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/Chairman: Item 14: Second and third consultative draft of a law on
equal rights for men and women in the area of civil law (Equal Rights
Act).
/Speaker: On May 3, 1957, the German Bundestag passed the
Equal Rights Act. The parliamentary debate is heated. Views can be heard
that are still widespread in the middle of the twentieth
century.
/Unidentified Member of Parliament: ...Namely, that the
man is there, after all, to earn and that the woman is there to provide
the domestic security that the man needs so that he can
earn.
/Speaker: The fact that equal rights for men and women were
established in Germany in the middle of the twentieth century is
primarily thanks to one woman: the lawyer Elisabeth Selbert. She was one
of only four women on the 65-member Parliamentary Council that drafted
the constitution of the young Federal Republic of Germany in 1949. And
she did everything in her power to ensure that a small but crucial
sentence was included: Men and women have equal rights.
/Selbert:
The Civil Code in its tendencies contradicts the dignity and reality of
a personality-conscious woman in a whole series of provisions. Do most
women even know how few rights they have?
/Speaker: No, they don't
know. Among other things, wives are not allowed to keep their own bank
account, work or have a say in the upbringing of their own children
without their husband's consent. And even in the event of a divorce, the
wife gets nothing. However, the introduction of the principle of equal
rights into the constitution has not yet achieved anything for women,
because in addition to the constitution, there are also simple laws,
most of which date back to the imperial era when the man was still the
undisputed head of the family. Therefore all those laws now violate the
new principle of equal rights and must be amended. The first Minister of
Justice of the FRG, Thomas Dehler, is responsible for this.
Unfortunately, the FDP man is not a friend of equal
rights.
/Dehler: I was not at all delighted by this provision. You
can't regulate life. I, for example, am a pronounced domestic
tyrant.
/Speaker: Dehler delayed the adaptation of the laws to the
new constitutional standard of equal rights - to the delight of the
churches, which were also up in arms against it. As a result, the
transitional period for adaptation, which ran until 1953, expired. As a
result, all laws not adapted to the new constitution cease to apply.
Individual judges' rulings therefore take the place of the law in the
administration of justice, which leads to a great deal of confusion.
Despite the now very obvious acute need for action, it will still take
another four years before Parliament finally passes an equal rights law
that regulates the implementation of the constitution's principle of
equal rights in ordinary laws.
/Chairman: Ladies and gentlemen, the
German Bundestag has thus completed one of its most important pieces of
legislation in the implementation of the Basic Law.
/Speaker: The
legal adjustments to the principle of equal rights dragged on for
decades. It was not until 1977, for example, that women were allowed to
take a job without their husband's consent. While women and men in
Germany now have equal rights under the law, the equality of women still
leaves a lot to be desired.