Quota for women

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Quota for women (and generally gender quota or gender ratio ) means a gender-based quota system in filling bodies or agencies . The intended purpose of the women's quota is equality between women and men in society , politics , economy and culture .

Since the 1980s, quotas for women have been understood as an essential instrument of personnel policy and are comparable to proportional representation in the allocation of political offices . The introduction of quotas for some political bodies and parts of the public service was enforced in many European countries. Quotas for women in the private sector are controversial.

calculation

The quota of women is calculated as the percentage of women in relation to the total number of employees :

.

Sociopolitical background

Basics of international law

The basis of the quota regulation is the general implementation of women's rights . The United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 1980 formulates the agreement "to pursue a policy to eliminate discrimination against women immediately by all appropriate means".

In its final report at the Geneva meeting in May 2011, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the continuing discrimination against women in the German labor market and recommends setting up a quota in the public sector and compliance with labor market laws more closely monitored in the private sector.

reasons

Arguments in favor of quota regulations include:

  • Justice aspects (better participation in society for women)
  • macroeconomic reasons (exhaustion of available human capital )
  • microeconomic reasons (assumed positive relationship between gender diversity and corporate success)

Quota rules are based on the assumption that a higher proportion of underrepresented groups, e.g. B. women, makes economic sense in certain positions. Accordingly, women make up half of the population and therefore also half of the talent. It is assumed here that the distribution of the relevant skills is completely independent of gender. The proportion of women in managers in many professions is lower than the proportion of female employees or young professionals in the respective industry. A Swedish study points to the potential untapped potential for more economic growth if the gender gaps in the labor market are not evened out.

Quotas for women increase the attractiveness of an employer for women, but in turn make it worse for men.

Female role models in traditionally male-dominated professions and industries can emerge for girls who orientate themselves towards the environment when choosing a career. This could help address the predicted skills shortages in the natural sciences and engineering professions , including in Germany to alleviate. Women will also use a stronger lobby to address the issue of the persistent inequality of income between men and women.

Proponents of women's quotas assume that women in management positions improve company results. This is controversial among economists, however, because corporate results and governance are not directly causally related, but it could also be that successful companies have a corporate culture that is responsible for better performance and at the same time hires more women. If a critical mass is not reached, then the influence of a woman on the decisions and the decision-making culture is negligible.

Quota amount

Studies in psychology and behavioral science show that you need a critical mass of women to achieve diversity effects. Three or more women seem to change a group from the ground up and improve its governance. The number of women means that women are no longer obliged to represent the “female point of view” and it becomes clear that they do not always agree with one another. The feminine way of asking more questions and bringing up different topics is becoming the norm. Therefore, quotas of at least 30 to 40% are generally required. These demands are also made so that a quota regulation does not have to apply for a long time, but merely serves to overcome structural and gender-discriminatory mechanisms. With a women's quota, enough women will be represented in committees to be able to evaluate whether their performance differs positively or negatively from that of their male colleagues.

Types of women's quotas

Quotas for women can be differentiated according to various aspects. Heide Pfarr distinguishes:

  • Quotas with and without qualifications
    • Rigid quotas: A quota is set for filling the position or position, which must be adhered to regardless of qualification requirements
    • Quota with minimum requirements: women are to be hired until the quota is met, provided the applicant meets defined minimum requirements
    • Quotas with priority given the same qualification
    • Quotas with priority given equal qualifications: Here, other, in particular women-specific forms of qualification can also be taken into account
  • Degree of legal binding of the quotas
    • Legally binding quotas: Compliance with the quota is legally binding
    • Economically binding quotas: If the advantages are adhered to, the organization will gain financial advantages (subsidies, contracts). For example, compliance with a quota can be required in allocation guidelines
    • Quota as a benchmark: without legally binding effect
  • Procedural differentiation of quotas
    • Target for function groups: It is specified that a certain gender ratio can be achieved within a certain time without specifying the path
    • Objectives with regard to recruitment: Here, a percentage of women to be recruited is specified
  • Reference values ​​of quotas
    • Arbitrarily set quotas
    • Quotas according to the proportion of sexes in the population
    • Quotas based on the share of sexes among the employable people
    • Quotas according to the share of sexes at the completion of school levels / universities
    • Quotas according to the proportion of the sexes after a certain professional or university education
    • Quotas based on the proportion of sexes in applications for specific positions

Absolute quota regulation

With an absolute quota system, women are given preferential treatment in principle until the desired quota of women of x% has been reached in the relevant committee. This type of quota system is the most controversial, as male candidates are discriminated against if they are not given a post or office regardless of their qualifications.

  • Hard quota describes the rule that with a quota of at least 50%, only as many men can be elected as women were elected.
    Example: Ten places (five women places and five open places). If five women have been elected, then up to five men can be elected in the open spaces. However, if only four women were elected (e.g. because there were not enough applicants, for example), then only up to four men can be elected to the vacancies. Two places will then remain vacant until the next election.
  • Soft quota refers to the rule that with at least 50% quota, only women are allowed to run for half of the vacant positions.
    Example: Ten places (five women places and five open places). All five open positions can be filled by men, even if only four women are chosen for the women’s positions. The one open women's place will then remain vacant until the next election. A women's assembly usually decides on exceptions of this type .

Relative quota regulation

This quota regulation is usually formulated in such a way that, with the same qualifications, an applicant should be preferred to an applicant until a proportion of women of x% in the corresponding committee is reached. In most cases, this is the rule in practice. Some feminists criticize such a regulation because, in their opinion, the condition “equal qualifications” leaves too much room for interpretation and in many cases leads to the candidate only being hired if she is significantly better qualified than the candidate.

Instruments for quorum and vote

In addition to the quota for women, there is also a quorum for women , which should ensure women an equal share of speeches at meetings (equal speech list). Green and Green Youth , Jusos and others also practice the women's vote .

Implementation of women's quotas

Quotas for women are implemented in different areas, especially in politics when filling electoral posts and mandates and in business when filling positions, especially in management positions and supervisory boards.

