12 August 2024
On the Basis of ‘Backwardness’
Following the reinstatement of a quota system that reserved 56% of vacancies in public service posts for former freedom fighters by the High Court of Bangladesh, students in Bangladesh have demanded reformation of the quota system. On 21 July, the Supreme Court of Bangladesh overturned the decision by the High Court and ordered the government to limit the quota to 7%. It thereby eliminated the quota of 10% previously reserved for women. This reflects a dangerously narrow conception of equality which could negatively impact Bangladesh’s use of special measures such as quotas to redress women’s subordinated status. Continue reading >>
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07 August 2024
Breaking with Conservatism?
The Japanese Supreme Court has been described as “the most conservative constitutional court in the world”. And, though lower courts can sometimes be more active, the Japanese judiciary as a whole tends also to be referred to as conservative. However, recent developments challenge this view. In particular, Japanese courts have begun to issue rulings in favour of the rights of sexual and gender minorities on issues like same-sex marriage and gender recognition. Do these decisions suggest that the conservatism of the Japanese judiciary has been overstated – or are they signs of change? Continue reading >>
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22 July 2024
A Union of Equality?
Last Thursday, Ursula von der Leyen, the new – and former – President of the EU Commission presented the ‘Political Guidelines for the next European Commission 2024-2029’, her ideas and priorities for the coming mandate. This blogpost will examine whether the Guidelines are living up to the scale of the gender-related concerns and challenges that are facing the Union, as Ursula von der Leyen promises. It identifies a shift in tone in the Commission’s pledges to promoting gender equality and outlines some proposals that the German Women Lawyers Association (djb) has advanced in order to help tackle these challenges. Continue reading >>
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23 May 2024
Elisabeth Selbert
Dr. Elisabeth Selbert, who took her A levels in self-study and completed her law degree in six semesters, did her doctorate – ahead of her time – on the principle of irretrievable breakdown of marriage. As a member of the Parliamentary Council, she was one of the four ‘mothers’ of the German Constitution. The inclusion of ‘Men and women shall have equal rights’ in Art. 3 (2) of the Basic Law (‘Grundgesetz’) is her merit. On the occasion of the 75th anniversary of the ‘Grundgesetz’, this contribution aims to portray her life, achievements and impact in a short profile. Continue reading >>
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12 April 2024
Gender, Equality, and the Predicaments of Faith
In the context of the rise of the global right, feminist debates on gender and sexual rights can and have at times slipped into a left and right ideological divide. In reflecting on the ways in which gender equality has been addressed in the context of Indian constitutional law over the past two decades, what emerges is a more complex picture. Continue reading >>
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08 March 2024
Substantive equality, not flowers
And we stand in solidarity with the women all over the world who are still fighting for equality! Continue reading >>
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23 March 2023
An Interactive Relationship
In reflections on fifty years of membership, the employment of women is often identified as a tangible example of how membership changed Ireland. Concretely, in the years immediately following accession, the state was required to enact legislation on equal pay and equal treatment for women and men in employment. This narrative tends to place emphasis on EU law as a cause of law reform in Ireland. 50 years on, both Irish and EU equality law have expanded significantly. Continue reading >>
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05 July 2022
The Italian Surname Saga
On May 31, 2022, the Italian Constitutional Court (ICC) finally rendered its much-awaited decision (ICC, decision no. 131/2022) about domestic legislation on surname attribution. The judgment deserves closer attention for two main reasons. Next to fostering gender equality, it also exemplifies the new role of the ICC within the Italian constitutional order. Continue reading >>
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23 February 2021
Call Me by Mum’s Name
In a recent decision, the Italian Constitutional Court took up the question of the choice of surname for newborns. In the absence of legislative reforms, it has tried to adapt the Italian legal framework, which still adheres to traditional naming practices, to constitutional and international standards of equality. This step shows the Court’s intention to counter the Parliament’s inertia on the issue. Continue reading >>
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24 August 2020
The Italian Government Enforces Gender Parity in Regional Elections
On 23 July 2020, the Italian government formally warned Apulia that if the region did not introduce gender parity election rules by 28 July 2020, it would do so in its place. Apulia failed to adopt a regional statute in that time frame. Thus, on 31 July 2020, the Italian government adopted Decree Law 86/2020 which essentially introduced a mechanism of “double gender preference” for the regional Parliament elections to be held on 20-21 September 2020. What is clear is that this summer’s events around the Apulia election are yet another example of the “irresistible rise of gender quotas in Europe”, where Germany increasingly stands out as the proverbial exception. Continue reading >>
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