Speech by Harald Wolf at the commemorative event "20 years of the Berlin State Equal Treatment Act on 13 January 2011 at the Willy-Brandt-Saal
Ladies and gentlemen, from government, business and Science,
dear parliamentarians,
very women representatives,
dear women and equal opportunities officer,
dear women's political allies and contributors,
welcome to our anniversary event. "20 years of the Berlin State Equal Treatment Act." We have turned in recent years on the occasion of the "LGG anniversary of" multi-faceted themes: issues relating to staff development, the bodies cast, the advancement of women in general and in particular.
Today is another issue to watch: The Berlin State Equal Treatment Act itself, it has become 20 years old, it has outgrown its infancy and has become an established, if not always beloved part developed by the Berlin administrative action. It gives me great pleasure to speak on the occasion of today's ceremony to you about "achievements and perspectives of legal equality schemes. I will look back at the history of the development of LGG toss my and turn your attention to what the 9th with Amendment to the LGG, the 28 November last year came into force, can be achieved and should, and I will with considerations about how it will continue with the legal advancement of women in the new decade at all or end to.
Today is also the day to thank all those who have dedicated themselves in some decades of work, often tirelessly the difficult issue of equality between women and men: the women-and gender-political actors in policy , administration, economy, science and the many volunteers in associations, clubs and initiatives.
Review
Before going into the new National Equality Act further imagine, you can look back to speak briefly on the origins and development of the LGG:
Today 20 years ago, the State Equal Opportunities Act (LGG) - back then it was still called the country's anti-discrimination law, in short LADG - entered into force. Here at this historic site - in the former plenary hall of the Berlin House of Representatives in the Schöneberg Town Hall - the LADG on 29 November 1990 in the third reading after difficult and controversial parliamentary debates, adopted on removal after falling silent constitutional concerns 31st December 1990 by the President of Parliament issued on 12 January in Berlin Law and Regulation Journal.
focal point of the constitutional concerns at that time was the introduction of a quota system, under which women should be in the event of under-representation to qualified and subject to the individual justice, "preferably" recruited or promoted.
The word "quota" is also in today's debates about the equalization of opportunities for women and men still constitute a stimulus word, it has lost little potential for dispute. However - this I would anticipate - did not last, the European Court clearly spoken words and made it clear that quotas - as it provides, inter alia, the Berlin LGG - be a perfectly legitimate and necessary equality law instrument.
was the creation of the LADG forward the idea to ensure comprehensive protection against discrimination by public or private action. This approach has been reduced over the difficult political debate and the legislative process to eliminate the disadvantages faced by professional women. It is taken up only in 2006 with the creation of the General Equal Treatment Act, implemented and again in Germany, German law was.
The LADG followed in 1984 adopted the "Guidelines for the promotion of female public employees of the State of Berlin." It was "born", not least from the realization that the non-binding character does not have these guidelines, the job situation of women in the Berlin state service improves sustained and that require significant intervention in the personnel authority of the Berlin State service of a legal basis for authority.
The LADG was the State as an employer the obligation to produce an equal working conditions for women and men and for Preparation of the gender equity transfer in employment. At the same time, government action to develop a model for private action.
The Berlin equality law - the title LADG was converted in 1993 in LGG - in two decades been repeatedly adapted to new conditions and problems, it was as it were always "in time": it is a moving and a moving piece of legislation. For clarification, I will mention only a few prominent examples:
For example, in a major amendment in 1998, significantly, the Office of Women's Representative strengthened. In response to the comprehensive personnel savings obligations at that time was to ensure that the proportion of women in areas where they are underrepresented in the case of the reduction in staffing is not reduced.
The office of the district's Women and Equality Officer found after unsuccessful efforts to create a special law in the LGG a solid legal foundation.
Since 2001 the law specified that "held back" for privatization in the public administration the principle of equality not by mere change in legal form, by so-called outsourcing.
LGG Ninth Amendment to
The Berlin House of Representatives on the 9 th 11/11/2010 Law amending the State Equal Status Act adopted. On 28 November is the law entered into force, almost simultaneously - but offset by 20 years - with the former adopting the LADG. This amending Act, the LGG was not rewritten, not re-invented. It is also this is an update to adapt to changing circumstances. Its basic structures remain after the presentation of the Berlin Senate and the House of Representatives receive extent.
The equal opportunity policy Standards to be guaranteed in the Berlin State service despite changing conditions and equal access of women to all areas and levels within the scope of the law will continue to be safeguarded and improved. Overall, does the amendment to claims of parliament, responding to public criticism and take into account the through long years of practical experience in the implementation of the LGG emerging need for change. The actions proposed in the law were put to the test and adapted to current conditions.
I would like to outline key points of the novel short
With 9 Law amending the State Equal Status Act is intended to create particular
- measures to eliminate the serious underrepresentation of women in board and senior management positions, strengthened
- equality in matters of private companies
and
- practical experience in the implementation of the LGG be considered.