In politics

The process of selecting political officials and elected representatives (e.g. members of parliament) takes place in several steps: Those interested in politics are found from the population, a selection of them are nominated as candidates and some of them are in turn elected as members of the parliament. Quotas can be set at the level of each of these steps. A quota for those interested in politics is of course not possible and does not occur. However, quota regulations for candidates and MPs can be found in some countries.

There are statutory candidate quotas in 23 countries. 12 of them are in Latin America, in Europe only Belgium and France have statutory candidate quotas. In addition, many parties have decided on voluntary candidate quotas for internal party candidates.

In some countries, too, there are statutory quota regulations for the actual election of MPs, mostly in the form of seats reserved for women. In some states, seats in parliament are reserved for special groups. This often serves to represent ethnic minorities, but there are also states with a quota of mandates reserved for women. These are rarely democratic, but mostly semi-democratic or authoritarian states (judged according to the Freedom House rating ). In Kenya, 6 out of 224 seats and in Uganda 56 out of 295 seats are reserved for women. Such quotas for women can also be found in Bangladesh , Niger and Tanzania . The only democratic state among them is Taiwan ; However, this is a remnant of the previous semi-democratic constitution. There are also percentages. In Tunisia, the parties must nominate 50% women candidates; in Djibouti , 10% of parliamentary seats are reserved for women. Such statutory quota regulations almost never occur in states with majority voting and one-person constituencies.

For the election to the European Parliament , statutory candidate quota regulations were adopted in five states. In addition to France and Belgium, these are Spain , Portugal and Slovenia .

Germany

The KPD concretized a resolution of the XII at its third Reichspartekonferenz in October 1932. EKKI plenum: "A quarter to a third of the BL [district leadership] must be comrades." When the party was founded in 1979, the Greens introduced a quota for women: at least half of all mandates and party offices should be women. In 1988, the SPD decided on a 33 percent gender quota for offices and mandates and increased this to 40% in 1998. In December 1994 the CDU discussed a share of one third and in 1996 introduced a so-called quorum for women . The party Die Linke decided on a quota for women, which stipulates that all offices will be filled with at least 50% women, just like the reserve lists for the various parliamentary elections. The quotas mean that the proportion of women on the governing bodies of all these parties is significantly higher than the proportion of women among the members of the respective party. Due to the introduction of quota regulations, the proportion of women in the German Bundestag , which from the founding of the Federal Republic to 1987 was only 6% to a maximum of 10%, rose sharply to 31% within nine years by 1998. Since then it has been continuously between 31 and 37%. The CSU has decided at its party conference on October 29, 2010 that in future above the local and district associations in the CSU bodies 40% of the offices are held by women. At the local and district level, the regulation is a non-binding recommendation. On January 31, 2019, the Brandenburg State Parliament passed a statutory quota of 50% women for electoral lists from 2020. However, on October 23, 2020, the Brandenburg Constitutional Court classified this decision as unconstitutional and therefore null and void. On July 8, 2020, the structure and statutes committee of the CDU agreed on a quota for women for party offices and candidates for mandate. From 2021, the quota model will gradually stipulate a minimum proportion of women in executive bodies from the district level. Initially, a 30 percent quota should apply, 40 percent from 2023 and full parity from 2025.

Ecuador

For the Constituent Assembly of Ecuador in 2007/08 a quota law was in force, according to which male and female candidates had to alternate on the list.

India

In March 2010, the parliament in New Delhi passed a quota for women in the national parliament and in the regional parliaments of the Indian states. In future, one third of the national parliaments must be made up of women.

Switzerland

Political parties such as the SP and GPS have introduced absolute gender quotas of 50% for their own decision-making bodies and electoral lists - provided there are enough female candidates available.

Tunisia

In the elections for the Tunisian People's Representative Assembly , the parties must alternate men and women on all constituency lists using the zip-fastener method, with the first list being open to both genders. Due to this quota of women, the People's Representative Assembly has the highest proportion of women in the Arab world: 68 out of 217 MPs are women, approx. 31%.

In business

European Union

In European law, Art. 157 (4) TFEU ( Treaty on the Functioning of the European Union ) is relevant. The EU directives on equality policy of the European Union , in particular the Equal Treatment Framework Directive 2000/78 / EC, define the term indirect discrimination as merely "apparently neutral regulations, criteria or procedures".

According to the ECJ judgment Kalanke v. City of Bremen , “automatic” preferential treatment for female applicants did not correspond to Community law. In the Marschall ruling against the State of North Rhine-Westphalia , the ECJ specified that giving preference to women in the case of existing underrepresentation and with the same qualifications does not represent a disadvantage for male applicants if an opening clause is used to check whether there are reasons related to the person of the competitor. However, such reasons must not be inherently discriminatory.

To this end, attempts are being made today to formulate job advertisements or political mandates in the sense of an affirmative action in a gender-neutral (i.e. not indirectly discriminatory) or bisexual form in order to increase the proportion of eligible candidates. This includes, for example, compensating for known factual inequality in the upstream levels (training, typical group of candidates, filling the lower hierarchies) through suitable advertisement criteria or expressly mentioning the desire for female candidates.

In 2013, following a proposal by the European Commission , the European Parliament resolved an EU-wide uniform 40 percent quota for women on supervisory boards of listed companies. The necessary approval from the heads of state and government has not yet been received.

Germany

An equality law for the private sector - a goal of the former Federal Minister Christine Bergmann - failed, among other things. the resistance of the employers' associations Instead, a voluntary agreement between business and the federal government was concluded in 2001, which, however, according to a study by the Böckler Foundation, is only partially known in management and is usually implemented with reluctance. The agreement is viewed as a failure and therefore the women's quota is now being discussed more intensively.

In 2008, the Nuremberg resolution called for women's quotas in the private sector.

Individual corporations have considered or introduced quotas for women, above all Deutsche Telekom , which announced in March 2010 that 30% of all positions in middle and upper management should be occupied by women by the end of 2015.

