Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW
| dc.contributor.advisor | Lutchman, Salona | |
| dc.contributor.author | Hagedorn, Katharina | |
| dc.date.accessioned | 2024-07-04T13:35:38Z | |
| dc.date.available | 2024-07-04T13:35:38Z | |
| dc.date.issued | 2024 | |
| dc.date.updated | 2024-07-03T13:32:45Z | |
| dc.description.abstract | CEDAW guarantees equal rights for men and women. Its member states are obliged to implement those rights through policies and legislation, to enact the overall goal of social and structural change. CEDAW and its Committee have not made clear whether that includes a right to equal representation of women in senior and leadership positions. According to the World Economic Forum's Global Gender Gap Report, Germany is one of the leading countries in providing women with equal rights. However, they trail behind other European countries in their efforts of achieving equal representation in senior and leadership positions. My research therefore consists of two main questions: does CEDAW include a right to equal leadership representation? If so, is Germany fulfilling that obligation? The answer to those questions will provide a base for further research in that area. The identified shortcomings will be helpful in holding Germany's government accountable for its obligations under CEDAW as well as revealing areas of improvement. This research takes a legal approach, rather than an economic or sociological approach and uses desktop and literature research. I considered the principles of equality and the specific provisions within CEDAW to conclude that it does contain a right to equal leadership representation. Equally, I studied the legislation in Germany regarding women's quotas for management positions in Germany's biggest companies (First and Second Management Positions Act). I conclude that the Leadership Positions Act, being classified as a temporary special measure under CEDAW, is currently sufficient to fulfil the obligation to equal leadership representation. However, there is a need for constant re-evaluation and I recommend increasing the women's quota included in the Act from 30 Per cent to 40 Per cent. | |
| dc.identifier.apacitation | Hagedorn, K. (2024). <i>Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/40261 | en_ZA |
| dc.identifier.chicagocitation | Hagedorn, Katharina. <i>"Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW."</i> ., ,Faculty of Law ,Department of Public Law, 2024. http://hdl.handle.net/11427/40261 | en_ZA |
| dc.identifier.citation | Hagedorn, K. 2024. Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/40261 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Hagedorn, Katharina AB - CEDAW guarantees equal rights for men and women. Its member states are obliged to implement those rights through policies and legislation, to enact the overall goal of social and structural change. CEDAW and its Committee have not made clear whether that includes a right to equal representation of women in senior and leadership positions. According to the World Economic Forum's Global Gender Gap Report, Germany is one of the leading countries in providing women with equal rights. However, they trail behind other European countries in their efforts of achieving equal representation in senior and leadership positions. My research therefore consists of two main questions: does CEDAW include a right to equal leadership representation? If so, is Germany fulfilling that obligation? The answer to those questions will provide a base for further research in that area. The identified shortcomings will be helpful in holding Germany's government accountable for its obligations under CEDAW as well as revealing areas of improvement. This research takes a legal approach, rather than an economic or sociological approach and uses desktop and literature research. I considered the principles of equality and the specific provisions within CEDAW to conclude that it does contain a right to equal leadership representation. Equally, I studied the legislation in Germany regarding women's quotas for management positions in Germany's biggest companies (First and Second Management Positions Act). I conclude that the Leadership Positions Act, being classified as a temporary special measure under CEDAW, is currently sufficient to fulfil the obligation to equal leadership representation. However, there is a need for constant re-evaluation and I recommend increasing the women's quota included in the Act from 30 Per cent to 40 Per cent. DA - 2024 DB - OpenUCT DP - University of Cape Town KW - Public Law LK - https://open.uct.ac.za PY - 2024 T1 - Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW TI - Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW UR - http://hdl.handle.net/11427/40261 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/40261 | |
| dc.identifier.vancouvercitation | Hagedorn K. Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW. []. ,Faculty of Law ,Department of Public Law, 2024 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/40261 | en_ZA |
| dc.language.rfc3066 | Eng | |
| dc.publisher.department | Department of Public Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Public Law | |
| dc.title | Breaking the Glass Ceiling: Germany and its obligation to equal leadership representation under CEDAW | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters |