Laws and official regulations on gender-sensitive language

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Laws and official regulations on gender-neutral language include laws , administrative regulations and official decrees that recommend or normatively prescribe the use of gender-sensitive language . In German-speaking countries ( DA-CH countries ) this primarily concerns the avoidance of the so-called “ generic masculine ”, in which personal designations are used in masculine form to mean people of all genders in the generalized ( generic ) sense. Traditionally, teacher stands for people of any gender, not necessarily just male; the feminine term teachers is only used when only women are meant. The official guidelines recommend mainly gender-neutral formulations (teachers, teaching staff) and pair forms ( teachers) for linguistic equality and clarity .

Official spelling of German

As a regulatory body for the official spelling of the German language , the Council for German Spelling (RdR) was set up by Germany , Austria , Switzerland , South Tyrol , Liechtenstein and the German-speaking Community of Belgium in 2004 .

In mid-2018, the Spelling Council issued a preparatory opinion under the title Gender-Equitable Spelling - A Challenge Still Without a Solution , which stated:

"The widespread practice of always writing by women and men in the feminine and masculine form, in the plural or in passive constructions, currently best meets the expectation of gender-equitable writing ."

At the end of 2018, the Council passed a resolution with recommendations on “gender-equitable spelling” ; Six principles were recorded, but the question of including persons of the third gender option was left open (compare Divers , Third Gender ):

"Gender equitable texts should

  • be factually correct,
  • be understandable and legible,
  • be readable (with a view to the age development of the population and the tendency in the media to make texts available in readable form),
  • Ensure legal certainty and clarity,
  • be transferable with regard to German-speaking countries with several official and minority languages,
  • ensure that readers or listeners have the opportunity to concentrate on the essential facts and key information.

The different target groups and functions of texts must be taken into account.
[...] The trial phase of various names of the third gender takes place at different speeds and intensities in the countries of the German-speaking area. It should not be influenced by the early recommendations and determinations of the German Spelling Council. "

Germany

Legally standardized language

In prescriptive, normative texts such as laws and in legal jargon , personal designations are traditionally used in the masculine form to mean people of any gender: a citizen stands for a male, female or diverse gender person.

Weimar Republic

In the Weimar Constitution of 1919, “men and women” were mentioned in three places, especially in Section 109: “All Germans are equal before the law. Men and women basically have the same civic rights and obligations. ”The last sentence of the article read:“ No German may accept titles or medals from a foreign government. ”The masculine formulation no German was used in a generic sense (abstracting gender), like many others Male names in the constitutional text, for example all citizens, every relative, female civil servants .

National Socialism

In the following period of National Socialism (1933-1945) masculine forms in legal texts (the judge, the lawyer) were interpreted as designations only for men and women, for example, were prohibited from exercising legal professions by decrees of the Reich Ministry of Justice . This different interpretation of the legal text justified the exclusion of women.

Federal Republic

In 1991 the legally binding handbook on legal formality , published by the Federal Ministry of Justice under Klaus Kinkel ( FDP ), questioned the habit of using the generic masculine:

“The language of the rules is criticized because the accumulation of masculine personal names creates the impression that women are overlooked or only 'meant'. Women should always be mentioned explicitly. Different formulations are suggested to solve this, but only in part are appropriate:
[…] Due to the uniformity of federal law, paired formulas should generally not be used, even if it would not cause any difficulties in individual cases.
[...] Masculine personal names can be avoided to a certain extent and replaced by precise expressions or descriptions. In their place, for example, participles and adjectives in the gender-indifferent plural form (the beneficiaries, the applicants) or paraphrases with “person” (“another person” instead of “another”) can be used. Which formulation is to be chosen according to technical and linguistic aspects can only be assessed for the individual regulation. "

In 2008, in the third edition of the manual, in the section on linguistic equal treatment of women and men , women should be addressed directly in legal texts and made visible (section 1.8, § 111). But the intelligibility of the texts shouldn't suffer as a result. Legally binding texts should not contain any slashes and should be easy to read, which excludes the use of the Inner Is (§ 115). The handbook expressly recommends gender-neutral personal names, creative reformulations (§ 117) and pair forms (§ 114). The latter, however, should not be used too often (§ 118). Specific masculines would have to be expressly identified as such (§ 120).

As early as 2005, the Lower Saxony municipal code anticipated this spirit of the manual (§ 5a paragraph 7): "The mayor must involve the equal opportunities officer in all matters affecting their area of ​​responsibility in good time and provide them with the necessary information." The wording made it unmistakably clear that the office of mayor can be exercised by women and men, but that of the equal opportunities officer only by women (see below on Lower Saxony ).

In 2004, the Judicial Remuneration and Compensation Act (JVEG) was formulated in a gender-sensitive manner: law on the remuneration of experts, interpreters, translators and the compensation of honorary judges, witnesses, witnesses and third parties .

Until August 2006, the German Civil Code stipulated that job advertisements must usually be formulated in such a way that there is no appearance of discrimination (Section 611b). Since then, this standard has been specified by the General Equal Treatment Act (AGG). For reasons of space, short forms are usually appropriate for job advertisements, e.g. teacher; as an alternative to the generic masculine form, we recommend adding brackets: cutting machine operator ( male / female ) for " male / female ". Violations of this standard can give rise to claims for damages. After the constitutional judgment introducing the third gender optiondiverse ”, the addition in brackets is expanded: (m / f / d) .

In 2013, the road traffic regulations were subjected to minor adjustments and extensive gendering of the wording, in which gender-neutral formulations and sometimes paired forms ( denomination ) were used.

In March 2018, the Federal Court of Justice ruled against women's rights activist Marlies Krämer (VI ZR 143/17) that the use of the generic masculine in forms (in the case of a savings bank: "account holder, customer") does not violate the General Equal Treatment Act (see details to the judgment ).

