What impact does the Self-Determination Act have on our programs for women's equal opportunity?

Gender equality has still not been achieved. Our programs aim to change that. They are designed for women—and for everyone who identifies as such. What does that mean in practice? And how do we plan to improve access for queer people, particularly trans* and non-binary individuals? A discussion paper by EAF Berlin

The Women's Movement: An Unfinished Success Story?

Half of the sky—no more and no less—is what the women's movement has been demanding since its inception in the 19th century.

And it has achieved a great deal: the introduction of active and passive voting rights for women, comprehensive educational opportunities, constitutional equality, the development of extensive childcare facilities outside the home, the decriminalization of abortion, the establishment of shelters for women affected by violence, the reform of marriage and family law, the development of women's and gender studies, and the institutional anchoring of women's and equal opportunity officers: these are just a few examples from the moving and diverse history of the women's movement.

And yet, equality between women and men remains unfinished. In no German parliament—whether at the federal, state, or local level—has there ever been a gender-balanced distribution. Last year, the Council of Europe reprimanded the German government for failing to adequately implement the Istanbul Convention, which was ratified in 2018, on preventing and combating violence against women and domestic violence: the structures for women and girls affected by violence are insufficient. Women remain glaringly underrepresented in corporate leadership positions. The gender pay gap has remained constant for decades, fluctuating by only 1–2 percentage points in either direction, and currently stands at 18 percent. While overall female labor force participation has reached a record high, 66% of mothers and 35% of women without children work part-time, so that their retirement security is not guaranteed. Our tax law is also outdated and favors traditional male-breadwinner models. All of this has been known for years, yet very little is happening.

Programs and protection concepts for women are a key component

The lesson to be learned from this is that changing power dynamics within democratic processes is a lengthy endeavor. Feminists often lack the resources for effective lobbying: both monetary resources and allies in relevant positions. Even today, gender stereotypes remain deeply ingrained in many minds, leading to (often internalized) sexism, hindering equality, and fostering violence.

This is why programs explicitly aimed at women remain a vital component in translating the right to equality enshrined in Article 3, Paragraph 2 of the Basic Law into reality: "Men and women have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate existing disadvantages."

Two genders are not enough

However, since the adoption of the Basic Law nearly 74 years ago, our ideas and knowledge about gender have changed. There are several arguments against the concept of a gender binary of women and men, among whom this "sky" is to be divided equally: there have always been people who did not conform to the rigid binary norm on both a physical and cultural level: inter* persons, people with physical variations in sex development, and trans* persons—people who do not identify with the gender assigned to them at birth—as well as non-binary people who do not fit into binary gender categories.

It is not only cis women—cis is the counterpart to trans* and refers to people whose gender identity matches the sex assigned at birth—who are exposed to discrimination. People who do not fit into the binary cultural norm experience numerous forms of structural discrimination, including massive violence and exclusion in medicine and psychotherapy, within relationships and families, in public spaces, and in the workplace.

A few examples: inter* children are not infrequently subjected to sex-normalizing surgeries, depriving them of the opportunity to determine their own gender identity—with serious psychological consequences. It was not until 2017 that inter* persons were given the option to register their gender as "diverse" in the civil registry without having to undergo sex-assigning surgical procedures.

The state only recognized the existence of trans* persons with the introduction of the Transsexuals Act (TSG) in 1981. However, the ability to change one's gender entry in the civil registry has been and remains fraught with major hurdles. Among other things, this included forced sterilization until 2011! Currently, trans* persons must still go through a complex process and, among other things, have their trans* identity officially assessed by two expert reports. Trans* and non-binary people also face massive discrimination in the workplace: unemployment rates are very high!

The rigid requirements for trans* persons in the Transsexuals Act have proven to be a gateway for discrimination. For at least 20 years, the Federal Constitutional Court has repeatedly declared individual parts of the TSG unconstitutional because they violated the rights and dignity of transgender people. The hurdles for changing one's gender entry remain enormous and, in practice, have sometimes led to forced outing and violence, partly because many trans* persons' lived gender identity does not match their official ID. Wherever they are required to show their ID, they expose themselves to the risk of hostility and exclusion.

Self-Determination Act aims to strengthen the rights of trans* persons

The coalition government has therefore decided—as 12 other countries have already done—to end the legally enshrined discrimination against trans* individuals. A self-determination law is intended to strengthen the rights of trans* people and allow them to change their gender entry without the need for an expert assessment. Major institutionalized women's organizations support this, including the German Women's Council, which represents 60 women's organizations, the German Women Lawyers Association, the Federal Association of Women's Counseling Centers and Rape Crisis Centers and the Women's Shelter Coordination Association, the Pro Familia Federal Association or the Association of Protestant Women in Germany, which represents 40 Protestant women's organizations. The Istanbul Convention also explicitly includes trans* women.