A push by the Greens in the German Bundestag for a 40% quota failed not least because of the many different topics it contained.

Federal Minister Kristina Schröder (CDU) also sees a possibility for a quota for women on administrative boards. At the beginning of 2011, Minister of Labor Ursula von der Leyen proposed a binding quota of 30% for supervisory and management boards; Chancellor Angela Merkel rejected their introduction.

Several companies - such as E.ON , BMW , Daimler and Bosch - have since announced an increase in the proportion of female managers to between 15 and 22%. Another 14 companies based in Germany, including KPMG, Siemens, BSH and Allianz, signed a declaration of commitment in Munich in May 2010 to increase the number of women in leadership positions (Munich Memorandum for women in leadership).

On December 2, 2011, the Bundestag rejected two motions from the SPD and the Greens to regulate the proportion of women on supervisory and executive boards. The legal committee of the German Bundestag had recommended the rejection.

In mid-December 2011 members of the Bundestag from all parties came together to demand at least 30% women on the supervisory boards with their Berlin declaration.

In 2014, the grand coalition agreed to introduce a quota for women on supervisory boards. With the Bundestag resolution of March 6, 2015, large companies in Germany are obliged to have at least 30% women on their supervisory boards. The specified 30 percent quota actually applies to 108 listed companies that are fully dependent on co-determination (with more than 2000 employees), and around 3500 more companies are required to set any target. The law for the equal participation of women and men in management positions came into force on January 1, 2016. The law is not a pure women's quota, but a gender quota.

On November 20, 2020, representatives of the government coalition agreed on a quota for women on executive boards: In the case of listed companies with equal participation and with more than three members, in future at least one member should be a woman; in companies with a majority shareholding by the federal government, corporations under public law (e.g. A minimum participation has been agreed upon with pension and accident insurers as well as the Federal Employment Agency. On January 6, 2021, the federal government passed the Second Management Positions Act (FüPoG II) accordingly .

The proportion of women on the supervisory boards of companies represented in the DAX is 21% (see also the list of women on the supervisory boards of DAX companies ). According to current figures from the EU Commission, the proportion of women in management positions in the German economy is 21.7%. This puts Germany in ninth place in the EU.

Austria

Austria has laid down the basis for the quota for women in the Federal Constitutional Law , which states in Article 7 (2):

Measures to promote de facto equality between women and men, in particular by eliminating actual inequalities, are permissible.

So far, the quota regulation has only been anchored in the public service , namely in the Federal Equal Treatment Act (B-GlBG) and in the state equal treatment laws and anti-discrimination laws. The quota for women in the public service was introduced in 1993 and increased from 40% to 45% in early 2010.

Such a measure is not provided for in general public life, in particular the world of work, which is covered by the Federal Act on Equal Treatment (GlBG). Here - in accordance with the EU directives - a strictly non-discriminatory advertisement of positions is required.

Switzerland

Switzerland has no statutory quotas. Since the commercial register is publicly accessible free of charge, the development at the owner and management level can be easily understood. The proportion of female company founders rose from 15% in 2000 to 27% in 2010. In companies with up to 250 employees, the proportion of women is now 40%, in larger companies it has only risen to 13%. In the Swiss government, the Federal Council, the proportion has grown to over 50%, and the proportion is constantly increasing in other political bodies.

In addition to gender quotas, the Swiss Federal Council and the federal administration also have quotas for the language groups in Switzerland. Job advertisements from the federal administration bear the following addition:

Applicants in any national language have the same opportunities at the federal government. As a rule, a good knowledge of at least one second official language is required.
Applications from women are particularly welcome at the federal government.

If the qualifications are the same, priority should be given to those applicants whose affiliation group (gender, national language) is underrepresented in the relevant area compared to the proportion of the total population.

Norway

In Norway, in December 2003, the government passed a quota of women of at least 40% for seats on all boards of directors of the 600 listed companies. This should be implemented by September 1, 2005, otherwise coercive measures would be imposed. The proportion of women in 2003 was 7% compared to 3% in German companies. The discussion about the severely underrepresented women on the boards of large companies has increased significantly since the introduction of the quota in Norway. Evaluations show that the percentage of women on Norwegian boards of directors is 39% today. The allegations that there are now a few women on many boards of directors and that the qualification level has been reduced by the quota has so far neither been clearly proven nor refuted. Some companies that could not or did not want to meet the quota changed their legal form and left the stock exchange after the law was passed. Mai-Lill Ibsen, who was at times represented on more than 185 supervisory boards at the same time, still considers quotas to be discriminatory in certain respects and says: “I am against quotas. [...] We [women] are so strong that we don't need it. "

After the introduction of the Norwegian quota, the ratings of the companies concerned dropped significantly. A study by the Bonn Institute for the Future of Work (IZA) in 2014 showed that the quota in Norway for female employees below the management level did not bring any significant career or income advantages. Although the quota has broken up the male structures in companies, the situation of highly qualified women in the economy has changed little overall.

Great Britain

In England, the club founded by Helena Morrissey in particular represents 30% committed women quotas. The aim is a quota of women in the management level of the FTSE-100 groups of 30%. When the club started in 2010, the rate was 12.5%, now 15%, by the end of 2012 it should be 20%, in 2015 30%. Morrisey does not believe in a statutory quota, but prefers to involve men and convince companies to voluntarily engage more women in the top management. Morrissey does not accept the counter-argument that there is a lack of talent, since only 100 to 150 more women are needed to reach the 30%.

Other countries

Denmark passed a law in 2000 that obliges companies with state majority ownership to have a more balanced gender representation.

In Spain, a law - still without sanctions - was passed in 2007, which obliges companies with more than 250 employees to have 40% women on the board of directors. The transition period lasts until 2015. Annual action plans must be submitted. Companies with a balanced gender ratio are preferred when awarding public contracts.

In the Netherlands, a 30% quota has been introduced for supervisory and management boards of all companies with more than 250 employees, which is to be achieved by 2016; however, no sanctions are provided for violations.