Criminal law

The German penal code and other legal texts use the generic masculine term, so that the masculine form of designation "minister" also means ministers and "murderer" also means murderers; Women are included. As early as 1989, the magazine Der Spiegel noted : “The entire legal system is written in men's language.” A database analysis on the key words electors, chairmen, substitutes, shop stewards, sailors, arbitrators and merchants revealed 524 references. The linguist Ingrid Guentherodt, pioneer of gender equitable language , named as an example of the “perversion of a misogynist German legal language” the section 52 of the code of criminal procedure with the wording: “the fiancé of the accused”. In 2015 the paragraph was added: “the fiancé of the accused; the spouse of the accused [...] the life partner of the accused ”( Section 52 ).

Internal instructions from the authorities

Federal level

In 1987 the inter-ministerial "Legal Language Working Group" was set up after the three parliamentary groups CDU / CSU , SPD and Greens had asked the black-and-yellow coalition under Helmut Kohl in their own proposals to check the legal terminology for gender-related formulations and to use gender-neutral personal names and names in legal texts Use formulations .

In 1990 the working group presented the Federal Government with its report Masculine and Feminine Designations of Persons in Legal Language , in which the linguistic background of the so-called " generic masculine " and the criticism made was discussed in great detail . Basically, there are two types of use for “masculine”: on the one hand to denote male persons, on the other hand to denote sexus indifferent persons whose gender is not known or is unimportant for the respective context. [...] The vagueness of the meaning of masculine personal designations is usually balanced out in the specific language use by the context of the text or the usage situation as well as the experience of reality and the expertise of the readers and listeners and paired forms used in places ( both naming ). Regarding the language of the rules, it was stated: "The working group therefore advocates a pragmatic review of the language of the rules, in which, depending on the facts, regulatory context and target group, better formulations are sought and used while avoiding generic masculine."

In 2000, the Federal Office of Administration published the leaflet M 19 Linguistic Equal Treatment of Women and Men - Notes, possible applications and examples , which showed "which possibilities of personal designation the German language offers if masculine personal designations are to be avoided as a generic term for male and female persons."

In 2001, the red-green Schröder government passed the Federal Equal Opportunities Act (BGleiG) for all agencies at federal level (since the 1990s, all 16  federal states have had their own state equality laws ). The BGleiG states as the goal: "In accordance with this law, women are encouraged to reduce existing disadvantages", accompanied by linguistic equal treatment ( § 1 ; from 2016 in § 4 ):

Federal legal and administrative regulations are also intended to express equality between women and men in language. This also applies to official correspondence.

In 2005 the Federal Ministry for Family, Seniors, Women and Youth declared in its “checklist” that the use of the generic masculine was “unacceptable”, nor any blanket introductory remarks such as: “The generic masculine is used for better readability”. In its first experience report on the Equal Opportunities Act in 2006, the Ministry stated that it was “recognizable that there are still acceptance problems, particularly with the required extensive avoidance of the generic masculine.” In the future, it must be “even more important than before to inform employees of the meaning of equality-oriented formulations to convince ”with acceptance-promoting measures and advisory support from the Ministry, accompanied by legal formalities checks by the Ministry of Justice.

Since 2011, the Joint Rules of Procedure of the Federal Ministries (GGO) have stated in Section 42 of the Federal Government's draft bills: “Bills must be linguistically correct and as comprehensible as possible for everyone. Bills should express the equality of women and men linguistically. "

Baden-Württemberg

In 1988, during the reign of Lothar Späth ( CDU ) from the Ministry of the Interior of Baden-Württemberg, a first decree of regulations was published , which contained a point on the linguistic equal treatment of women and men. In 1993, the regulation was expanded to include regulations .

In 2009, the Baden-Württemberg Ministry of Labor and Social Affairs of the black-yellow coalition under Günther Oettinger (CDU) published a leaflet on the use of gender-equitable legal and official language, in which neutral formulations and paired formulas ( both names ) were set out as the most important basic rules: " "General clauses", in which it is stated that women are included, but the feminine form is dispensed with for reasons of legibility of a text, are not gender-equitable and should therefore not be used. "

Bavaria

In 1992, the Bavarian State Government under Max Streibl ( CSU ) announced changes to the organizational guidelines, which among other things contained a passage on the equal treatment of women and men in language.

Since 2002, apply in Bavaria , the requirements of the "organizational policy" for state authorities of the Bavarian State Chancellery pair forms such as: students , gender neutral terms such as employees and Gender abstractions like the teachers or the College . “Generic masculine should only be used if common and understandable formulations cannot be found or the content-related statements of the regulations would be imprecise and incomprehensible. […] Savings letters (employees, employees) are not permitted. ”The grammatical consistency of personal names in the case of legal persons must be observed, quote:“ z. B. the municipality as the applicant ".

In 2008, the Bavarian State Ministry of the Interior declared in its brochure Friendly, Correct and Clear - Citizen-Friendly Language in Administration that general clauses that state in the text or as a footnote that all masculine person and function names refer to women and men in the same way are inadequate should relate. The general rule is: "Avoid 'masculine' nouns."

Berlin

In 1987 the Interior Senator Wilhelm Kewenig ( CDU ) issued the circular on the equal treatment of women and men in the language used by the Berlin administration; In 1989 his successor Erich Pätzold ( SPD ) renewed this regulation.

In 2011, the red-red Senate under Klaus Wowereit adapted the joint rules of procedure for the Berlin administration (GGO); on equality between women and men it says in § 2:

The linguistic equal treatment of women and men must be observed. This should primarily be done through gender-neutral personal names and, where this is not possible, through the spelling of the female and male form.

In 2012, the Senate Department for Labor, Integration and Women justified the rejection of the generic masculine in the third edition of the guideline for gender-equitable language in administration :

“The traditional community of women leads to tangible disadvantages. The use of the masculine form alone therefore does not meet the requirement of gender-equitable language. Conversely, the implementation of linguistic equality of treatment for women has a real impact on equality. […] For the sake of clarity and legibility of a text, a neutral formulation should be used as a matter of priority. If this is not possible, formulations in pairs should be chosen. "

Brandenburg

In 1993, the Ministry of Justice issued a passage on the linguistic equal treatment of women and men in its recommendations on the uniform legal form of laws and ordinances .

