The legislative chants for the women’s quota and criminal law on the tooth
According to statements of leaders and politicians, Germany experienced some in recent years "Historical moments" and "Milestones" equal rights. In the case of a closer consideration, this view seems questionable. In particular, the sexual depreciation reform could, so far hardly considered, to draw unwanted consequences. Instead of starting sexual self-determination then the criminalization of sexual intercourse threatens. Minimum sentence: two years.
What was blob worn, whenever more often after the strong state is called to correctly intervene in the ratio between women and manners? Actions like the "EQUAL PAY DAY" Against unequal income or "Slut Walks" against one "Culture of rape" – So Wikipedia – make differences between the sexes clear.
In fact, people may seem to their relationships with not fair and fairly rules and instead need to intervene institutions such as legislators, police and prosecutors, indeed indicates poisoned relationships. Or is the new one "Fight of the sexes" Perhaps especially a media phanomen who represent only a small part of the people? Or even clarity by parties, whom members run away?
Female quota: politics praises himself
In your speech for the importation of the women’s quota for leadership positions from 6. Marz 2015, Female Minister Manuela Schwesig said about one "Historical step for equal rights of women" and reminded at the fight of the women’s movement for active and passive suffrage. The legislative initiative was accompanied by the media.
According to the law, all companies that are fully fully coordinated and, secondly, are borsen noted in Germany, to take into account a women’s quota of 30% in the re-establishment of Supervisory Board posts; Otherwise, the post remains unoccupied. The throws first the question of how many companies are concerned at all. The association Fidar (women in the supervisory rate) lists about one hundred of A like Adidas AG to W like Wustenrot Wurttembergische AG.
It’s about a few hundred career women
Thus, as a next, the question arises how many women will benefit from the law. Fidar has been publishing the Women-On Board Index since its adoption, which measures the distribution of supervisory board items between the sexes. As a result, at the 11. June 2015 337 or 23% of the total of 1.475 Fuhrungsposten on women.
On average, 106 additional women in the supervisory rates are necessary to achieve the prescribed 30%. Since the companies are currently reaching different odds, the number in practice will be a bit high: today 24 companies are exploring the guideline, caught by Henkel AG with 44%. Lights like the Fresenius SE or the Porsche Automobile Holding Se have not a single woman sitting on the board. You will probably only be appointed new supervisory board in the coming years.
But not so "historical"?
This makes it clear that the "historical moment", of which the women’s minister spoke, only a number of women in the lower three-digit area directly concerns. To do this, the flexible quotas that must give smaller companies themselves according to the law, as well as corresponding attaching for the public service. These smaller companies can easily undermine the law by setting the target quota simply to the default state.
How historical this change is to judge mogene readers themselves. It remains open to what extent the over 40 million other women living in Germany will benefit indirectly by more feminine lodging staff – and what it means for manner. Already it was when the companies were now family-friendly.
The system is not touched
However, since the law is not the competitive-based and profit-oriented economic order, however, the companies will continue to achieve the same profitability. The consequence could be that the gender of some Supervisory Board was as good as nothing but nothing (who uses the female quota?To).
If one believes the Minister of women, but will finally bring in a third of the companies concerned finally the reason: in 33 supervisory rates, less than three women sit namely. Like Schwesig in her speech of 6. February 2015 in front of the Federal Council of her colleagues from politics generated, must name in committees "at least three women on board" to be so that "the manner occasionally risers than usual [behave]". Put in it, a politician was claimed to say women were only in the presence of three manners – and only occasionally.
Productive Comrade Tandem
The contribution to the equal rights of women and manners through the new law is thus relativized. It was driven by Minister Schwesig together with her SPD colleague Heiko Maas, the Federal Minister of Justice. Maybe in the analysis of the youngest change of sexual penalty, where this tandem involved again, another picture?
As is known, the legislative initiative was known for the events of the Kolner Silvestern night a special momentum (who is actually the typical victim here?To). In addition, the case of the Model Gina-Lisa Lohfink, who claimed, raped in 2012 by two manners and has been filmed. This also played a role in the composition of sexual criminal law (see about time online and the daily mirror).
Rare unanimity in the Bundestag
Finally, it came on the 7. July 2016 on the vote in the German Bundestag. The result was – a rarity – unanimously: all 599 deputies present voted for the compensation. However, it was not said goodbye to the law 18/8210, which prepares by the Federal Government and already on the 28. April 2016 at first reading was advised by the Bundestag.
This had a comprehensive overworked §179 "Sexual abuse under exploitation of special circumstances" recorded in the Criminal Code. Among other things, it was about deeds in which a victim due to "the surprising commission of the act for resistance inappropriate" is. The design revealed to the Istanbul Convention for Tipping and Combating Violence Against Women. According to the draft bill, it had been concluded with protection against German criminal law.
However, it came differently: Only on the day before the unanimous adoption, the members of the committee for law and consumer protection agreed with the Presidency of the Grunen politician Renate Kunast on an alternative. This deviates according to the press release of the Bundestag "significantly from the original government draft".
The legislative change in detail
Instead of the planned review of §179, the existing §177 was changed over sexual rehabilitation and rape. In the previous catch was punished with at least one year imprisonment, who has notified anyone through violence, threat with danger or taking advantage of a protective situation to sexual acts or their grounds.
Case associated with penetration into the body, so what is commonly language under a rape, were punished at least two years. In an emergency, according to the criminal judge and columnists Thomas Fischer goes to overwind the opposing will of another person.
New principle: "Recognizable will"
In the new catch of the Legal Affairs Committee, the concept of reimbursement is given in §177. Instead, sexual acts or their grounds are now "against the recognizable will of another person" fined.
This was only found by feminist activists, later from members of all parties under the principle "No is no" Understood. As a result, after my understanding, the question shifts from the existence of sexual emergency to the question of whether an average person had recognized that the mutual victim did not want sexual actions.
For real "No is no"?
That this is not the same as the slogan "No is no", If in this example, we introduce ourselves, person A asks person B – completely free and without any threat or danger – after a sexual action. B "no", But then turns out and takes exactly this action on or with A. Then, despite the neat, the reproach will hardly be maintained, person b was sexually abused or raped against their recognizable will.
Conversely, §177 asked in the old catch no no for criminal liability. Finally, it was about sexual emergency with violence, threat or taking advantage of a protective situation. Public prosecutors and courts will probably continue to judge the individual case, namely with regard to whether a will against the sexual action was recognizable. That nevertheless the slogan "No is no" Everyone was, speaking rather for a success of the campaign of women’s and victims.