstreaming
- Resolution by the Land Government on the implementation of gender mainstreaming within the Land administration (Baden-Württemberg)
- Introduction of gender mainstreaming in the Berlin Senate Administration
- Agreement to implement gender mainstreaming in the Ministry of Labour, Social Affairs, Health and Women, 2000, (Brandenburg)
- Department-specific further training on gender mainstreaming for managers at the Ministry of Labour, Social Affairs, Health and Women, 2000 (Brandenburg)
- Development of division-specific gender mainstreaming pilot projects in the Ministry of Labour, Social Affairs, Health and Women, 2001 (Brandenburg)
- Landwide gender mainstreaming specialist conference on the policy fields of media, health, local authority administration, economics and EU structural promotion, 2001 (Brandenburg)
- Supra-divisional gender mainstreaming group and inter-ministerial ad hoc group on gender mainstreaming at working level (currently being prepared), (Brandenburg)
- Foci: Gender mainstreaming in education (school vocational orientation for girls and boys) (Brandenburg)
- Gender mainstreaming and modernisation of the administration (Brandenburg)
- Study entitled: "Gender analysis of the printed, audio-visual and digital media in the Land of Brandenburg 01/02" (not yet published) (Brandenburg)
- Measures of public relations work on gender mainstreaming (lectures, printed and Internet articles - the latter currently under construction) (Brandenburg)
- Information events on gender mainstreaming (Bremen)
- Event entitled "Equal opportunities through the European Social Fund in the Metropolis Region of Hamburg – Approach for gender mainstreaming action in project development" (Hamburg)
- Project entitled "Introduction of competence groups, taking account of the gender working aspect" (Hamburg)
- Gender event "Mars and Venus – Two worlds, one team?" (Hamburg)
- Project entitled "Implementation of measures to promote women in the framework of agreed goals and performance" (Hamburg)
- Introduction of gender mainstreaming in the Land Government in Hesse, including for instance:
Event launched by the Hesse Prime Minister and the Hesse Social Ministry on the topic of "Gender Mainstreaming as a future-orientated strategy of Equality Policy", 2001 in Wiesbaden
Event on the topic of "Gender mainstreaming – a modern strategy to implement equal opportunities for women" in the framework of the 11th specialist conference entitled "Lobby for a women's network"
- Implementation of gender mainstreaming in the North Rhine-Westphalia-EU labour market and structural policy (Objectives 2 and 3) by entrenching gender mainstreaming at programme level, in case of specific measures and by appropriate accompanying structures and programme controlling (North Rhine-Westphalia)
- Pilot project entitled "Gender training – An element for management of in-company equality policy and follow-up project" in cooperation with the chemical industry (Rhineland-Palatinate)
- Implementation of gender mainstreaming in the Land administration by means of a coalition agreement, cabinet- and Land Parliament resolution (Rhineland-Palatinate)
- Events for managers from the Land administration, the local authorities, political education and the institutions of higher education on gender mainstreaming (Rhineland-Palatinate)
- Publication of an information leaflet, a practical introduction and checklist criteria on gender mainstreaming (Rhineland-Palatinate)
- Concept on the gender mainstreaming approach in the EU Structural Fund promotion (focus on ESF; Objective 1 – promotion) (March 2001) (Saxony)
- Research on gender mainstreaming: (Centre for Research on Women and Gender at the University of Leipzig, Gender Studies Coordination Agency (KoGenS) at the Evangelical Institution of Higher Education for Social Work in Dresden, project group "Gender relationships in research and training" at the Technical University of Dresden) (Saxony)
- Gender mainstreaming introduced as one of the guiding values (Community objectives) in the Saxon Operational Programme for the EU Structural Fund promotion and the Interreg III A Community initiative (Saxony)
- Amendment of the regulations on cabinet work related to gender mainstreaming in August 2002 (Saxony)
- Drafting a "Concept to implement gender mainstreaming at different levels and in various fields across Saxony" under construction until November 2002; followed by a pilot trial at rural district and ministerial level" (Saxony)
