Intersektionale Ansätze in Gleichstellungsgesetzen

Abstract

Gender equality laws have existed in public administration in Germany since 1998. These laws specify the constitutional requirement of gender equality on the basis of article 3(2) of the German Constitution. Considering the background of present discussions in Germany concerning inclusion and diversity in public administration, this article analyses possibilities to address intersectional discrimination, including racial discrimination and discrimination based on different socio-economic backgrounds. Therefore, the following critical analysis focuses on possible intersectional approaches in German gender equality laws. The article presents the primary existing constitutional provisions and simple legal rulings, while also taking a ‘de lege ferenda’ perspective. To this end, the article suggests concrete wording for new legislation and for the amendment of existing laws.