What feminism has got to do with 70 years of German Grundgesetz (constitution)

mrmog

Today is the seventieth birthday of the German constitutional treaty (our “Grundgesetz”).

What feminism has got to do with 70 years of German Grundgesetz (constitution)

Its very humanitarian nature based on the axiomatic inviolableness of human dignity is a wonderful thing to try obliterate the horrific Nazi regime and World War II.

But some great events come from seemingly little causes. In 1949, it was not easy for a woman to be heard. The German constitution was framed by 61 men and 4 women. One of the women was Elisabeth Selbert. In 1949, the German Civil Code stated that German wifes had the legal duty to follow their husbands. Her husband had to allow her to have a job or bank account, and decided on many other things.


At first, article 3 of Grundgesetz was supposed to be “Männer und Frauen haben die gleichen staatsbürgerlichen Rechte und Pflichten” - “Men and women have the same civil rights and duties”. “Civil rights and duties” could be anything. That would have been compatible with the German Civil Code that practically made wifes her husband’s slaves.


The most important things in Grundgesetz are written in the most simple way. They don’t describe, don’t explain. They just use the word “is”. Article 1, paragraph 1: “Human dignity is inviolable”. End of story. No constraints on what dignity is, who has it, and what you have to do to not lose it.


With the help of female right organizations and other mothers and fathers of German Grundgesetz, Elisabeth Selbert managed to establish the same thing for emancipation. Article 3 now reads: “Männer und Frauen sind gleichberechtigt” - “Men and women are equal.” End of story. No ifs, no buts.

What feminism has got to do with 70 years of German Grundgesetz (constitution)

The first government of Federal Republic of Germany failed to adjust the now unconstitutional laws in time, but the change order was there. The most important laws to actually realize equality of men and women were issued in 1958 and 1977. And many, many laws were issued in between and after that, until today.


That would have never happened if there has not been a woman who dared to suggest something wonderful that most other derided first. But there also were people - important, powerful people, men and women - who heard her. Who felt like her. Change is possible.


The world can be a peaceful and wonderful place. Germany, just as any other country, is far from being perfect. But when I think of our Grundgesetz, it bolsters me up.

What feminism has got to do with 70 years of German Grundgesetz (constitution)
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