- Plan for implementation of the Land Government dated 2.5.2000 (Saxony-Anhalt)
- Promotion of the "(GISA) Gender Institute" (Saxony-Anhalt)
- Further training and organisational development projects to implement the gender mainstreaming concept (Saxony-Anhalt)
- Nationwide open space conference entitled "Gender mainstreaming in practice" (Saxony-Anhalt)
- Brochure entitled "Gender mainstreaming in Saxony-Anhalt" (Saxony-Anhalt)
- Framework concept entitled "Gender mainstreaming – A modern control tool to improve quality" of the Land Government Schleswig-Holstein dated 16 June 2002 (Schleswig-Holstein)
- Specialist conference entitled "Gender Mainstreaming" dated 12 October 2000 (Schleswig-Holstein)
- Specialist conference entitled "Equal opportunities through modern personnel policy" 8 November 2001 (Schleswig-Holstein)
- Specialist conference entitled "With mentoring to the top – Personal career promotion as a recipe for success" 28 February 2002 (Schleswig-Holstein)
- Application of gender mainstreaming in all planning and measures (Thuringia)
- Research into women concerning the topic of "Gender mainstreaming", University of Erfurt, and discussion of the results at an international conference (Thuringia)
4.) Publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on equality policy topics
4.1 Series of publications of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Published by: Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, 11018 Berlin, www.bmfsfj.de
Vol. 164: Umfeld und Ausmaß des Menschenhandels mit ausländischen Mädchen und Frauen, Authors: Dr. Dagmar Heine-Wiedemann, Dr. Lea Ackermann, Hans-Jürgen Mahnkopf, Dr. Rainer Wiedemann
Vol. 165: Familien- und Kinderfreundlichkeits-Prüfung in Kommunen: Erfahrungen und Konzepte, IES report 215.97, academic work by Dr. Andreas Borchers, Dr. Dirk Heuwinkel
Vol. 176: Teilzeit für Fach- und Führungskräfte
Manual for personnel officers and managers, academic work by Infratest Burke Sozialforschung GmbH & Co. Eva Bujok, Harald Bielenski
Vol. 179: Väter und Erziehungsurlaub
Final report of the "Fathers and child-raising leave" survey - University of Bamberg -
Prof. Dr. Laszlo A. Vaskovics, Harald Rost
Vol. 180: Die wirtschaftlichen Folgen von Trennung und Scheidung
Prof. Dr. H.-J. Andreß und Henning Lohmann, University of Bielefeld Faculty of Sociology
Vol. 183: LIVE Leben und Interessen vertreten - Frauen mit Behinderung - Lebenssituation, Bedarfslagen und Interessenvertretung von Frauen mit Körper- und Sinnesbehinderungen -
Authors: Nicole Eiermann, Monika Häußler, Cornelia Helfferich
Manual for non-residential assistance for homeless women
Sozialwissenschaftliche Frauenforschung e. V. Frankfurt,
Authors: Dr. Uta Enders-Dragässer, Dr. Brigitte Sellach, Antje Feig, Marie-Luise Jung,
Sabine Roscher
Vol. 186.1: Berufliche Förderung von alleinstehenden wohnungslosen Frauen
Final report of the academic work on the project of the same name commissioned by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth 1998-2000,
Author: Dr. Uta Enders-Dragässer
Vol. 193, Modelle der Kooperation gegen häusliche Gewalt, "Wir sind ein
Kooperationsmodell, kein Konfrontationsmodell"
Results of the academic work by the Berlin Intervention Project against Domestic Violence (BIG) - University of Osnabrück -
Authors: Prof. Dr. Barbara Kavemann, Beate Leopold, Dr. Gesa Schirrmacher, Prof. Dr. Carol Hagemann-White
Vol. 193.1, Fortbildung für die Intervention bei häuslicher Gewalt - Auswertung der
Fortbildungen für Polizeiangehörige sowie Juristinnen und Juristen -
Results of the academic work by the Berlin Intervention Project against Domestic Violence, Author: Prof. Dr. Barbara Kavemann
Vol. 194.3: Freiwilliges Engagement in Deutschland - Frauen und Männer, Jugend,
Senior citizens und sport
Results of the representative study on voluntary work and civil commitment, Author: Sibylle Picot
Vol. 199: Alleinerziehen – Vielfalt und Dynamik einer Lebensform
Authors: Norbert F. Schneider, Dorothea Krüger, Vera Lasch, Ruth Limmer, Heike Matthias-Bleck
Vol. 209: Bericht zur gesundheitlichen Situation von Frauen in Deutschland
A stock-take accommodating the different development in Western and Eastern Germany implemented in academic cooperation between various institutions
Vol. 218: Frauenspezifische Beratungseinrichtungen für Existenzgründerinnen
Analyses and potential; Deutsches Gründerinnen Forum e. V. : Dr. Birgit Buschmann, Margit Bonacker, Angelika Caspari
4.2 Brochures, reports, documentation and material on the equality policy of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Equality policy in general