Belgium changed its company law on July 28, 2011. Accordingly, the under-represented gender must be represented by at least one third on the boards of listed and public companies. The law has been in effect since January 1, 2012, but provides for transition periods of five years for large and eight years for small and medium-sized companies. If the quota is not adhered to, financial or other benefits will be suspended for all board members.

In Italy, since August 12, 2012, a statutory quota of women of 20% has been in force for listed and public companies, and from 2015 30% on supervisory boards. Compliance with the quota is monitored by the stock exchange supervisory authority Consob and the Ministry for Equality . In the event of non-compliance, there is a risk of sanctions in the form of fines until the Supervisory Board concerned is dissolved.

In the public sector

Germany

The Equal Opportunities Act for the Public Service ( Federal Equal Opportunities Act ) contains a relative quota regulation. Since then, positions in the public service have been given the addition that if they have the same qualifications, female applicants are preferred. The European Court of Justice has ruled in three proceedings on the admissibility of quotas in the public service in Germany and established essential criteria. The judgment of the ECJ Rs. Kalanke 1995 deals with two questions submitted by the Federal Labor Court concerning the regulation of a performance-related quota in § 4 of the Bremen State Equal Opportunities Act . The ECJ ruled that Article 2, Paragraphs 1 and 4 of Directive 76/207 / EEC preclude national regulation according to which, if applicants of different sexes have the same qualifications for areas in which women are underrepresented, priority is automatically given to female applicants will. An automatic priority for women leads to discrimination against men within the meaning of Article 2 (1) of the directive. In a further ruling in 1997 ( Rs. Marschall ), the ECJ partially revised the established principles.

In culture and media

Germany

Quotas for women are also sometimes required in areas other than politics, public service and the economy. The Pro Quote Medien association calls for a 30% female quota for management positions at all hierarchical levels in the editorial offices of print media, which should be implemented within a few years.

The Pro Quote Medicine association is an association of doctors and medical scientists. Since March 2013, the association has been demanding a fixed quota of women of 40% in all management positions in the medical sector by 2018.

The ProQuote Regie association demands a 50% quota of women for the award of directing jobs in the television and film sector within ten years. In addition, decision-making bodies in the area of ​​film funding should be equally represented.

The Berlin Theatertreffen announced in April 2019 that at least in 2020 and 2021 “at least half of the ten selected plays should come from women directors”.

Quota for women and company performance

Hypotheses

There are several hypotheses regarding the relationship between company performance and statutory female quotas:

  • If one assumes that executives strictly orientate themselves to the company's interests in the composition of boards of directors and that this company's interest consists in maximizing the company's value , then legal restrictions regarding the selection of personnel could lead to a reduction in the company's value. Possible agency conflicts or agency costs are excluded from this hypothesis.
  • In the context of the so-called captured board hypothesis, in the sense of agency theory, it is assumed that members of boards of directors are wholly or partially interested in maximizing personal benefits, which can be at the expense of the owners' interests. If the compulsory appointment of female board members reduces the influence of the board chairman, a statutory quota for women can then lead to an increase in company value.
  • A third hypothesis assumes that gender diversity per se has a positive influence on corporate governance. The increase in the proportion of women on boards of directors, which previously had little diversity, could, on this assumption, lead to an increase in company value.
  • Another hypothesis assumes that board members are pure window dressing and have no significant influence on company performance. The proportion of women would therefore also have no influence on the company value.

Empirical results

Studies showing a positive relationship

Adler (2001) measures the relationship between return on sales, return on equity and return on total capital and the proportion of women on the boards of Fortune 500 companies. Companies with an above-average proportion of women outperform their respective industry median in all three key figures. According to this study, there is therefore a positive correlation between the proportion of women on boards and company performance.

In a published 2004 study of 353 Fortune 500 companies, the company achieved the highest percentage of women on the boards of higher average values for the ratios Return on equity ( ROE ) and total shareholder return ( stock returns ) than the companies with the lowest proportions of women. Here, too, a positive correlation between the proportion of women and performance was found.

A Finnish study published in 2007 found that Finnish companies led by or predominantly female CEOs were more profitable than male CEOs or predominantly male companies.

A capital market study of 2500 Danish companies published in 2006 came to the conclusion that the number of women in management positions correlated positively with company performance.

Thomas Schmid from the Technical University of Munich and Daniel Urban from the Hong Kong University noticed that studies often only compared the performance of companies with a high percentage of women on management boards with that of companies with a low percentage of women, but could not say whether the percentage of women was high the cause of success was; because it is possible that companies that are already successful are appointing more women to management positions, so that cause and effect are blurred. Therefore, the scientists chose a different methodological path. In a study published in 2013 in 1,500 cases from different countries, they examined how the capital markets reacted to the sudden death of female and male executives of listed companies for which there was no statutory participation of a certain number of women in company management. When a woman died, the markets reacted negatively. Investors expected a loss of wealth; when a man died, the effect was not as pronounced. The negative reaction to the death of women who had difficulty getting their posts was strikingly strong. The authors see this as evidence that women increase company value, but exclude cases in which companies are obliged to increase the proportion of women in management positions. The results suggested that women in management positions did not in themselves lead to higher company value, but the fact that they had come a more difficult path than men on the way to their position.

Studies showing a negative relationship

A capital market study published in 2012 on the development of the performance of Norwegian companies after the introduction of the statutory quota for women (see above) showed that the value of the companies affected, represented by the Tobin's Q indicator , had fallen substantially.

Adams / Ferreira found in a study of US companies that the variable “gender diversity” had a negative effect on company performance, although a positive influence was measured on dependent variables such as “presence” and “monitoring”. The authors conclude that quotas for women can lead to a deterioration in performance, at least in well-run companies.

In a study of 20,487 Swedish companies for the years 1997-2005 is a negative correlation between gender diversity and was return on assets (return on total assets) found.

