LFU:online

Recognizing the influence of justice and law on the different average life circumstances of men and women; knowledge of the relevant regulations, especially regarding gender equality and understanding the effect of legal gender equality policies; basics of gender mainstreaming and legal gender studies.

Gender law as part of general gender studies considers that gender is an attribute structuring the society and therefore also the legal system. Formally, men and women have enjoyed to a large extent the same legal status. Can and should the legal system contribute to establish material equal opportunities between men and women? Might a temporary legal unequal treatment be necessary? In practice, legal regulations are neither abstract nor gender neutral. The law, even if formally equal, that does not take the realities of life and the distribution of power into consideration, could cement or even strengthen inequality. Today, the life realities of women and men remain to be different and cultural, gender-specific attributions are still usual.
This lecture aims to provide an overview of the development, themes and methods of feminist law studies and legal gender studies. Furthermore, the legal regulations regarding equal treatment and gender equality – based on the relevant EU directives and the Austrian legal foundations - shall be examined in theory and in practice. These topics include the various grounds of discrimination, whereby gender equality shall be specifically focused on. Specific aspects regarding the Equal Treatment Act shall be analyzed on the grounds of case law and practical cases from the office for equal treatment. Finally, the processes of implementing legal regulations into the administration and civil society shall be examined.

The basics of specific areas of the Austrian legal system shall be presented by the lecturer and discussed together with the participants.

Regular attendence and written examination

Elisabeth Holzleithner, Recht Macht Geschlecht, Legal Gender Studies, WUV (2002); Elisabeth Greif/Eva Schobersberger, Einführung in die Feministische Rechtswissenschaft, Trauner Verlag (2007)