Männerforschung als Beitrag zur Geschlechterdemokratie – Ansätze einer kritischen Männerforschung im Überblick
Zweiter Bericht der Bundesregierung über den Anteil der Frauen in wesentlichen Gremien im Einflussbereich des Bundes, Federal Parliament printed paper 13/1076
Dritter Bericht der Bundesregierung über den Anteil der Frauen in wesentlichen Gremien im Einflussbereich des Bundes, Federal Parliament printed paper 14/9210
Vierter Bericht der Bundesregierung über die Förderung von Frauen im Bundesdienst, Federal Parliament printed paper 14/5003
Fragebogen der Vereinten Nationen zur nationalen Umsetzung der Aktionsplattform der Vierten Weltfrauenkonferenz von Peking
Responses by the Federal Republic
Frauen 2000: Gleichstellung, Entwicklung und Frieden für das 21. Jahrhundert
The main results of the Special General Assembly on "Beijing plus 5"
20 Jahre Übereinkommen der Vereinten Nationen zur Beseitigung jeder Form von Diskriminierung der Frau
Die Frauen der Welt 2000 – Trends und Statistiken
German translation of the United Nations documentation
Women's interests and policy on women
A representative survey on the interests of women and their expectations of the political sphere carried out by the Allensbach Institute for Demoscopy commissioned by the Federal Ministry of Consumer Protection, Food and Agriculture, March 2000
Measures by the Federal Government to improve equality of women and men
The new Federal Act on Equal Opportunities between Women and Men in the Federal Administration and in the Courts of the Federation (Gesetz zur Gleichstellung von Frauen und Männern in der Bundesverwaltung und in den Gerichten des Bundes)
Neuer Aufbruch in der Gleichstellungspolitik, leaflet
Gleichstellung im Aufwind – Perspektiven einer modernen Gleichstellungspolitik. Documentation of the specialist congress of the women's commissioners of the Federation on 22 and 23 March 2000
Mit allen - für morgen.
Mehr Chancen, mehr Rechte, mehr Sicherheit
Fakultativprotokoll zum Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau
Brochure on the United Nations Convention on the Elimination of All Forms of Discrimination against Women, No. 82/2001
Gender Mainstreaming. Was ist das?
Brochure on the gender mainstreaming principle and the Federal Government's implementation strategy for gender mainstreaming
Gender-spezifische Aufbereitung der amtlichen Statistik
Möglichkeiten respektive Anforderungen
An expert report by the Institute for Research into Medium-sized Companies
Die Darstellung von Frauen und die Behandlung von Frauenfragen im Fernsehen. Resumé final report drafted and submitted by Heike Becker, M.A. and Prof. Dr. Wolfgang Becker (No. 83/2001)
Ursache und Umfang von Frauenarmut
Expert report in the framework of the Federal Government's Poverty and Riches Report (No. 86/2001)
Gesetz zur Regelung der Rechtsverhältnisse der Prostituierten Prostitutionsgesetz – ProstG)
Wording of the Act and grounds regarding the basic draft Bill (No. 87/2001)
Women and work / reconciliation
Programme entitled "Frau und Beruf" - Aufbruch in der Gleichstellungspolitik
Best Practices. Vorbildhafte Unternehmensbeispiele zu Chancengleichheit in der Wirtschaft
Chancengleichheit in der Wirtschaft
Final documentation of the four dialogue fora and the congress on equal opportunities of women and men in industry
Rückkehr in den Beruf
Information on ways to return to work after maternity and child-care leave
STARTNOW
freundin SPECIAL ISSUE FOR WOMEN STARTING UP IN BUSINESS
Chancengleichheit in einer familienfreundlichen Arbeitswelt
Social auditing in Europe
Der familienfreundliche Betrieb 2000: Neue Chancen für Frauen und Männer
Documents on the national competition
WOW - Women on the Web
Documents on the international "Women on the Web" conference – Opportunities and benefits of the Internet for women, 8.-10.03.2001, Hamburg, ed. April 2002
Vereinbarkeit von Familie und Erwerbstätigkeit
Advice for self-employed persons and family members employed in family businesses
Aktivitäten von und für Unternehmerinnen und Existenzgründerinnen im Bereich der Klein und Mittelbetriebe
National overview and address list
12 Diskussionspunkte zur Förderung einer gleichberechtigten Teilhabe von Männern und Frauen bei Unternehmensnachfolge und Existenzgründung
Results of ongoing cooperation between the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the German Chamber of Industry and Commerce (DIHK), the Central Association of the German Crafts Trades (ZDH) and the German Equalisation Bank (DtA).