A study of Danish companies with more than 50 employees found a negative correlation between the proportion of women in company management and return on equity. The volatility of returns also correlates negatively with the proportion of women, from which the authors draw the conclusion that female managers are more risk averse than male managers. The lower risk appetite could explain the poorer performance.

In a study of German companies for 2008, Laible found a slightly but significantly negative correlation between the proportion of women in top management and the key figures of sales, per capita sales and value added.

Matsa / Miller (2013) find a negative effect on short-term returns for Norwegian companies affected by the quota legislation. Compared to the companies not affected by the quota regulation, fewer staff are laid off in the companies concerned, with corresponding negative consequences for staff costs. No statements are made about long-term performance.

Studies that show no significant association

In a study of S&P 500 companies for the years 1998–2002, no significant correlation between gender diversity and company performance could be found.

Controversy

The obligation to have quotas for women is the subject of a controversial discussion. The following aspects are discussed:

Cost-benefit considerations

The quota is being introduced with the aim of increasing the number of women on the board for a limited period in the hope that this will change the long-term occupation by breaking through a stable structure once. It is unclear how great the costs and benefits will be for companies if they increase the number of women on supervisory boards within a transition period, typically a few years.

The Gendergap Report of the World Economic Forum defines further criteria for assessing the costs and benefits of the quota. In its Gender Gap Index , which has been examining the gender gap worldwide since 2006, e . B. for the difference between the gender groups. 200 countries are covered in detail in the 2010 report. According to him, when weighing the advantages and disadvantages of a women's quota, it is important to distinguish between short-term and long-term costs and effects. In addition, the evaluation of a policy instrument depends on which criteria are applied: social justice , cost efficiency , effectiveness by increasing the proportion of women. Depending on the criteria and their weighting, alternative policy instruments such as mentoring , networking and databases for qualified female candidates are preferred or rejected.

Quota and Justice

Proponents of a women's quota justify this primarily with the argument that the low representation of women in the relevant office or mandate is a consequence of gender-based discrimination that the quota would alleviate or eliminate. Opponents fear that the introduction of quotas for women will discriminate against men if the desired quota for women is higher than the proportion of women in the relevant work or policy area. For example, only 13.9% of the global workforce at the automobile manufacturer Daimler AG are women; with a female quota of 40% for management positions, women with the same qualifications would have massively increased chances of promotion compared to their male colleagues only because of their gender. Critics often argue that a quota for women would lead to men being institutionally disadvantaged because of their gender. The women's quota of the Greens provides for a proportion of women among their mandate holders and office holders of at least 50%. The proportion of female party members is only 37.2%. However, they argue with the total population, in which women are in the majority due to higher life expectancy .

Scope and limits of the quota

Critics of an institutionalized quota for women criticize the fact that the current discussion is conducted under the justice postulate of equality, but ultimately only addresses the proportion of women in the very few top positions in the economy. If it were only about the social order aspect of "equality", a look at other areas of the professional world would also be necessary. A quota for jobs in garbage collection, sewer cleaning or the disposal of dangerous goods would not have been demanded by any woman politician. Walter Hollstein, Professor of Political Sociology, describes the discussion about a quota regulation as dishonest and as a "pure gender struggle for power".

Quota and qualification

A central point of discussion is the conflict between the requirement to select personnel solely based on qualifications or additional criteria (as in the case of the quota for women, gender). Here, on the one hand, the question of fairness plays a role, on the other hand, concerns are expressed that the performance of the committee or the office could suffer if (formally) lower qualified female applicants were preferred to (formally) higher qualified men due to the quota. However, a study shows that the women who were admitted to the board of directors due to the Norwegian quota of 40% women have on average (formally) higher qualifications than their male colleagues. Given that equality between women and men has theoretically been achieved, this should not be an argument in favor of a women's quota, since without it every applicant would actually have to be hired according to their qualifications.

Competing quota regulations

In addition to quotas for women, there are other quota regulations in favor of disadvantaged groups in a number of countries. Examples are the measures of the affirmative action in the United States to support the colored sections of the population, the quotas in the civil service of India for low castes or the codetermination rules in Germany. If a women's quota is used at the same time, competing quota regulations arise that have to be resolved by priority regulations.

Quota and freedom of contract / right of ownership

Another argument against the quota for women is that it constitutes a restriction on the freedom of contract and the property rights of company owners if women's quotas are also introduced by law for private organizations. The general assembly's freedom of choice in appointing board members will be curtailed. The Federation of German Industries raises constitutional concerns about the women's quota in the private sector due to the associated restriction of entrepreneurial freedom.

Study on maternal underrepresentation

The sociologist Hilke Brockmann has dealt with women's quotas and the underrepresentation of mothers in politics and in professional life. According to a comparison of legislative periods before and after the introduction of women's quotas in political parties, women are now more represented overall, but mothers are still underrepresented. In the CDU / CSU and the FDP, the proportion of mothers in parliamentarians has even decreased in the comparison period.

sexism

Critics of the women's quota claim that it promotes exactly what it is supposed to prevent - namely sexism . Ultimately, a quota represents nothing more than discrimination against women, since it is assumed that a person is not equally capable of working their way up to better positions based on their gender alone. The fact that a corresponding law would distinguish between the sexes at all is a violation of the non-discrimination principle from Article 3 of the Basic Law and is therefore unconstitutional. For the same reason, models for proportional quota regulations for ethnic minorities are also inadmissible. It is argued that in an emancipated society it should no longer play a role - even in laws - which gender one belongs to, e.g. B. the color of a person's skin.

Stigmatization of housewives

Birgit Kelle feared a stigmatization of Housewives , which will partially charged already to live in "involuntary, male oppression" (trowel), as they had decided "to career". However, every woman should be able to plan her own life - and that includes the conscious decision not to go to work.

Quota woman

The negative term quota woman is intended to express that women were only elected or hired on the basis of a certain formal quota requirement and not on the basis of their qualifications. Quota is assessed and rejected as a reward for poor performance. Quota woman is a common stereotype about women politicians.

