Verfassungsrechtlicher Gleichberechtigungsauftrag und Verwaltung

Abstract

The constitutional mandate for gender equality (Art. 3 para. 2 GG) has a specific impact on the administration in terms of its organisational structure, personnel and actions, particularly where the legislator seeks to implement this within the administration. The promotion of equal rights for women and men in the administration should not only fulfil the constitutional requirements in this area, but the administration should also play a pioneering role and act as a role model for other areas.

Gender equality is a cross-sectional task. Therefore, a large number of actors within the federal structure and within the individual departments are responsible for the realisation of the constitutional mandate. The multiple responsibilities are not clearly delineated in all areas, but are characterised by overlaps and a coexistence of the various players, particularly within the departments. This leads to a need for elements that control communication and cooperation in the interests of achieving equality goals.

The fact that Art. 3 para. 2 GG refers to social reality and that equality measures are aimed at reducing de facto or structural inequalities means that data collection is of great importance at the administrative level, as it is required both for stocktaking and for analysing the achievement of objectives. The way in which the administration is managed necessarily also has an impact on the control levels. Softer forms of control dominate here than those of traditional legal, technical and official supervision and judicial control. In addition to the independent equal opportunities officers, who fulfil an accompanying controlling function, the focus is on reporting obligations and evaluations.