Frauen im Kultur- und Medienbetrieb III
Fakten zu Berufssituation und Qualifizierung
Women in the Arts and Media III
A report by the Centre for Cultural Research for the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, kultur & wissenschaft, Vol. 19
Trotz Fleiß – keinen Preis?
Frauen in der individuellen Künstlerförderung II
A report by the Centre for Cultural Research for the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, kultur & wissenschaft, Vol. 20
Beratungs- und Qualifizierungsangebote der Kammern zur Förderung unternehmerischer Aktivitäten von Frauen – Concise version (No. 74/2000)
CHANGE / CHANCE Community initiative. Publication of the research of the German Forum of Women Starting up in Business on the topic of: "Gründung, Übernahme und Leitung von Unternehmen durch Frauen" (No. 76/2000)
Potenziale sozialverträglicher Arbeitnehmerüberlassung zur Wiedereingliederung von Frauen – Expert statement on the pilot trial at START Zeitarbeit NRW GmbH and the Gesellschaft für Arbeitnehmerüberlassung Thüringen mbH (No. 77/2000)
Familienbezogene Gestaltung von Telearbeit 1997-2000
Final report (No. 81/2000)
Bericht zur Berufs- und Einkommenssituation von Frauen und Männern
First report by the Federal Government on the vocational and income situation of women and men, ed. 2002 (No. 85/2002)
Rentenratgeber für Frauen
Die Familie im Spiegel der amtlichen Statistik
6. Familienbericht: Familien ausländischer Herkunft in Deutschland: Leistungen – Belastungen - Herausforderungen
Familien im Zentrum. Bestandsaufnahme und Perspektiven der Familienpolitik der Bundesregierung
Behinderte Eltern: (Fast) unsichtbar und doch überall (No. 7/2000)
Wie leben die Deutschen?
Lebensformen, Familien- und Haushaltsstrukturen in Deutschland – Special evaluation using the 1998 Microcensus data (No. 10/2000)
Familienselbsthilfe und ihr Potenzial für eine Reformpolitik von "unten"
Individual, family and community impact and benefits of family self-help (No. 15/2001)
Mein Papa und ich - Ein Vater-Kind-Ratgeber
(published in cooperation with the Mehr Zeit für Kinder e.V.) ed. 2002
Material on the "Mehr Spielraum für Väter" campaign, information display, brochure, poster, video cassette, cassette, CD-ROM
Education (support benefits/advice)
Child-raising benefit, child-raising leave
Information on the old Federal Child-Raising Benefit Act which applies to parents whose children were born before 31.12.2000.