See also

literature

items

  • Barbara Steffens : Do we need a quota for women? In: Ifo express service . 63, No. 17, 2010, pp. 3-15.
  • Niels van Quaquebeke, Anja Schmerling: Cognitive equality. How the mere depiction of well-known female and male leaders affects our implicit thinking about leadership. In: Journal of Industrial and Organizational Psychology, Volume 54, 2010, pp. 91-104.
  • Inga Michler: The Daughters of the Patriarchs: More and more women are taking over the management of family businesses. (Cover story), In: Welt am Sonntag compact , No. 44, Sunday, November 4, 2018, pp. 14-16

Web links

Wiktionary: Frauenquote  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ a b Nielsen, Sabina, and Huse, Morten (2010). Women directors' contribution to board decision - making and strategic involvement: The role of equality perception. European Management Review, 7, p.16-29. Retrieved from: http://www.uis.no/getfile.php/Forskning/Bilder/09%20%C3%98konomi/Seminar%20Morten%20Huse.pdf
  2. ^ Convention on the Elimination of all Forms of Discrimination against Women , UN website
  3. ↑ Concluding Observations of the Committee on Economic, Social and Cultural Rights - Germany Point C15, p. 4 (pdf. Engl .; 63 kB)
  4. ↑ Markus C. Schulte von Drach: United Nations “deeply concerned” about social policy “Germany fails in the fight against poverty,” Süddeutsche Zeitung , July 6, 2011
  5. ^ Catalyst. (2008). Advancing Women leaders: The connection between Women Board Directors and Women Corporate Officers. Retrieved from: Archived Copy ( October 1, 2008 memento on the Internet Archive ) and Catalyst (2004). The Bottom Line: Connecting Corporate Performance and Gender Diversity. and Catalyst. (2002). Making Change: Creating a Business Case for Diversity. Kotiranta, Annu, Kovalainen, Anne and Rouvinen, Petri (2007), Female Leadership and Firm Profitability. EVA Analysis Finland, No.3, September 24, 2007. Smith, Nina, Smith, Valdemar and Verner, Mette (2005). Do women in Top Management Affect Firm Performance ?. The Conference Board of Canada.
  6. ^ Löfström, Asa. (2009). Gender equality, economic growth and employment. On behalf of the Swedish Minister of Equality and Gender
  7. ^ Asa Löfström: Gender equality, economic growth and employment. On behalf of the Swedish Minister of Equality and Gender. 2009.
  8. ↑ Göddertz, S .; Rauschnabel, PA; Ivens, BS (2011). Women's quotas - a secret weapon in the war for talent? bdvb current, 114, p. 10-12. Retrieved from: https://www.uni-bamberg.de/fileadmin/uni/fakultaeten/sowi_lehrstuehle/absatzwirtschaft/Bilder/Publikationen/Frauenquote_Studie.pdf
  9. ↑ https://www.bmbf.de/foerderungen/bekanntmachung-444.html
  10. ↑ Christoph B. Schiltz, Germany's women earn too little money. Federal Ministry for Families, Seniors, Women and Youth (2010). Atlas on equality between men and women in Germany. Data from 2007, p. 57. Retrieved March 5, 2010
  11. ^ Advancing Women leaders: The connection between Women Board Directors and Women Corporate Officers. ( Memento from October 1, 2008 in the Internet Archive ) 2008.
  12. ↑ Terjesen, Sealy and Singh (2009). In Storvik, Aagoth and Teigen, Mari (2010). Women on board. The Norwegian Experience. Friedrich Ebert Stiftung. Studies Showing a Negative Effect Adams, Renée B. and Ferreira, Daniel (2008), Women in the boardroomand their impact on governance and performance, forthcoming in The Journal of Financial Economics. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1107721 Coles, Jeffrey L., Daniel, Naveen D. and Naveen, Lalitha (2008), Boards: Does one size fit all? Journal of Financial Economics, Volume 87, Issue 2, February 2008, Pages 329-356.
  13. ↑ Kramer, Vicki W., Konrad, Alison M. and Erkut, Sumru (2006). Critical Mass on Corporate Boards: Why Three or more women enhance governance. Executive Summary: Archive link ( Memento from November 15, 2012 in the Internet Archive )
  14. ^ The Bottom Line: Corporate Performance and Women's Representation on Boards , Lois Joy, Nancy M. Carter, Harvey M. Wagner, Sriram Narayanan, 2007-10, sponsored by: The Chubb Corporation.
  15. ↑ http://ec.europa.eu/social/BlobServlet?docId=4746&langId=en More Women in Senior Positions. Key to economic stability and growth. Andy Fuller, Nicole Fondeville-Gaoui, Liesbeth Haagdorens, Paid by: European Commission, Directorate-General for Employment, Social Affairs and Equal Opportunities Unit G1.
  16. ^ Heide M. Pfarr: Quotas and Basic Law. 1988, ISBN 3-7890-1586-5 , chapter “Possible manifestations of quotas”, pp. 202–208
  17. ↑ Richard E. Matland: Electoral quotas - Frequency and effectiveness; in: Drude Dahlerup: Woman, Quotas and Politics, 2006, ISBN 0-415-37549-5 , pp. 275-291
  18. ↑ Beate Hoecker: Women and the Institutional Europe: Political Participation and Representation in Gender Comparison, 2013, ISBN 978-3-531-19044-0 , p. 126, online
  19. ^ Klaus Rainer Röhl: Proximity to the enemy: Communists and National Socialists in the Berlin BVG strike of 1932 . Campus, Frankfurt / Main 1994, ISBN 3-593-35038-6 , p. 107 .
  20. ↑ Louise K. Davidson-Schmich, Isabelle Kürschner: Is the women's quota reaching its limits? - An investigation of the 2009 Bundestag election. Journal for Parliamentary Issues 2011 (42) 1, p. 27.