In 1994 the red - green - yellow coalition under Manfred Stolpe passed the State Equal Opportunities Act (LGG); § 13 Language does not provide for the use of generic masculine :

Laws and other legal provisions must linguistically take account of equality between women and men. In official correspondence, particular attention must be paid to the equal treatment of women and men in the formulation. Gender-neutral personal names are to be used in forms. If these cannot be found, the feminine and masculine language form should be used.

Bremen

In 1985 the Senate of the Free Hanseatic City of Bremen under Hans Koschnick ( SPD ) issued the circular on the equal treatment of women and men in forms , in which the generic use of masculine personal names was declared undesirable:

In principle, the masculine form of a designation cannot be regarded as a generic term that includes both female and male persons. Deviations from this rule are to be clarified with the Bremen Central Office for the Realization of Equal Rights for Women.

The principle of equal treatment of women and men should be observed in terms of content and language. In 1989 it was added that gender-sensitive language should not only be used in forms, but in all publications.

In 2006, the Senate confirmed on the occasion of an inquiry "Gender-neutral official language":

“For the Senate, equality between women and men, taking gender mainstreaming into account, is a consistent guiding principle and is promoted in all areas; this also applies to the language of the Bremen administration. "

Hamburg

In 1995 the Senate of the Free and Hanseatic City of Hamburg under Henning Voscherau ( SPD ) decided on the principles for equal treatment of women and men in legal and administrative language:

In legal and administrative regulations, in the design of forms and in official correspondence from the Free and Hanseatic City of Hamburg, the principle of equal linguistic treatment of women and men must be observed. The use of masculine terms for women should be avoided. Use gender-specific language, i. H. Women and men must be able to find their profession, their position, their office etc. in a word that also describes their gender. […] If regulations apply equally to women and men and a gender-neutral formulation is not appropriate, female and male terms are to be used in full. [...] If the content of a person can be designated in the plural, this should be used if it is gender-neutral. [...] Short forms such as slashes or expressions in brackets and the capital I should not be used.

Hesse

In 1984 the Hessian Prime Minister Holger Börner (SPD) announced the joint circular on equal treatment of women and men in forms , which aimed to avoid generic masculine words :

In the text itself, the citizens should - as far as possible and appropriate - be addressed personally. If this is not possible, either a neutral form should be used (e.g. teacher) or the female and male form should be used (teacher, applicant). […]
The masculine form of a designation can not be regarded as a generic term that includes the feminine and masculine form. It can be assumed that deviations from this rule can be clarified in consultation with the Hessian State Chancellery - Central Office for Women's Issues.

In 1986, after a hearing of experts , the Hesse state parliament decided on clear formulation requirements for future legislation and for the names of organs and authorities:

“In all future laws to be passed, the Landtag will ensure that the principle of equal treatment of women and men is observed. In the legal text, the female and male form of a person's designation should be listed. "

In 1992, the Hessian Ministry of Justice of the red-green state government of Hans Eichel declared in the guidelines for equal treatment of women and men in the legal language:

Legal and administrative regulations should be formulated in such a way that a gender-neutral or the feminine and masculine form of a person designation is used. If gender-neutral formulations are not available for the designation of natural persons , the designation of both sexes should take the place of the generalizing masculine . If the performance of tasks by women is to be emphasized in the regulatory area, both genders must be named.

In 1993 the Hessian Ministry for Social Affairs and Integration put the Hessian Equal Rights Act (HGIG) into force, in which § 1 stipulated the objectives of the law (paragraph 2):

Legal and administrative regulations are intended to express equality between women and men in language. This also applies to official correspondence.

In 2016, the ministry explained:

"Section. 2 refers to the official and legal language, which is traditionally characterized by masculine personal names and in which women are only 'included'. Even if the editorial guidelines for the drafting of legal provisions already provide that regulations should be drafted in such a way that a gender-neutral or the feminine and masculine form of a person is always used, the gender-appropriate form of expression in the language of the regulations and in official correspondence is not yet universal practiced. Section 1 (2) is intended to further anchor gender-equitable form of expression in official and legal language. "

Mecklenburg-Western Pomerania

In 2009, the Parliamentary State Secretary for Women and Equality ( Margret Seemann , SPD ) published the guideline for the linguistic equal treatment of women and men in official and legal language , in which the habit of using the generic masculine was criticized and largely replaced by gender-neutral formulations and, if possible few pair forms (both names). Prime Minister Erwin Sellering ( SPD ) wrote in his greeting:

“Dear Readers, According to Article 13 of our state constitution, the promotion of actual equality between women and men is a state objective and the task of public administration. [...] Actual equality begins on a small scale. For example, with a language that is equally fair to men and women. In relation to the state government, this means that equality between women and men must also be reflected in the legal and official language. "

In 2016, the state government of Mecklenburg-Western Pomerania passed the Equal Opportunities Act (GlG MV) of the red-black coalition under Sellering , in which § 4 general obligations are set out for the first time:

Legal and administrative regulations should also express the equality of women and men in language. This also applies to official correspondence.

Lower Saxony

In 1991 the Lower Saxony Ministry for Social Affairs, Women, Family, Health and Integration decided by Walter Hiller ( SPD ) the principles for equal treatment of women and men in legal language and stipulated in the first paragraph:

As a rule, both genders should be named in legal language. This applies to legal provisions as well as to administrative regulations. Only fully written parallel formulations are used to name both sexes. [...] The feminine designation precedes the masculine. Example: the student […].

In addition, gender-neutral personal designations, substantiated participles and adjectives as personal designations, passive constructions and other options were recommended "in order to keep the regulations as concise, clear, understandable and linguistically flawless as possible by reformulating them."

North Rhine-Westphalia

1990 was published by the SPD - state government and the Ministry of equality between women and men women in legal and official language: A Guide for gender-neutral language .