Erziehungsgeld, Elternzeit
The new Federal Child-Raising Benefit Act for parents with children born from 2001 onwards
Gesetzliche Bestimmungen § 218
Information for women, families, advice agencies and doctors on the Act Amending the Act on Assistance for Pregnant Women and Families (Schwangeren- und Familienhilfeänderungsgesetz) (SFHÄndG 1995)
Kindergeld 2002
Mutterschutzgesetz
Guideline on the Maternity Protection Act
Das neue Kindschaftsrecht
Joint brochure by the Federal Ministry of Justice and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Praxis der Kinderpsychologie und Kinderpsychiatrie
Results of psychoanalysis, psychology and family therapy, ed. 9/10/01
Staatliche Hilfen für Familien – wann, wo, wie,
Mehr Respekt vor Kindern
- Information brochure on violence-free education Talks with experts, reports, activities, assistance
- Leaflet on violence-free education (published in cooperation with the Federal Ministry of Justice) containing information for parents on violence-free education
Gewaltfreies Erziehen in Familien – Schritte der Veränderung
Documentation of a specialist conference of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the German Youth Institute on 21/22 March 2000 in Berlin (No. 8/2000)
Gewaltfreie Erziehung
Documentation of a specialist conference of the Family division of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on 18/19 May 2000 (No. 9/2000)
Lone parentage
Allein erziehend - Tipps und Informationen
Association of single mothers and fathers, 14th ed. 2002
Alleinerziehen in Deutschland
Resources and risks of a lifestyle
Documentation of the specialist conference held on 23 June 2000, Humboldt University in Berlin
Der Unterhaltsvorschuss
Information on payment of maintenance advances and further assistance for single parents
Violence
Frauenhäuser in Deutschland – Handbuch
Frauen handeln in Deutschland
Women's projects in Germany on the problems associated with trafficking in women – documentation
Genitale Verstümmelung bei Mädchen und Frauen
Mehr Mut zum Reden
About abused women and their children
Aktionsplan der Bundesregierung zur Bekämpfung von Gewalt gegen Frauen
Specialist conference entitled "Zivilrechtliche Schutzmöglichkeiten bei häuslicher Gewalt" held on 11 Mai 1999 in Bonn, Documentation (No. 75/2000)
Formulare für Frauen zur Beantragung zivilrechtlichen Schutzes nach dem Gewaltschutzgesetz - erstellt vom Berliner Interventionsprojekt gegen häusliche Gewalt (No. 80/2000))
Sorge- und Umgangsrecht bei häuslicher Gewalt: Aktuelle rechtliche Entwicklungen, wissenschaftliche Erkenntnisse und Empfehlungen (No. 90/2002)
Rahmenbedingungen für polizeiliche / gerichtliche Schutzmaßnahmen bei häuslicher Gewalt (No. 91/2002)
Gewalt gegen Frauen hat viele Gesichter
Brochure by women for women
Gewalt in Ehe und Partnerschaft – Suggestions and proposals for advice work with women who have been abused
Mehr Schutz bei häuslicher Gewalt – Information on the new Act to Protect Against Violence
No. 1: Alte Ziele – Neue Wege Gewalt gegen Frauen im häuslichen Bereich
Published by: BIG e. V. (Berlin Initiative against Violence against Women), coordination agency of the Berlin Intervention Project against Domestic Violence
No. 2: Jetzt erst Recht - Rechtliche Rahmenbedingungen effektiver Intervention gegen häusliche Gewalt
Published by: BIG e. V. (Berlin Initiative against Violence against Women), coordination agency of the Berlin Intervention Project against Domestic Violence
No. 3: Grenzen setzen – verantwortlich machen – Veränderungen ermöglichen - Die Arbeit mit Tätern im Rahmen eines Interventionsprojektes gegen häusliche Gewalt
Published by: BIG e. V. (Berlin Initiative against Violence against Women), coordination agency of the Berlin Intervention Project against Domestic Violence
Berliner Interventionsprojekt gegen häusliche Gewalt
Ein neuartiges Projekt gegen Männergewalt an Frauen stellt sich vor
BIG e. V. (Berlin Initiative against Violence against Women), coordination agency of the Berlin Intervention Project against Domestic Violence
Women with disabilities
Frauen mit Behinderung – Leben und Interessen vertreten – LIVE
Documentation of the symposium held from 5-7 May 1999 in Freiburg im Breisgau
Mit uns ist zu rechnen
Brochure with tips for women with disabilities
Umfrage in Berufsbildungs- und Berufsförderungswerken zur Situation von Frauen und Mädchen mit Behinderungen
Sub-project of the "Federal Organisation Agency of Women with Disabilities" managed by the Bildungs- und Forschungsinstitut zum selbstbestimmten Leben Behinderter–BIFOS– e. V.