  21. ^ Ulrich von Alemann: The party system of the Federal Republic of Germany. Bonn 2003, p. 143.
  22. ↑ Emancipation: Some stations in: Focus No. 31 of August 2, 2010, p. 45.
  23. ↑ women and men. In: German Bundestag. Archived from the original on April 15, 2016 ; Retrieved April 18, 2016 .
  24. ↑ CSU party congress votes for women quota ( Memento from October 31, 2010 in the Internet Archive )
  25. ↑ That means the quota for women in the state parliament . Morgenpost.de, January 31, 2019.
  26. ↑ [1]
  27. ↑ CDU commission initiates quota for women. In: Deutsche Welle. July 8, 2020, accessed on July 9, 2020 (German).
  28. ↑ Time: Equality - India adopts a quota for women (accessed on March 29, 2010)
  29. ↑ https://freedomhouse.org/report/freedom-world/2015/tunisia (Since in most constituencies only 5-9 MPs are elected and the first places on the list are de facto occupied by a majority of men, the actual proportion of women is well below the theoretically expected 50%.)
  30. ↑ a b Case C-450/93, judgment of the Court of Justice of October 17, 1995. Eckhard Kalanke v Free Hanseatic City of Bremen. EUR-Lex
  31. ↑ a b C-409/95 Judgment of the Court of 11 November 1997. Hellmut Marschall v. State of North Rhine-Westphalia ( Memento from December 26, 2012 in the Internet Archive ), Menschenrechte.ac.at
  32. ↑ Rebhhan (ed.): Comment Equal Treatment Act, GBK-GAW. Springer, Vienna 2006
  33. ^ Jabornegg, Resch, Strasser: Commentary on labor law. Manz 2003
  34. ^ OV: Equal rights: the proportion of women is growing only slowly. In: Der Spiegel. 39/2014, p. 19.
  35. ↑ Agreement between the Federal Government and the umbrella organizations of German business to promote equal opportunities for women and men in the private sector. (PDF) DIHK - German Chamber of Commerce and Industry, archived from the original on February 7, 2011 ; accessed on December 2, 2014 .
  36. ↑ http://www.bmfsfj.de/RedaktionBMFSFJ/Broschuerenstelle/Pdf-Anlagen/frauen-in-f_C3_BChrungspositionen-deutsch,property=pdf,bereich=bmfsfj,sprache=de,rwb=true.pdf
  37. ↑ PRESS RELEASE March 23, 2006: Act to promote women in the private sector is overdue ( Memento of May 12, 2006 in the Internet Archive )
  38. ↑ Telekom introduces quota for women. Zeit online, March 15, 2010, accessed February 6, 2011 .
  39. ^ German Bundestag, resolution recommendation, printed matter 17/1274, March 29, 2010
  40. ↑ Minister threatens companies with a quota for women. In: derStandard.at. June 14, 2010, accessed December 3, 2017 .
  41. ↑ Lead article: The fear of the quota is finally causing movement. Welt am Sonntag, February 6, 2011, accessed on February 6, 2011 .
  42. ↑ Archived copy ( Memento from November 19, 2011 in the Internet Archive )
  43. ↑ http://dip21.bundestag.de/dip21/btd/17/065/1706527.pdf
  44. Jump up ↑ http://www.derwesten.de/wirtschaft/bundestagsabteilunge- consum-in-berliner-erklaerung-frauenquote-fuer-aufsichtsraete- id6165492.html
  45. ↑ a b More women in management - Bundestag adopts quota, reuters.de, published on March 6, 2015, accessed on March 6, 2015
  46. ↑ Law for the equal participation of women and men in management positions , on www.bmfsfj.de ( Memento of October 1, 2016 in the Internet Archive ), accessed on October 1, 2016
  47. ↑ https://www.spiegel.de/politik/deutschland/koalition-einigt-sich-grundsaetzlich-auf-frauenquote-in-vorstaenden-a-eec91745-3b29-4b6c-82cc-ad04acf26a84
  48. ↑ https://www.bundesregierung.de/breg-de/aktuelles/mehr-frauen-in-vorstaende-1834446
  49. ↑ https://www.bmfsfj.de/bmfsfj/service/gesetze/zweites-fuehrungspositionengesetz-fuepog-2/164226
  50. ^ OV: Equal rights: the proportion of women is growing only slowly. In: Der Spiegel. 39/2014, p. 19.
  51. ^ Civil service more and more feminine. (No longer available online.) Salzburger Nachrichten, July 19, 2010, formerly in the original ; Retrieved August 6, 2010 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.salzburg.com  
  52. ↑ The slightly different statistics , moneyhouse, February 11, 2011.
  53. ↑ Women in the elections - federal level ( memento of August 2, 2016 in the Internet Archive ), Federal Statistical Office, 2011.
  54. ↑ tagesschau.de: Law applies from 2006. Norway introduces quota for women in supervisory boards (tagesschau.de archive) (as of December 8, 2005)
  55. ↑ Aagoth Storvik, Mari Teigen: Women on Board. The Norwegian Experience. Friedrich-Ebert-Stiftung e. V., 2010
  56. ↑ Mari Teigen, Hiedeke Heidenreich: The effect of the Norwegian quota legislation for boards. Preliminary findings. 2010. http://www.boardimpact.com/PDF/MariTeigenogVibekeHeidenreich.pdf
  57. ↑ The Guardian Norway's female boardroom pioneer rejects quotas for women.Retrieved June 30, 2013
  58. ↑ a b Ahern, Kenneth R., and Amy K. Dittmar. The changing of the boards: The impact on firm valuation of mandated female board representation. In: The Quarterly Journal of Economics 127.1 (2012), p. 139.
  59. ↑ http://www.wiwo.de/erfalt/beruf/frauenquote-wird-norwegen-vom-vorbild-zum-versager/10276636.html
  60. ↑ Helena Morrissey, The Woman with Nine Children and 51 Billion