In 1993, the NRW Ministry of Justice, in coordination with all state ministries and Prime Minister Johannes Rau, issued the decree on equality between women and men in legal and official language , in the appendix of which the use of gender-sensitive language is specified and explained with examples; the generalizing use of masculine terms for all genders is considered inappropriate:

A gender-equitable society requires a gender-equitable legal language. The consistent use of the masculine form for the abstract designation of female and male persons (so-called generic masculine ) does not adequately take into account the demand for linguistic equality. A psychologically effective disadvantage for women through the use of the generic masculine cannot be ruled out. In the area of ​​the official language, the general right of personality imparts a right to a gender-related address. [...] Linguistic equality can most promisingly be achieved in the language of the regulations by using
- gender-neutral reformulations
- pair formulas
. Gender-neutral reformulations are generally preferable to using paired formulas because they generally do not make rules much longer or more complicated.

In 1999 the red-green coalition under Wolfgang Clement put the State Equal Opportunities Act (LGG) into force, which prescribes gender-equitable language for the public service (Section 4 Language ):

Laws and other legal provisions linguistically take account of equality between women and men. Equal linguistic treatment of women and men must be observed in internal and external business communication. Gender-neutral personal names are to be used in forms. If these cannot be found, the feminine and masculine language form should be used.

In 2008 the Ministry of Justice published the brochure Equality between women and men in legal language: Notes, possible applications and examples , in which gender-neutral formulations are explained in detail, but also the generic masculine personal names required in individual cases in connection with an "equality clause": "As far as personal names are in the masculine, this form is used in general terms and refers to both genders. "

Rhineland-Palatinate

In 1993 the inter-ministerial working group “Gender Equitable Language” of the State of Rhineland-Palatinate made proposals and suggestions for a gender-equitable official and legal language .

In 1995, under the social-liberal state government of Rudolf Scharping, the three ministries for culture, youth, family and women and interior affairs and sport and justice issued the administrative regulation on gender-sensitive official and legal language in order to avoid the use of generic masculine :

The official language must be gender-sensitive; it must make the individual equal treatment of women and men visible. [...] Linguistic equality is primarily to be ensured through gender-neutral designations, formulations and sentence structures. They take into account both the principle of equal treatment of women and men and the requirement of legal clarity in a balanced manner. Before resorting to other forms of linguistic equality, all possibilities of a gender-neutral formulation must therefore be exhausted. If gender-neutral formulations are not available to designate natural persons, paired formulas should be used whenever possible. However, an accumulation of pair formulas in the same sentence should be avoided. [...] Only when gender-neutral formulations or paired formulas cannot be used, the previous generalizing masculine terms may be retained. [...] Linguistic short forms such as slash , hyphen or bracket connections and the capital I are excluded, since such solutions always seriously impair legibility and comprehensibility.

In 2019 the Ministry for Family, Women, Youth, Integration and Consumer Protection updated its handout “Gender Equitable Language” and stated: “Since December 22nd, 2018 it is necessary to justify not to include and name the 3rd gender. This must be shown in particular in a language that gives this group of people visibility and appreciation. Because language is the mirror of everyday life and at the same time everyday life is also shaped by language. ”Then the use of underscores ( gender gap ) and gender asterisk is explained, but only for texts outside the scope of gender-sensitive official and legal language .

Saarland

In 1986 the Saarland state government under Oskar Lafontaine ( SPD ) issued the decree of the Saarland government on the equal treatment of women and men in official announcements , in which it says:

Whenever possible, gender-neutral terms should be used in the text (e.g. 'teacher', 'parents'); alternatively, the female and male form is given (e.g. applicant, spouse, pupil, the signatory / the undersigned). Office, service and job titles are used in male and female form.

In 1990 the Saarland Ministry for Women, Labor, Health and Social Affairs published the guideline for equal treatment of women and men in the official language with recommendations and examples for gender-equitable formulations. In the preface to the 3rd edition in 1992, Minister Christiane Krajewski (SPD) wrote: The brochure “wants to help everyone who deals with legal and administrative language with concrete tips to convert traditional male official German into an official language suitable for women and men develop."

Saxony

In 1994, the Saxon State Government under Kurt Biedenkopf ( CDU ) issued the Saxon Women's Promotion Act (SächsFFG), in which language requirements are only made for job vacancies:

Job advertisements may not be directed either publicly or within the agency exclusively to women or men, unless a certain gender is an indispensable requirement for the advertised activity. The feminine and masculine form of the job title must always be used. The job advertisements must be written in such a way that women are expressly encouraged to apply.

In mid-2020, the black-green-red state government under Michael Kretschmer (CDU) implemented an agreement from its coalition agreement and announced that it would no longer use the generic masculine (masculine word forms in the generalized sense), but gender-neutral formulations and in future laws and ordinances Both names in appropriate places (pair forms). Justice Minister Katja Meier ( Bündnis 90 / Die Grünen ) explains that the language in laws was still shaped by a time when men and women were not given equal rights. In terms of gender-sensitive language, for example, “person of trust” would be used instead of the masculine form “person of trust”.

Saxony-Anhalt

In 1997 the state government of the red-green coalition led by Reinhard Höppner passed the Women's Promotion Act (FrFG), in which no language requirements were made. Regarding job offers it says in § 3:

Women should be particularly encouraged in job advertisements to apply. Job advertisements are to be written in such a way that they invite women in particular to apply. This is especially true for jobs in areas in which women are employed in fewer numbers than men.

The law was consistently formulated in a gender-sensitive manner, for example in Section 17 Voluntary Equal Opportunities Officer ( gender-neutral in the plural ): "In the offices and facilities according to Section 2 with at least five female employees, a voluntary equal opportunities officer and their deputy are appointed by the female employees elected. "For further and advanced training , it says in § 7:" This applies above all [...] to teacher training. "

Schleswig-Holstein

In 1990, the state government of Schleswig-Holstein under Björn Engholm ( SPD ) adopted principles for the equal treatment of women and men in the legal language of all state authorities, which were explained in the announcement by the Schleswig-Holstein Minister of the Interior, Hans Peter Bull :

In the text of legal and administrative provisions, the use of male designations for women is to be avoided as a matter of principle and legal language used to indicate gender. […] If regulations apply equally to women and men and a gender-neutral designation is not appropriate, female and male designations must be used in full; the female form must always be put in front. […] If the content of the plural can also be used to designate a person, this should be used if it is gender-neutral. These principles apply in particular to the personalized designation of authorities, functions and institutions. [...] the ministerial offices are to be designated in the female and male language form. […] Compound terms in which the masculine form predominates will be used in the previous version until they are replaced.