Although the situation for women in the civil service institutions In recent years, a total considerably improved remains to note that there is in the public sector, institutions, corporations and foundations under public law, and the companies in the state of Berlin remains a serious under-representation of women in leadership positions. The "boss" floors make even 2011, as a largely female-free zones - BSR and BVG here are notable exceptions.
In the area of highest state authorities were, for example, in 2008 only 14.5% of divisional heads filled with women and in companies with state participation, female employment was in the top management at 10.1 %.
The political debate of recent months has highlighted the need for further substantial efforts to reduce the under-representation of women in top positions. Just because only professional and personal qualifications should be relevant, the under-representation of women at senior levels in particular are no longer acceptable.
A public notice of vacant positions, as the LGG now for Board and senior management positions of institutions, corporations and foundations under public law, legal entities under private law and Partnerships with majority ownership of Berlin provides, creates transparency and trust that promote women's participation in a public or corporate practice and wanted to be. Women at the top of companies provide a rule for a change in culture. As the current debate about more women in supervisory and management boards of public companies shows achieved by companies that have no male "monoculture" in boardrooms, usually even more profit, so the observed vested rights of men testifies actually of economic irrationality.
is regulated also new that the quota system, which - in the case of under-representation of women - the award one point to an equally qualified woman pretending for the appointment of Board and senior management positions of institutions, corporations and foundations shall be governed by public law, while fully respecting individual justice.
I step as women and economic Senator fully committed to increasing the proportion of women on the boards and executive suites of the German economy and also advocate here for the creation of legal requirements that are based on the Norwegian model . Norway is similar to a controversy in Germany at the time prescribed by law, that the institutions of the listed company within a specified period to 40% are to be filled by women. The doubts that there are too few suitable women, have not materialized. The quota was reached in a few years.
The occupation of management positions is an indicator of the depth of equality between women and men is realized. That this is, moreover, not only a requirement of justice but also to reason, shows the view of the impending demographic change.
I come to another important point of the LGG and the novella: the strengthening of the role of LGG in the private sector.
First, this is done through stricter requirements for the validity of LGG on investments in the country. The amendment requires the majority interests in his country More now to ensure the implementation of the LGG, not only in this to work. This also applies to the cases of conversions and construction of public facilities in private law legal persons or partnerships. In the case of the sale of such companies, the acquisition ends for the use of LGG are committed to. This commitment must be passed in the event of a future sale of the buyers even. The current regulation, to address compliance with LGG (only) work to meet the country now in the case of a minor majority stake.
Second, the instruments of the procurement and payment of benefits by public authorities are increasingly used to access to private enterprises and to encourage more women. The scope of women's advancement in public procurement has been greatly extended. The obligation to introduce measures to promote women and of measures to reconcile Work and family in the public procurement from the current 50,000 was reduced to 25,000 euros, so that many more contracts awarded to women's advancement or compatibility prevailing in the sector. The previously excluded under construction is subject comprising the new statutory requirements for the promotion of women through public procurement. Large construction companies with hundreds of people can not escape now, for example not more women in promoting standards of public order was accepted.
not fail to mention I would like at this point in the summer of 2010 came into force in Berlin tender and procurement law, which for the advancement of women after the LGG some authoritative guidelines posited: How are the penalties for violations to the matters of termination and the penalty extended. In addition, be given effective control mechanisms, such as the mandatory implementation of the audit and the establishment of a control group.
The amendment to the LGG at the same time the floor was still prepared to be adopted regulation on the promotion of women in state benefits are provided. According to the new requirements to promote women in public procurement in the future should all subsidies of more than 25,000 Euro to an obligation to promote women are bound. And I am confident that we have the difficult project of the adoption of such a regulation may still conclude in this legislature.
The legal fixation of many years of practical experience in the implementation of the LGG is reflected, for example, that in future all experienced permanent part-time employees in the scope of the LGG treatment, so in considering the appointment of full-time jobs. Here were first successes in current negotiations with the Senate are recorded for Finance.
Family-friendly environment, such as the avoidance of long time-consuming journeys to the service and location, the provision of teleworking, the creation of child care facilities, etc., should be considered in future as well as the granting flexible working hours. his superior conduct in the future must focus more clearly on it.
Further strengthening the 9th Amendment to the rights of women representatives, whose work for the success of equal opportunity policies in the state of Berlin is a must. Women representatives monitor the implementation of the legal requirements of the State Equal Opportunity Law in practice through critical perception of their participation rights and their objection rights against their departments for violations of the LGG. This difficult and stressful work that requires a high level of legal knowledge, of empathy but also perseverance, will unfortunately be often still not sufficiently appreciated and valued. Each service can generally benefit from the experience, knowledge and commitment of a woman representing a high degree. This finding should take account of new rules, after which those services in the State of Berlin, have no full-time or vice-women's representative, the possibility of a subsequent order of the office holders given. This does, however, only as a last resort when all legal options have been exhausted.
was further enshrined the right of recourse of women representatives in the law in detail. The participation and objection rights have been extended and covers the standing of women's representative to the cases in which a woman operating plan as required by the State Equal Opportunity Law in an agency does not exist.
