Law on Mother and Child Protection and Women's Rights

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The Law on the mother and child protection and women's rights was one of the Provisional People's Chamber , the parliament of the Democratic German Republic (GDR), decreed on 27 September 1950 and applicable from 1 October of that year the law , with the In the GDR, a uniform legal regulation for the areas of mother and child protection and women's rights came into force for the first time. According to its preamble , the goals of passing the law were, in particular, the implementation of the principle of full equality between men and women contained in the constitution of the GDR , the consolidation of the family and the promotion of large numbers of children. The law on mother and child protection and women's rights was the basis for women's policy in the GDR and, until 1972, for regulating the termination of pregnancy . With the signing of the Unification Treaty , it was repealed in 1990 in the course of German reunification .

Provisions

The contents of the law on mother and child protection and women's rights included in the first section (“State Aid for Mothers and Children”, Sections 1–11), among other things, the granting of both one-off and ongoing financial support for large mothers , the preference for single mothers when admitting their children to day nurseries and day-care centers , requirements for the establishment of new children's policlinics, children's departments in existing hospitals, children's homes for small children, day nurseries and day-care centers as well as maternity and convalescent homes , the creation of an average of three maternal and child counseling centers in each district of the GDR , the granting of pregnancy and weekly leave to the extent of five weeks before and six weeks after the birth as well as the payment of pregnancy and weekly allowances by social insurance in the amount of the average monthly income.

In addition, the law contained a regulation of the termination of pregnancy in the form of an indication regulation , through which individual laws previously applicable in the GDR countries were replaced. According to Section 11 of the Act on Mother and Child Protection and Women's Rights, an abortion was only permissible after medical or embryopathic indication , “if carrying the child to term seriously endangers the life or health of the pregnant woman or if one of the parents had a severe hereditary disease is burdened ". In addition, the permission of a commission was required, which consisted of doctors, representatives of the organs of the health service and the Democratic Women's Federation .

The second section (“Marriage and Family”, Sections 12-19) contained, among other things, the stipulation that marriage for women “did not restrict or diminish their rights”, thereby abolishing the man's sole right of determination in all matters of marital life and a joint decision-making right of both spouses was replaced. The mother of a child born out of wedlock had full parental rights. Further regulations on marriage and the family should be adopted in the form of a family law law that is yet to be drawn up.

In the third section ("Women in production and the protection of their work", §§ 19-25) it was stipulated that the work of women should not be limited to traditional female occupations. In addition, the working conditions should be adapted to the physical characteristics of the woman. The law also contained the principle of equal pay for equal work as well as the requirement to promote the work of women in managerial positions. Further regulations concerned measures with regard to the special situation of women in agricultural occupations as well as the preference given to single and large working mothers in the allocation of housing and in the recruitment of workers.

Requirements for the participation of women in political and social office were contained in the fourth section ("Participation of women in state and social life", §§ 26-29). This concerned, for example, the work of women as mayors , city, rural and district councilors as well as juries , lay judges and assessors, arbitrators and house stewards. The final provisions in the fifth section (Sections 30/31) contained, among other things, the threat of imprisonment for violating the constitutional principle of equal rights for women.

Changes and repeal

With the passing of an amending law on May 28, 1958, the state benefits for mothers were reorganized, in particular the amount of financial support increased significantly. Further changes to the law were made by the Introductory Act to the Labor Code of the German Democratic Republic, passed on April 12, 1961, and by the Act on the Interruption of Pregnancy of March 9, 1972, which fundamentally revised the legal situation on termination of pregnancy in the form of a time limit came into force. The law on mother and child protection and women's rights was repealed by the Unification Treaty signed on August 31, 1990 .

literature

  • Dierk Hoffmann, Michael Schwartz : Welfare State in the GDR: Social Policy Developments in the Field of Tension Between Dictatorship and Society 1945 / 49−1989. Series: Series of the quarterly books for contemporary history. Oldenbourg Wissenschaftsverlag, 2005 ISBN 3-48-657804-9 , pp. 68-74

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