In 1991 the Ministry for Justice, Women, Youth and Family of the State of Schleswig-Holstein published a guideline on gender-equitable formulation, which was processed in 2000 together with the linguist Friederike Braun for the brochure More women in language . The principle was to "renounce the traditional, purely masculine designation of people."

In mid-2020, Interior Minister Sabine Sütterlin-Waack ( CDU ) defended these regulations against regression: From a gender equality perspective, gender-equitable formulation means making women visible and audible in language. In all texts, if women are or could be meant, this should also be explicitly expressed instead of just thinking about women.

Thuringia

In 1998, Thuringia was the last federal state to pass a state equality law , but without instructions on language.

In 2013, the Thuringian state government under Christine Lieberknecht ( CDU ) amended the Thuringian Equal Opportunities Act, in which Section 28 now instructs language :

Authorities and agencies must, as far as possible, choose gender-neutral terms when issuing legal provisions, administrative regulations, when designing forms, in official correspondence and in job advertisements.

In 2016, the State Equal Opportunities Commissioner published the guideline Recommendations for gender-sensitive language , which advised against the use of the generic masculine :

“Gender-sensitive language also contributes to clarity and the avoidance of misunderstandings. Generic masculines are on the one hand apparently neutral and on the other hand have masculine associations. As a result, it is often unclear whether it is a generic or a specific person name. "

In addition to examples of neutral formulations , the guide provided an overview of various strategies for gender-sensitive language .

Austria

In 1987 there were linguistic recommendations for the first time in Austria on the linguistic equal treatment of women and men, drawn up by Ruth Wodak , Gert Feistritzer, Sylvia Moosmüller and Ursula Doleschal and published by the Federal Ministry of Labor and Social Affairs . The guide made suggestions on job titles , titles , forms of address , job titles and job advertisements in the public sector.

In 1990, the Handbook of Legislative Techniques - Legislative Guidelines , published by the Federal Chancellery , contained a general guideline to address women and men equally ( pair forms ). All organ, function and type designations as well as legal provisions on matters relating to personal status should be formulated in a gender- neutral manner.

In 1997, Article 7 of the Federal Constitutional Law (B-VG) was expanded to include gender-related designations: “Official designations can be used in the form that expresses the gender of the office holder. The same applies to titles. "

Between 2000 and 2002, decided to black-blue government under Wolfgang Schüssel ( ÖVP three ministers lectures), which in terms of gender mainstreaming a gender-neutral language is to pay particular attention in all departments. This was justified with an obligation that resulted from the ratification of the Amsterdam Treaty of the European Union in 1997 . This EU treaty declares the promotion of gender equality and the elimination of inequalities between women and men to be the objective of the community; linguistic equal treatment is of particular importance.

In 2001, a Council of Ministers resolution on gender-equitable use of language obliged all federal ministries and their departments to allow both genders to be expressed linguistically as far as possible.

In 2002 the Federal Ministry for Education, Science and Culture (bm: bwk) published guidelines for gender-equitable wording and stated in a circular that the generic masculine should be avoided:

“The use of gender-equitable language is an important basis for implementing gender mainstreaming.
Specifically, this means moving away from the use of male language forms in which female people are only 'included'. Furthermore, so-called 'general clauses', i.e. i. to omit the wording at the beginning of a text that the chosen personal designations apply to both genders. Instead, women as well as men should be made linguistically visible or gender-neutral formulations should be used.
This concerns the gender equitable formulation of all legal and administrative texts as well as the creation of general documents, letters, the formulation of salutations, addresses and the keeping of lists of persons, the creation of forms, ID cards, diplomas, certificates or the drafting of reports and publications etc., thus the entire range of literature in the area of ​​the BMBWK. The entire area of ​​assessing teaching materials (school books, audiovisual teaching materials, automation-based data carriers, etc.) is also affected by the principle of linguistic equal treatment. "

In 2003, the list in Article 7 of the Federal Constitutional Act was supplemented by academic degrees and professional titles:

(3) Office designations can be used in the form that expresses the gender of the office holder. The same applies to titles, academic degrees and job titles.

In 2010 the ministry (bm: ukk) from Claudia Schmied ( SPÖ ) recommended explicitly naming the female and male form (complete pair form ) on this basis for teaching in the lower grades, while in the upper grades also "savings letters" (abbreviations with internal I or slash) should be addressed. The occupation with savings letters was justified with the frequent use in texts.

In 2018, the Ministry published the brochure Gender Equitable Language: Guidelines in the area of ​​activity of the BMBWF with practical examples of wording for denomination and neutralization: “Although women, as an active part of society, bear responsibility, they are often invisible in language. The continued use of exclusively masculine forms ignores this reality and creates an imbalance. "The Federal Chancellery offers an overview of linguistic equal treatment of women and men on its website and notes:" Language is not only a means of communication, it also conveys our worldviews and contributes to education social and psychological identity. There are close interactions between ways of thinking and language behavior. Our ideas flow into our linguistic utterances, the forms of language used in turn influence our thinking. In this context there is the justified demand for equal linguistic treatment of women and men. "

Switzerland

In the area of ​​Swiss legal history, there have been a number of disputes about the interpretation of masculine word forms.