Public discourse pits cis women against trans* individuals

Despite this support from feminist and women's rights organizations, the public debate sometimes creates the impression that the self-determination law poses a massive threat to women's rights in Germany. A small group of women's rights activists has launched a populist campaign. Their argument: the achievements of the women's movement are at stake, e.g., a right to "data collection on gender-specific differences" or a right to "educational programs for women in the absence of men." The argument is based on claims that cis men would pose as trans* women to commit crimes against cis women or to benefit from gender quotas. Fears are being stoked or spectacular individual cases are cited as evidenceSometimes the impression is given that even Article 3 (2) of the Basic Law is being undermined by the Self-Determination Act, which is simply false.

Our programs are open to all women

The EAF Berlin is committed to gender parity in parliaments and the advancement of women in politics, particularly at the local level. We conduct studies that shed light on the situation of women in politics and act as the project lead for initiatives such as the Aktionsprogramm Kommune and the Helene Weber-Kolleg.

What impact does the Self-Determination Act have on our work?

First of all: none. Because it is clear: anyone who identifies as a woman is a woman. Discrimination against trans* people must end. We want to contribute to this through our work, which means critically examining our practices, continuing to learn, and becoming more inclusive.

The programs offered by the EAF Berlin are open to all women, including trans* women. Participation in our programs has always been based solely on self-identification regarding gender. Candidates for our programs are selected based on criteria such as commitment and potential, not on the gender marker in their ID card. In our anonymized surveys on the situation of "women in politics," there have always been four options to indicate gender identity (female/male/non-binary/prefer not to say). We are working on expanding these options.

In qualitative surveys we have already been incorporating diverse perspectives from women over the past few years wherever possible, such as women with a migration background or trans* women. This will not change due to the Self-Determination Act.

For the reasons mentioned above, we cannot understand the fears that it will no longer be possible to collect data on the situation of women in politics or to run programs for this target group in the future. Women's quotas will also not be abolished or undermined.

One way in which quotas can account for more than two genders was demonstrated, for example, by the parity laws in Thuringia and Brandenburg, which included provisions for inter* individuals with the gender entry "diverse."

And if there were indeed abusive behavior by men posing as trans* women, there are ways to prevent this, as recently shown by the Federal Arbitration Court of Alliance 90/The Greens: In that case, a man had tried to gain access to a women's quota spot in a local district association by claiming to be a woman. Women's quotas have been anchored in the women's statute of Alliance 90/The Greens since 1981. The term "woman" here already encompasses everyone who defines themselves as such. The district association did not allow the candidacy, noting that the individual was a known critic of women's rights within the Green party. The Green party's Federal Arbitration Court ruled in favor of the district association, stating that self-identification as a woman must be "unambiguous, non-selective, and not merely temporary." It is not enough for someone to want to be a woman only in certain contexts or at certain times, while otherwise identifying as a man.

… but are being reviewed for accessibility

Regardless of the debates surrounding the Self-Determination Act, we see a need to examine our programs and studies to see how well they reflect the reality of women in all their diversity and how accessible they are to women facing multiple forms of discrimination. We are analyzing how they can be expanded to meet the needs of all women. This includes, but is not limited to, trans* women. We have already taken initial steps here, for example, with the Mentoring Program Diversity, which is explicitly aimed at women with a migration background.

To clarify our outreach to trans* women, we have now explicitly added the following note to our call for applications for the Helene Weber Prize—which honors local politicians for outstanding commitment and achievements, as nominated by members of the Bundestag: "The 2024 Helene Weber Prize is therefore open to all individuals who identify as women and feel addressed by the focus of the prize."

Our goal has always been to reach and include all women in our work. We are currently reviewing where we have not yet achieved this goal. We also do not want to shy away from the question of how we can better include non-binary people, as well as trans* men and feminist men. In doing so, we recognize the need to gather experience and knowledge, for example through pilot projects, collaborations, and surveys specifically targeting these groups. At the same time, we appeal to policymakers and administration to enable the funding of such programs and to support corresponding initiatives.

The path to a future in which all people, in all their gender diversity, truly have access to a "heaven" is still long—and also a question of resources. Shaping this "heaven" differently does not mean giving it up, or abandoning the right to it, but merely adapting our vision of heaven to the realities on earth.

Authors

Dr. Helga Lukoschat is a Senior Advisor at EAF Berlin and one of its co-founders. Kathrin Mahler Walther is the Executive Chair. Tina Weber is a member of the EAF Berlin executive board. Stefanie Lohaus is a member of the executive board and project lead for the "Together Against Sexism" initiative.