At the invitation of the College, Professor Reinhard Gaier, former judge of the German Federal Constitutional Court, gave a lecture on the German Federal Constitutional Court and the Realisation of Gender Equality to the students on Haidian Campus on the afternoon of 5 Sept.
Professor Gaier began by reviewing the pivotal role of the German Federal Constitutional Court in advancing gender equality. He highlighted the contribution of a female pioneer in shaping gender equality rights and explained the Court’s founding purpose: to review the constitutionality of laws and safeguard fundamental rights. He emphasised that any German citizen has the right to file a constitutional complaint, opening a crucial channel of constitutional protection for ordinary people.
Gaier explained that the Court comprises two panels: the First Senate, which handles fundamental rights cases, and the Second Senate, which focuses on state law. He examined a landmark ruling of 1 April 1953, when the Court declared a provision in the old family law unconstitutional. Although Article 117 of the Basic Law had originally allowed a four-year transition period that delayed the implementation of gender equality, this ruling marked a breakthrough in establishing equal rights for men and women in Germany.
During the commentary session, Mr. Lars Brocker, President of the Constitutional Court of Rhineland-Palatinate, stressed that Chinese and German constitutional provisions on equality are conceptually similar. However, he noted that in Germany at the time, marriage stripped women of many rights, such as working or managing bank accounts without their husband’s permission. He credited pioneering female judges with making gender equality a reality and urged students to use their expertise to serve society. He also pointed out the need for legal creativity in resolving issues such as disputes over marital surnames.
Judge Barbet Pohl of the German Federal Supreme Court addressed the problem of indirect discrimination. She noted that even seemingly protective measures, such as prohibiting women from working night shifts, are now deemed unlawful in Germany. She shared current data showing that women account for nearly half of the Constitutional Court judges but only 40 per cent of the Supreme Court, with even fewer serving as presiding judges. She argued that laws and rulings alone cannot achieve equality; practical changes in family and social structures are equally crucial.
Professor Xie Libin, Associate Dean of the College, offered a Chinese perspective. He observed that gender antagonism has also emerged in Chinese society and stressed that extreme approaches to equality could be counterproductive. He called for rational and constructive efforts to advance equality.
In the Q&A session, students posed challenging questions. Judges agreed that gender cannot justify differential treatment, even if well-intentioned, such as restrictions on physically demanding jobs. On the issue of gender quotas, Gaier clarified that such measures apply only in specific fields and require that female candidates meet the same qualifications as male counterparts. When asked about the impact of increasing female judges in the Constitutional Court, speakers noted that diverse perspectives enhance judicial credibility and public trust.
Professor Li Shuzhong of CUPL’s School of Law concluded the lecture by underlining the importance of judicial independence in constitutional adjudication. He contrasted the Chinese and German systems, noting that in China, equality applies primarily in law enforcement and adjudication rather than legislation, where only the legislature can correct unreasonable distinctions.
The lecture, delivered in German with Chinese translation, offered a thought-provoking exploration of the paths towards gender equality and provided valuable insights from both German and Chinese legal contexts.
