The Federal Constitution/Basic law (Grundgesetz)

The Basic Law was adopted on 23 May 1949. It guarantees certain fundamental rights as inviolable human rights that are binding on the legislature, executive, and judiciary. In particular, article 3 of the Basic Law stipulates the equality of all human beings before the law.

Article 3 (2), introduced in 1994, provides the constitutional mandate for the German government to promote equal employment opportunities, institutionally and qualitatively, at all levels of its administrative, judicial, legislative and social structure:

Men and women shall have equal rights. The State shall promote the implementation of de facto equal rights for woman and man and shall work towards the removal of existing disadvantages

Article 3 (2) prohibits discriminatory treatment on the account of sex.

Article 6 (4) guarantees every mother protection and care from the community under the framework of special protection accorded to marriage and family by the State.

The Federal Republic of Germany is composed of 16 Länder, each with their own constitution and a degree of autonomy in regulating their region. Article 28 demands that these constitutions be harmonised with that of the state (Homogenitätsprinzip) so that they do not contradict the basic minimum standards set forth by the Federal Law, including the above provisions on equality between women and men.