Two decisions by German courts dealing with discrimination on the basis of gender identity (Verfassungsblog)

Two decisions by German courts dealing with discrimination on the basis of gender identity (Verfassungsblog)

Two decisions by German courts dealing with discrimination on the basis of gender identity have attracted attention this week. The Federal Constitutional Court has declared inadmissible a constitutional complaint of a woman who fought against being addressed as Kunde (a male customer) in her bank’s printed forms. However, the court’s more recent case law indicates that the court does not in principle rule out the recognition of a claim to gender-adequate language and could decide in this sense in cases to come, writes ISABEL LISCHEWSKI.

LEONIE STEINL presents a decision of the Higher Regional Court of Cologne which found that hate speech against women can be a criminal act of incitement to hatred (Volksverhetzung). To take seriously gender-related dimensions of hate speech, particularly on the internet, has been long overdue and is an important signal in the criminal law debate regarding the topic, she says.

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