Women's suffrage

As early as the late 1920s, attempts were made to enforce Swiss women's suffrage by interpreting the word “voter” in the sense of the generic masculine , but this was rejected by a gender-specific interpretation of the word:

«If you now claim that the term should also include Swiss women, you are exceeding the limits of permissible interpretation and thereby committing an act that contradicts the meaning of the constitution [...] Restricting voting rights to male Swiss citizens is a fundamental principle of federal public law. "

Until 1971, Swiss women were denied the right to vote - according to the historian Ursa Krattiger with the argument that the law referred to "Swiss", but not "Swiss". Since 1971 women have been explicitly mentioned in the constitution.

equality

In 1981 the principle of equality between women and men was incorporated into the Swiss Federal Constitution . As a result, there were several parliamentary advances to achieve equality in language as well.

In 1986, the Federal Council took up these concerns and criticized the previous use of purely masculine personal names in its report on the legislative program Equal Rights for Men and Women :

«Gender-specific terms in legislation help to ensure that men and women - if not legally, then in fact - are determined to be specific to certain behavior. [...] For these reasons, it seems advisable to formulate all those decrees that apply equally to men and women, if possible, in such a way that the sexes are treated equally in linguistic terms. "

In 1988, the federal administration's professional directory (AS 1989 684) was revised in accordance with gender: In addition to male personal names, female names were used, also for jobs that were not previously carried out by women. From this point in time job advertisements had to be addressed expressly to both genders. In addition, an interdepartmental working group was set up to clarify gender-sensitive formulations in terms of linguistic science and to work out proposals for an administrative and legal language.

Gender equitable language

In 1991 the working group published its report Linguistic Equal Treatment of Women and Men in Legal and Administrative Language and recommended that gender-equitable formulations should be achieved through a creative combination of the various means available ( pair forms and gender-neutral and gender- abstract expressions); the interior I should not be used. In 1993 the Federal Council decided, on a proposal by Parliament, to implement the principles of linguistic equal treatment in the three official languages ​​( German , French , Italian ) in the administration (see also the Brunner incident ).

In 1996 the Federal Chancellery published the legally binding guide to linguistic equal treatment as an aid and instrument for the gender-equitable formulation of the German-language official federal texts; the year before, the Federal Council had taken note of the extensive guidelines.

In 2007, linguistic equal treatment was legally enshrined in the Language Act (SpG) ( Art. 7 ):

The federal authorities endeavor to use appropriate, clear and citizen-friendly language and pay attention to gender-equitable formulations.

In 2009, the Federal Chancellery, in cooperation with the Zurich University of Applied Sciences (ZHAW), revised the German-language guide in great detail under the title Gender-Equitable Language (192 pages) and described the generic masculine as fundamentally " not gender-equitable " - even if with a so-called "General clause" or "legal definition" is defined at the beginning of the text, the masculine form should also apply to women. It is recommended to find an appropriate gender neutral or paired solution depending on the context. In brief passages of text and tables, a designation with a slash such as citizens may be used as a short form (without a supplementary hyphen ). The Binnen-I (citizens) is still not permitted . This language guide from 2009 is still valid and is often given as a reference in German-language guides (see also list of current university language guides ).

Europe

In 2006 the European Charter for Equality between Women and Men at the Local Level was adopted by the Council of European Municipalities and Regions (CEMR), the largest association of local and regional authorities in Europe (non-profit). By mid-2020, more than 1,700 municipalities in 35 countries have committed to the goals of this EU Charter by signing them. As part of the voluntary commitment to "fight against stereotypes " and against discrimination, it also includes a reference to an appropriate linguistic expression:

The undersigned undertakes to combat prejudices, practices and linguistic expressions as well as images, and as far as possible to prevent them, which are based on the idea of ​​the superiority or inferiority of a gender or on stereotypical gender roles for women or men.

In 2008 the European Parliament passed its own guidelines under the title Gender Equitable Use of Language in the European Parliament (in several languages), which began with a definition and spoke out against the generic use of masculine personal names:

“Gender equitable use of language consists in avoiding a choice of words that can be interpreted as one-sided, discriminatory or derogatory because it implies the superiority of one gender over the other, since the gender of a person is or is not relevant in most contexts should. […]
Generic use of masculine
In the grammar of most European languages, the convention applies that in the case of groups of people in which both genders are represented, the masculine is used as the 'inclusive' or 'generic' form, while the feminine is used Acts 'exclusive', d. H. refers only to female persons. This generic or 'neutralizing' use of the masculine is increasingly perceived as discriminatory towards women.
Avoiding the generic use of the masculine is not always easy, especially in formal texts. […]
In some languages ​​the element man is contained in expressions that mean women as well as men: specialist, statesman, carpenter, seaman, substitute, shop steward, commercial, manned flight , etc. With a little effort and care you can usually find one Find neutral expressions related to the sexes. […]
For reasons of legibility, however, it may be necessary to use the generic masculine plural, as is also practiced on television every day: 'Dear viewers, good evening!' [...]
Duplicate entries are to be avoided in principle. [...] Duplicate entries are not possible for formal texts by Parliament. "

In 2018 the guidelines were revised and recommended in the resolution of the European Parliament of 15 January 2019 on gender mainstreaming in the European Parliament : Parliament “recalls the importance of achieving broad public acceptance of the guidelines and urges all members and European Parliament officials to promote and apply these guidelines consistently in their work ”.

France

In 1984 the French Minister for Women's Rights, Yvette Roudy , set up a commission to formulate professional and functional titles in French that are appropriate for women . The Commission's proposals to female names, titles and ranks left by the outgoing Socialist Prime Minister Laurent Fabius in 1986 the relevant departments to come to the attention ( Circulaire du 11 mars 1986 relative à la feminisation of noms de métier, fonction, grade ou titre ) .

In 1999 the Center national de la recherche scientifique (National Center for Scientific Research) compiled a list of female job titles and recommended, for example, the feminine form écrivaine (“writer”). The Académie française continued to reject all forms of gender-sensitive language, even female endings for job titles: the generic masculine is the neutral, unmarked form.

In 2017, Prime Minister Édouard Philippe declared female forms of professional titles to be expressly desired.

In 2019, the Académie stated with only two votes against that there were no fundamental obstacles to using job titles, job titles, titles and academic degrees in the female form in the French language .