Berlin/Kassel
Women in special situations
Deutschland - ein Paradies für Frauen? – Information for women wishing to enter Germany
Available in: German, English, Spanish, Serbo-Croat, Turkish, Romanian, Czech, Bulgarian, Russian, Thai, Portuguese and Polish
Aber nie, nie im Leben hab' ich mir vorgestellt, dass so was möglich ist - Kalendarium des Frauen-Konzentrationslagers Ravensbrück
Chronology and texts on the history of Ravensbrück women's concentration camp,
Authors: G. Philipp & Ch. Schikorra
Altenbericht, Dritter – Alter und Gesellschaft
Dritter Bericht zur Lage der älteren Generation in der Bundesrepublik Deutschland: Alter und Gesellschaft und Stellungnahme der Bundesregierung, German Federal Parliament, 14th electoral term, printed paper 14/5130 of 19.1.2001
Altenbericht, Vierter – Risiken, Lebensqualität und Versorgung Hochaltriger - unter besonderer Berücksichtigung demenzieller Erkrankungen
Vierter Bericht zur Lage der älteren Generation in der Bundesrepublik Deutschland Risiken, Lebensqualität und Versorgung Hochaltriger - unter besonderer Berücksichtigung demenzieller Erkrankungen und Stellungnahme der Bundesregierung, German Federal Parliament, 14th electoral term, printed paper 14/8822 of 18.4.2002
Beteiligungsmöglichkeiten für Kinder und Jugendliche und Freiwilliges Engagement
Excerpt from the major interpellation of the Federal Parliament parliamentary coalitions SPD and BÜNDNIS 90/DIE GRÜNEN "Zukunft gestalten - Kinder und Jugendliche stärken"
Eltern bleiben Eltern
Information on aids for children when their parents separate
Published by the Deutsche Arbeitsgemeinschaft für Jugend und Eheberatung
Frauen und Männer: Gemeinsame Aufgaben gleichberechtigt wahrnehmen
Pedagogical hand-out
Gemeinsame Aufgabe Gleichberechtigung
A booklet for young people
Mädchenpolitik
Response of the Federal Government to a major interpellation of the parliamentary coalition Bündnis 90 / Die Grünen (Federal Parliament printed paper)
Sexueller Kindesmissbrauch – Vorbeugen und Helfen
(video film and accompanying book) – a combined-media further training programme for anyone dealing with children on a professional or volunteer basis
NAKOS Grüne Adressen 1999/2000
National Contact and Information Agency to propose and support self-help groups, nationwide self-help associations and relevant institutions
NAKOS Rote Adressen 1999/2000
National Contact and Information Agency to propose and support self-help groups, local / regional self-help support in Germany
Freiwilliges Engagement als Chance zur Teilhabe aus der Geschlechterperspektive – Auswertungen zu den Tätigkeitsbereichen und Potenzialen der Freiwilligenarbeit auf der Grundlage des Freiwilligensurvey 1999 (No. 88/2001)
Materialien der Bundeszentrale für gesundheitliche Aufklärung
Published on behalf of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth:
Forum Sexualaufklärung booklet 4-2001, Gender Mainstreaming
Family (planning)
Familienplanung und Lebensläufe von Frauen- Kontinuitäten und Wandel. Documentation on the symposium held by the Federal Centre for Health Education in Freiburg from 27-29.2.2000
Wissenschaftliche Grundlagen – Familienplanung
Vol. 13.3 of the specialist series entitled "Forschung und Praxis der Sexualaufklärung und Familienplanung"
frauen leben - Eine Studie zu Lebensläufen und Familienplanung
Vol. 19 of the series of specialist books entitled "Forschung und Praxis der Sexualaufklärung und Familienplanung"
Forum sexual education and family planning booklet 1-1999 Familienplanung
Forum sexual education booklet 1-2001, Jugendliche Schwangere und Mütter
Forum sexual education and family planning booklet 1/2 2001 Reproduktionsmedizin Gentechnologie
Schwanger? - Informationen für Migrantinnen in Deutschland (German/arabisch, German/English, German/French, German/Serbo-Croat, German/Turkish)
Pränataldiagnostik Beratung, Methoden, Hilfen a leaflet providing initial information