The status of the district's Women and Gender Equality Delegates were specified: the 9th Amendment notes that the district's Women and Equality Officer In addition to their legally defined full-time employment to any other task perceptions, such as the acquisition of migration or disability matters, may be required. Our individual districts have large city sizes. An effective exercise of women and gender equality borough tasks requires an adequate volume of work ahead of time on the part of office holders. An exhausting balancing act between women's and gender equality, between migration and disability policy is not just the one or the other policy area.
Finally, with the 9th in the Amendment option available to adopt Administrative rules by the Commissioner for Women's Policy Senator prerequisite for a nation wide application of the LGG created.
not fail to mention I want the statutory women at the Berlin universities. The Women and Equality Officer of the Berlin universities are also the women's representatives to the State Equal Treatment Act.
you have similar rights and obligations enshrined in the Berlin Higher Education Act. Together with equal opportunity policy actors and actresses, was in the currently located in the joint sign amendment to the Berlin Higher Education law the status of university women's representatives secured and expanded, and the imperative of promoting gender equality at the Berlin universities are fixed by law.
Again, this may be seen as a success.
with the novels of LGG and BerlHG we have established legal provisions for equality in the Berlin State service, in institutions, corporations and foundations under public law, created in companies with controlling interests of the country and in the Universities of Berlin and improved and further ensure that the conditions of democratic legitimacy demands for equal opportunities for women in public service the way prepared.
Berlin will be given to this successful equality legislation nationwide role model.
view
The creation of new or modified rules of equality policy was in the case of the 9 Amendment of LGG a tough process of finding compromises ahead. Fundamental political debates were held about the pros and cons of women promotions, about the legal rights or need legal regulations.
gender criticism is not abated, but some new - Unexpectedly violently - revived.
Especially young, highly educated women who are at the beginning of their careers, often show little understanding of gender equality issues. They are subject to the requirement of equal merit, they see no reason to question this. The awareness of gender issues are often established only after entry into the family phase.
Addressing gender issues is increasingly characterized as insignificant even unnecessary. Terms such as "gender Theater" and "Genderkram" take hold.
Let me first for this reason, a differencing View of the equality theme throw:
Undoubtedly, women are now legally in Germany equally full. The legal framework for equality of women have changed in the last decade and never before have the conditions for genuine equality as well as today.
Thanks to the European Court of Justice were able to quotas set by opening the access of women to key areas.
in other ways changes can be observed: In the past year, three new judges to the Federal Constitutional Court appointed, including a declared feminist. Law and Gender in the same year was subject to the German Jurists.
image, mirror and focus - not just Emma - writing about the new Equality editorial.
But in the 21st Century, the actual gender equality is still not achieved. This shows not only the look at management level, but also in salary and pension statistics. Women are in leadership positions in business, management and science are still significantly underrepresented, they achieve an average income lower despite better qualifications than men, they work far more often than men in so-called precarious employment, the gender-specific work-study choice behavior has been overcome yet by no means the employment rate of women - particularly as regards the volume of work - lower than that of men, for part-time work is still female. Of equal participation of women in all spheres of life and to allow an independent livelihood, we are still far away.
An answer to the question of why it is so difficult to achieve real equality is, therefore, not easy. The finding shows that our Society on the stage of the legal requirements and by no means beyond pure self-regulation - shows how the debate about the equality of women in the private sector - not enough to break up social structures of disadvantage.
strategies such as gender mainstreaming and gender budgeting are important and pave the path of knowledge, but they do not consider isolated to eliminate deficits.
women's programs are very effective, but they alone do not guarantee that women in their work such as the so-called break through the glass ceiling.
is therefore essential in legal aid policy continues to cast women: in the economy, science, politics and administration.
"The State shall promote the actual implementation of equal rights for women and men and works towards the elimination of existing disadvantages."
This in Article 3, paragraph 2 of the Basic Law and Article 10, paragraph 3 of the Berlin Constitution enshrined principle establishes a requirement for action to the state. This means that the State is called upon all necessary means to fulfill exploit this constitutional order. Required resources can - if they bring about the intended success - be simple agreements provide necessary resources must be to eliminate existing disadvantages also includes legal regulations.
is in this light to look at the LGG. Where equality between women and men is already standard practice, the statutory requirement to be ticked. The position where the equalization of opportunities for women and men is not as advanced, should and must be the legal framework, - support, transported - "Help" . Give
Finally, I would like to pick up a point that will revive in my view, the debate about the equality laws in this decade. In its day, in 1990 and formulated with the creation of the General Equal Treatment Act 2005 implemented nationwide demand for comprehensive protection against discrimination now joins in the demand for creation of a comprehensive statutory funding policy. This has been especially the discussion in the context of the adoption of the Berlin Participation and Integration Act. The Women's Policy will also provide these new challenges.
wish this in mind I will now enjoy the "equality Theater. Continue with the whole "Genderkram" on - I am convinced that it is - is worth.
For the development of a society is measured today, still the degree of emancipation of women.
Thank you for your attention.