Netherlands

In the Netherlands, the law on Gelijkebehäling van mannen en vrouwen bij de arbeid (equal treatment of men and women at work) has been in force in the Netherlands since 1980 , with the requirement to address both women and men in job advertisements .

Other countries

A study by the legal scholar Marguerite Ritchie, who analyzed several hundred years of Canadian law, found that the ambiguity of the generic masculine allowed judges to include or exclude women depending on the zeitgeist and their own prejudices. An example is z. For example, the case of a lawyer who sued for admission to the bar in New Brunswick in 1905 . She argued that the term person and masculine pronouns used in the admission regulations referred to men and women alike. The judges denied this and dismissed their complaint.

Courtenay reported on another example in 1929: A doctorate in medicine was not allowed to do her habilitation at Moscow University because, according to Courtenay, the responsible minister for public education was "based on the wording of the statute, which provided only lecturers, but no female lecturers".

The influence of legal language on jury decisions was examined by Hamilton, Hunter, and Stuart-Smith in 1992. To do this, the research group reconstructed a real murder trial in which the jury was supposed to decide whether the accused woman had acted in self-defense. The test participants, like the jury in the real trial, were given a definition of “self-defense” that consistently used the generic he . As a control, some participants were presented with a modified definition that he or she or she used, but was otherwise identical to the original definition. The results of the study were that participants who read the she - or he or she - versions of the definition were much more willing to acknowledge self-defense. The research team suggested that the jury's decision in the real-life murder trial was influenced by a similar male bias , and that generic masculine forms influence other legal decisions as well.

See also

Current collection of materialsfPortal women: gender language  - current materials