Medienset unerfüllter Kinderwunsch
• Ein "kleines Wunder": Die Fortpflanzung brochure in German/Turkish
video in German/Turkish
• Wenn ein Traum nicht in Erfüllung geht... brochure in German/Turkish
video in German/Turkish
• Sehnsucht nach einem Kind brochure in German/Turkish
video in German/Turkish
• "Warum gerade wir?" brochure in German/video in German
Sichergehn Verhütung für sie und ihn
Partnerschaftlich handeln
A building block manual for trainers in in-company training
Girls
Forum sexual education Vol. 3-2000, Mädchen und Frauen
"meine Sache" - Documentation of the specialist conference on sexual education work with girls
Sexualpädagogische Mädchenarbeit – Series of specialist booklets: "Forschung und Praxis der Sexualaufklärung und Familienplanung", Vol. 17
5.) Publications of other Federal Ministries and agencies on equality-related topics
Published by: Foreign Office, Brochures Office, Werderscher Markt 1, 10117 Berlin,
Drittes Forum Globale Fragen
Gleichstellung in Politik, Gesellschaft und Wirtschaft, Berlin, 8-9 May 2000
Kinderrechte sind Menschenrechte - Kinder in Europa und Zentralasien
Documentation of the conference held from 16-18.5.2001, Berlin
Europa gegen Menschenhandel
Documentation of the conference held from 15-16.10.2001, Berlin, in cooperation with the OSCE BMRDI
Fünfter Menschenrechtsbericht der Bundesregierung, 2000
Sechster Menschenrechtsbericht der Bundesregierung, 2001
Published by: Federal Ministry of Labour and Social Affairs, Public Relations Section, Postfach 500, 53105 Bonn,
Alterssicherung von Frauen in der Europäischen Union und der Schweiz, Regelungen und aktuelle Reformen, research report
Arbeitsplatz Haushalt, advice booklet
Der Bildschirm-Arbeitsplatz
Bericht der Bundesregierung über die soziale Lage der Künstlerinnen und Künstler in Deutschland
Hilfe für Opfer von Gewalttaten
Lebenslagen in Deutschland. The first report of the Federal Government on poverty and riches, data and facts
Leben, lernen, arbeiten in Europa
Ratgeber für behinderte Menschen
Soziale Sicherung im Überblick
(also available: Social Security)
Teilzeit – Neue Perspektiven - Menschen, Motive, Modelle
Telearbeit - Ein Leitfaden für flexibles Arbeiten in der Praxis
Teilzeit- alles was Recht ist.
Legal framework for employees and employers
Published by: Federal Ministry of Education and Research, Postfach 300 235, 53182 Bonn
Beruf Informatikerin – be.it.
Beruf Ingenieurin - be.ing.
Berufliche Chancen für Frauen in unserer Informationsgesellschaft - Leaflet
Europäischer Bildungsraum – Grenzenlos Lernen und Arbeiten
EXIST: Existenzgründer aus Hochschulen – Stand und Perspektiven
Frauen in Bildung und Forschung - Gender Mainstreaming
(also available: More women at the top! Gender Mainstreaming in research facilities)
Published by: Federal Ministry of Finance, Wilhelmstr. 97, 10117 Berlin,
www.bundesfinanzministerium.de
Die neue Familienförderung
Published by: Federal Ministry for Health, Am Probsthof 78 a, 53121 Bonn
Fortpflanzungsmedizin in Deutschland, Vol. 92 of the series of publications, 2000
The following material is published by the Federal Centre for Health Education, 51101 Köln, www.bzga.de on behalf of the Federal Ministry for Health:
Es gibt etwas, das Du vor Deiner Ehe wissen musst – Brochure with information on AIDS for young Turkish women
Alkohol und Schwangerschaft - German Council on Addiction Problems (DHS)
Frau Sucht Gesundheit – Ich will da raus!
Dealing with the disease of addiction
Frau Sucht Gesundheit –Statt Risiken und Abhängigkeit-
How women can check their use of psychopharmaceuticals (DHS)
Frau Sucht Gesundheit – Mit Vorsicht genießen –
Information and tips for women on the topic of alcohol (DHS)
Frau Sucht Gesundheit – Die Luft anhalten – oder: Warum rauchen Frauen
Frau Sucht Liebe – Co-Abhängigkeit und Beziehungssucht
Auf dein Wohl, mein Kind!