  61. ↑ a b Ruth Fend, Katja Marjan: How abroad promotes women. ( Memento of the original from November 23, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. June 17, 2010 @1@ 2Template: Webachiv / IABot / www.capital.de
  62. ↑ Ilse König: Coupling of business promotion to the promotion of women and models and possibilities for increasing the proportion of women on supervisory boards. Federal Ministry for Women and Public Service in the Austrian Federal Chancellery, Vienna 2009, p. 45.
  63. ↑ Belgian Parliament votes for quota in listed companies (accessed March 15, 2013)
  64. ↑ Italy's government introduces quota for women (accessed March 15, 2013)
  65. ↑ http://pro-quote-medizin.de/
  66. ↑ http://taz.de/Aufruf-Frauenquote-Kultur/!146961/
  67. ↑ Berliner Theatertreffen plans Frauenquote , deutschlandfunkkultur.de, published and accessed on April 30, 2019.
  68. ^ Roy D. Adler: Women in the executive suite correlate to high profits. In: Harvard Business Review. Volume 79, No. 3, 2001.
  69. ^ Catalyst: The bottom line: Connecting corporate performance and gender diversity. 2004.
  70. ↑ Kotiranta, Annu, Anne Kovalainen, and Petri Rouvinen. Female leadership and firm profitability. EVA analysis 3 (2007): 2007.
  71. ↑ Nina Smith, Valdemar Smith, Mette Verner. Do women in top management affect firm performance? A panel study of 2,500 Danish firms. In: International Journal of Productivity and Performance Management. Volume 55, No. 7, 2006, pp. 569-593.
  72. ^ Thomas Schmid, Daniel Urban: Women on Corporate Boards: Good or Bad? , October 25, 2013, accessed October 20, 2015.
  73. ^ A b c Thomas Schmid, Daniel Urban: Women on Corporate Boards: Good or Bad? , October 25, 2013, p. 17, accessed October 20, 2015.
  74. ↑ Ahern, Kenneth R., and Amy K. Dittmar. The changing of the boards: The impact on firm valuation of mandated female board representation. In: The Quarterly Journal of Economics 127.1 (2012), p. 139.
  75. ^ Renée B. Adams, Daniel Ferreira: Women in the boardroom and their impact on governance and performance, forthcoming in The Journal of Financial Economics. 2008.
  76. ↑ Sven-Olov down Feldt, Niklas Rudholm: Does Gender Diversity in the Boardroom Improve Firm Performance?
  77. ↑ Pierpaolo Parrotta, Nina Smith: Female-led firms: Performance and risk attitudes , URL: http://www.sole-jole.org/14242.pdf
  78. ^ Marie-Christine Laible: Gender Diversity in Top Management and Firm Performance: An Analysis with the IAB-Establishment Panel , Institute for Employment Research (IAB), CAED Conference Paper, Atlanta, September 2013, URL: http: //www.frbatlanta .org / documents / news / conferences / 13caed / g_1_laible.pdf
  79. ^ David A. Matsa and Amalia R. Miller: A Female Style in Corporate Leadership? Evidence from Quotas , in: American Economic Journal: Applied Economics 2013, 5 (3): 136–169 doi : 10.1257 / app.5.3.136 .
  80. ↑ David A. Carter, Frank D'Souza, Betty J. Simkins, W. Gary Simpson: The Gender and Ethnic Diversity of US Boards and Board Committees and Firm , in: Corporate Governance: An International Review, 2010, 18 (5) , Pp. 396-414.
  81. ↑ Bernd Gräfrath: How fair is the quota for women? A practical philosophical investigation. , Pages 28-45.
  82. ↑ Bernd Gräfrath: How fair is the quota for women? A practical philosophical investigation. Pp. 21-27
  83. ↑ Archive link ( Memento from June 28, 2013 in the web archive archive.today )
  84. ↑ Bettina Weiguny on FAZ.NET : Wut auf Frauenförderung , March 27, 2013.
  85. ↑ Cornelia Schmergal and Manfred Engeser on wiwo.de : Management: women's quota threatens men's careers
  86. ↑ Michael Freitag on Spiegel Online : Supervisory Board: Daimler could triple the proportion of women
  87. ↑ Women's quota - at the expense of men. Archived from the original on February 21, 2011 ; Retrieved February 21, 2011 .
  88. ↑ Bernd Gräfrath: How fair is the quota for women? A practical philosophical investigation. , Page 58 ff
  89. ^ Teigen, Mari and Heidenreich, Hiedeke (2010). The effect of the Norwegian quota legislation for boards. Preliminary findings. http://www.boardimpact.com/PDF/MariTeigenogVibekeHeidenreich.pdf
  90. ↑ Christian Sebastian Moser: Keyword equality. More for everyone, not the same for everyone, in: Christian Sebastian Moser, Peter Danich, Dietmar Halper (eds.): Schlüsselbegriffe der Demokratie , Böhlau Verlag, Vienna 2008, pp. 103–118.
  91. ↑ Aagoth Storvik, Mari Teigen: The Norwegian Experiment - a women's quota for supervisory boards, published by the Friedrich Ebert Foundation, 2010, p. 7. Online at URL: http://library.fes.de/pdf-files/id/ipa /07310.pdf
  92. ↑ Archived copy ( Memento of July 8, 2014 in the Internet Archive )
  93. ↑ Cf. also the so-called motherhood penalty , which was established by American sociologists.
  94. ^ Hilke Brockmann: Women and Mothers in the German Bundestag. An exploratory longitudinal study. Journal of Parliamentary Issues 4 (2012), 727-738.
  95. ↑ See also Hilke Brockmann: Bring on the mothers! In: Die Zeit of January 12, 2013.
  96. ↑ http://www.theeuropean.de/heinrich-schmitz/7392-rezension-von-dann-mach-doch-die-bluse-zu
  97. ↑ http://www.taz.de/!123213/
  98. ↑ Petra Pfannes: 'Power Woman', 'Quota Woman', 'Exceptional Woman' - The depiction of women politicians in the German daily press, 2004, ISBN 3-8288-8649-3 , p. 29