literature

Individual evidence

  1. ^ Council for German Spelling , press release: Gender equitable spelling: challenge still without solution. Mannheim, June 8th, 2018 ( PDF: 296 kB on Rechtsschreibrat.com ).
  2. Press release: Recommendations on “gender-equitable writing”. Decision of the Council for German Spelling of November 16, 2018. Mannheim ( PDF: 422 kB on Rechtsschreibrat.com ).
  3. ^ Weimar Constitution : First section. The individual. Article 109 August 11, 1919.
  4. Ulrike T. Süss-Lindert: Women and Media. In: Astrid Deixler-Hübner , Ingrid Schwarzinger (ed.): The legal position of women. Orac, Vienna 1998, ISBN 3-7007-1307-X , pp. 299–308, here p. 306.
  5. Marianne grave Rucker: Uncle Sam has no native language. Fischer, Frankfurt / M. 1993, ISBN 3-596-11677-5 , p. 116.
  6. ^ Federal Minister of Justice : Handbuch der Rechtsformlichkeit. 1st edition. Bonn June 10, 1991, p. 35: Section masculine and feminine personal names , paragraphs 40–44 ( PDF: 5.2 MB, 134 double pages on legistik.de ).
  7. ^ Federal Ministry of Justice (ed.): Handbuch der Rechtsformlichkeit. 3rd, revised edition. Bonn 2008, §§ 110–123 ( online at hdr.bmj.de; PDF: 930 kB, 298 pages at bmjv.de ).
  8. ^ Lower Saxony municipal code (NGO). Version of August 22, 1996, amended by the law of April 22, 2005, § 5a paragraph 7 [p. 3] ( PDF: 316 kB, 64 pages on uni-osnabrueck.de ( Memento from February 15, 2006 in the Internet Archive )).
  9. ^ Women: Grammatical Phallus . In: Der Spiegel . No. 7 , 1989 ( online - Feb. 13, 1989 ). Teaser: “German laws are written in men's language. Will there soon be incumbents, seawomen and builders? "
  10. ^ German Bundestag, 12th electoral period : Masculine and feminine personal names in legal language. Report of the legal language working group of January 17, 1990. In: Bundestag printed matter 12/1041. Bonn 1991, p. 4 ( PDF: 1.2 MB, 40 pages on bundestag.de).
  11. ^ German Bundestag, 12th electoral period : Masculine and feminine personal names in legal language. Report of the legal language working group of January 17, 1990. In: Bundestag printed matter 12/1041. Bonn 1991, p. 9 ( PDF: 1.2 MB, 40 pages on bundestag.de).
  12. ^ German Bundestag, 12th electoral period : Masculine and feminine personal names in legal language. Report of the legal language working group of January 17, 1990. In: Bundestag printed matter 12/1041. Bonn 1991, p. 31 ( PDF: 1.2 MB, 40 pages on bundestag.de).
  13. Federal Office of Administration , BBB-Merkblatt M 19: Linguistic equal treatment of women and men: Notes, possible applications and examples 2nd edition. Cologne 2002, p. 5 ( PDF: 208 kB, 30 pages on bva.bund.de).
  14. Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ): Checklist Gender Mainstreaming in Press and Public Relations Measures Berlin 2005, p. 7 ( PDF: 177 kB, 11 pages on bmfsfj.de ).
  15. Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ): First experience report of the Federal Government on the Federal Equal Opportunities Act. Printed matter 16/3776. Berlin December 7, 2006, Section 5.7: Gender Equitable Language [p. 76] (reporting period July 1, 2001 to June 30, 2004; PDF: 2.2 MB, 170 pages at bmfsfj.de ).
  16. Joint Rules of Procedure of the Federal Ministries (GGO): full text. As of September 1, 2011.
  17. ^ Ministry of the Interior of Baden-Württemberg : Announcement by the Ministry of the Interior on the enactment of regulations of March 10, 1988. In: Common Official Gazette of the State of Baden-Württemberg. Stuttgart April 22, 1988, p. 390, point 2.1.6.5 on linguistic equal treatment ( online behind a paywall ).
  18. Ministry of the Interior of Baden-Württemberg: Announcement of the Ministry of the Interior on the change in regulations from August 7, 1993. In: Common Official Journal of the State of Baden-Württemberg. No. 14, Stuttgart 1993, pp. 864-865 ( online behind a paywall).
  19. Ministry of Labor and Social Affairs Baden-Württemberg (ed.): Leaflet for practical support in the application of the binding requirements in number 1.6.5 of the regulation guidelines (Appendix 2 to the regulation arrangement - VAO) on the use of gender-equitable legal and official language. Stuttgart, October 13, 2009 ( PDF: 213 kB, 2 pages on Sozialministerium.baden-wuerttemberg.de).
  20. Bavarian State Government : Change of the organizational guidelines. Announcement of the Bavarian State Government of January 21, 1992. In: General Ministerialblatt Bayern. Munich 1992.
  21. Bavarian State Chancellery : Guidelines for the performance and organization of public tasks and for legislation in the Free State of Bavaria. November 6, 2001, 2.5.4: Linguistic equal treatment.
  22. ^ Bavarian State Ministry of the Interior : friendly, correct and clear - language in the administration that is close to the citizen. New edition. Munich November 2008, pp. 41–53: Women and Men , here p. 53 ( PDF: 432 kB, 39 double pages on uni-wuerzburg.de).
  23. Senate Department for the Interior : Circular on the equal treatment of women and men in the language used by the Berlin administration. In: Official Journal of the Senate of Berlin. Part 1, April 1, 1987, pp. 63 and 81.
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  33. ^ German Bundestag, 12th electoral period : Masculine and feminine personal names in legal language. Report of the legal language working group of January 17, 1990. In: Bundestag printed matter 12/1041. Bonn 1991, p. 5 ( PDF: 1.2 MB, 40 pages on bundestag.de).
  34. Hessian Ministry of Justice : Guidelines for equal treatment of women and men in the legal language . February 12, 1992. In: State Gazette for the State of Hesse. No. 9, March 2, 1992, p. 538 ( PDF: 60 kB, 1 page on uni-marburg.de).
  35. ^ A b Hessian Ministry for Social Affairs and Integration : The Hessian Equal Rights Act (HGIG) - The complete law with commentary. Wiesbaden, March 2016, p. 5 ( PDF: 5.8 MB, 49 pages on Gleichstellungsministerkonferenz.de).
  36. Parliamentary State Secretary for Women and Equality of the State of Mecklenburg-Western Pomerania (Ed.): Guide for the linguistic equal treatment of women and men in the official and legal language. Schwerin, December 2009, p. 3 ( PDF: 204 kB, 11 pages on regierung-mv.de).
  37. ^ State government of Mecklenburg-Western Pomerania : Law on equality between women and men in the public service of the State of Mecklenburg-Western Pomerania (Equal Opportunities Act - GlG MV) of July 11, 2016
  38. ^ A b Lower Saxony Ministry for Social Affairs, Women, Family, Health and Integration : The Lower Saxony Equal Rights Act (NGG) of December 9, 2010 - working aid for practice. Hanover June 6, 2011, pp. 43–44: Decision of the state ministry on principles for equal treatment of women and men in the legal language of July 9, 1991 ( PDF: 486 kB, 48 pages on niedersachsen.de).
  39. ^ State government of North Rhine-Westphalia , Ministry for Equality between Women and Men (ed.): Women in legal and official language: A guide for gender-equitable formulations. Düsseldorf 1990.
  40. Legal text: Equality of women and men in the legal and official language according to RdErl. D. Ministry of Justice (1030 - II A. 325), d. Prime ministers and all state ministries from March 24, 1993. ( Annex to RdErl. From March 24, 1993 [.htm file]).
  41. ^ Text of the law: Law on equality between women and men for the State of North Rhine-Westphalia (State Equality Act - LGG). November 9, 1999 (as of January 23, 2018), Section 1 LGG - legal objectives and general principles; § 4 LGG - language.
  42. ^ Ministry of Justice of the State of North Rhine-Westphalia : Equality between women and men in legal language: Notes, possible applications and examples. Düsseldorf, April 2008 ( PDF: 523 kB, 19 pages onrecht.nrw.de).
  43. Inter-ministerial working group "Gender Equitable Language" of the State of Rhineland-Palatinate (Ed.): Proposals and suggestions for a gender-equitable official and legal language. Mainz 1993.
  44. Legal text: Gender-sensitive official and legal language. Administrative regulation of the Ministry of Culture, Youth, Family and Women , the Ministry of the Interior and Sport and the Ministry of Justice , Mainz July 5, 1995, valid from October 6, 1995 (MKJFF - AZ 942-5540-9 / 95; legal text on landesrecht.rlp.de ).
  45. Ministry of Culture, Youth, Family and Women : Handout “Gender Equitable Language” Mainz, April 2019, p. 3 ff. ( PDF: 425 kB, 8 pages on mffjiv.rlp.de).
  46. ^ Saarland state government : Decree of the government of the Saarland on the equal treatment of women and men in official announcements of May 20, 1986. In: Joint Ministerialblatt Saar. 1986, p. 338 - quoted in: Sabine Drechsler, Hildegard Schaub: Official language: On the equal treatment of women and men in the official language. Published by the Ministry of Women, Labor, Health and Social Affairs. 3. Edition. Saarbrücken July 1992, p. 5 ( PDF: 6.7 MB, 22 scans on htwsaar.de).
  47. Sabine Drechsler, Hildegard Schaub: Official language: For equal treatment of women and men in the official language. Published by the Ministry of Women, Labor, Health and Social Affairs. 3. Edition. Saarbrücken July 1992, p. 3 (first edition 1990; PDF: 6.7 MB, 22 scans on htwsaar.de).
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  89. Mykol C. Hamilton, Barbara Hunter, Shannon Stuart-Smith: Jury Instructions Worded in the Masculine Generic: Can a Woman Who Claim Self-Defense When "Hey" is Threatened? In: Camille Roman, Suzanne Juhasz, Cristanne Miller (Eds.): The Women and Language Debate: A Sourcebook. Rutgers University Press, New Brunswick NJ 1994, ISBN 0-585-03362-5 , pp. 340-348 (English; the study originally appeared in 1992; page previews in Google book search).