Advice booklet on the topic of alcohol for expectant parents
Ich bekomme ein Baby – rauchfrei
Advice booklet for pregnant women and their partners
Das Baby ist da – rauchfrei
Advice booklet for young parents to anchor their decision not to smoke
Geschlechtsbezogene Suchtprävention. Praxisansätze–Theorieentwicklung–Definitionen Vol. 2 of the series entitled Forschung und Praxis der Gesundheitsförderung
Starke Mädchen – A magazine for girls about lust and frustration, true love and friendship
Published by: Federal Ministry of the Interior, Alt Moabit 101d, 10559 Berlin
Asylpraxis - Vol. VI
Das neue Staatsangehörigkeitsrecht – Einbürgerung: fair, gerecht, tolerant,
Teilzeitbeschäftigung im öffentlichen Dienst
Published by: BMJ, Mohrenstr. 37, 10117 Berlin
Marriage and family
Ehe- und Familienrecht, Information on the law on marriage and divorce, maintenance, property regimes and pension rights adjustment
Violence
Kinderpornographie, Youth protection and provider responsibility on the Internet, A survey comparing criminal laws, Forum Verlag Godesberg
Opferfibel - Rechtswegweiser für Opfer einer Straftat
Children
Kinder suchen Eltern, Eltern suchen Kinder.
Information on the law on adoption and on adoption placement
Das neue Kindschaftsrecht. Questions and answers on the law of parentage, on the law of parental custody, on the law of access, on the law relating to names and on the new provisions in court procedure
Published by: Federal Ministry of Defence, InfoService, Rochusstr. 32, 53123 Bonn
Stichworte: "Frauen in der Bundeswehr"
Info zur sozialen Absicherung für Soldatinnen
Published by: Federal Ministry of Economics and Technology, Scharnhorststr. 34-37, 10115 Berlin
Starthilfe – Der erfolgreiche Weg in die Selbständigkeit
Erfolgreich selbständig. Frauen unternehmen was! -
Tips for women starting up in business
Wettbewerbsvorteil - Familienbewusste Personalpolitik
Published by: Federal Ministry for Economic Cooperation and Development, Public Relations Section, Friedrich-Ebert-Allee 40, 53113 Bonn,
"Empowerment" von Frauen in der entwicklungspolitischen Praxis
Für globale soziale Gerechtigkeit - BMZ Special No. 034
Frauen bewegen die Welt
Gleichberechtigungskonzept "Konzept für die Förderung der gleichberechtigten Beteiligung von Frauen und Männern am Entwicklungsprozess"
Umsetzung des Aktionsprogramms der Weltbevölkerungskonferenz, BMZ Special No. 095
Entwicklung ist weiblich, video
Published by: Federal Press and Information Office, 11044 Berlin
Familie Deutschland. Mehr Chancen, mehr Rechte, mehr Sicherheit
Frauen in Europa
Federal Employment Service
Published by: Federal Employment Service, Publications Unit, Postfach, 90327 Nürnberg, www.arbeitsamt.de
- Auswirkungen der Informationstechnik auf die Frauenerwerbstätigkeit - insbesondere in den Büroberufen
- Frauenerwerbstätigkeit - Literatur und Forschungsprojekte
Documentation of the reference material available on research into the labour market and occupations
- Beschäftigungsprojekte für Frauen auf dem Lande in Ostdeutschland
(Institute for Research into the Labour Market and Occupations of the Federal Employment Service)
- Informationen für die Beratungs- und Vermittlungsdienste der Bundesanstalt für Arbeit (IBV); regular special booklets on the topic of women, e.g. Gender Mainstreaming, Frauen und IT, Teilzeitausbildung für Mütter und Väter, Wege zur Chancengleichheit, Weiter geht’s mit Job-AQTIV
- Arbeitsmarktchancen für Frauen - Beiträge zur Arbeitsmarkt- und Berufsforschung
Gerhard Engelbrech (ed.), BeitrAB 258, Nuremberg 2002
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