Equal Rights for Men and Women: Two Rulings of the German Federal Constitutional Court from the 1950s in Context

The Edinburgh Centre for Constitutional Law presents

Equal Rights for Men and Women: Two Rulings of the German Federal Constitutional Court from the 1950s in Context

Speaker: Zoë Luise Tappeiner, University of Münster, Germany and Visiting PhD Researcher, Edinburgh Law School

In the 1950s, the German family law was in many respects still based upon a patriarchal family model dating back to the 19th century. This contrasted with the newly introduced German Constitution from 1949 granting women equal rights in Article 3 (2). This discrepancy led to two basic rulings of the Federal Constitutional Court on gender equality in 1953 and 1959, strengthening women’s rights in marriage.

Looking into the procedural and the judges’ personal files as well as written correspondence within women’s right organizations, the internal decision-making process of the Court can be reconstructed. The files tell a story of the patriarchal fantasies of the German government in the 1950s but also one of women’s rights organizations and networks reaching all the way into the Constitutional Court.

What influence did the individual judges have on the proceedings? Did the only female judge of the court and rapporteur for the cases, Erna Scheffler, strategically plan the constitutional complaint with other women’s rights activists? Which issues were controversial within the Court? What influence did actors outside the Federal Constitutional Court have? What was the Court's image of women?

The answers to all these questions lie well protected in the basement of the German Federal Archives...

This event is in-person only and is open to all to attend. No prior registration is required.