Employees of state hospitals in Hamburg were granted the right in 1995 to continued employment in case of privatization of the hospitals. In 2000, the cleaning staff were spun out into a separate company which was a wholly-owned subsidiary of the state hospitals. Upon privatization in 2005, the right to continued employment was applied only to those employees employed by the state hospitals, not those employed by the wholly-owned subsidiary company. The Court held this to be in breach of the right to equal treatment enshrined in the German constitution as the cleaning staff denied the right to continued employment due to the spin-off were predominantly women and there was no evident justification for the unequal treatment of the two groups of employees.
Women and Justice: Keywords
The claimant sued her employer on the grounds of discrimination after a male colleague received a promotion to a management role she had hoped for. The Court decided for the claimant, accepting statistical evidence showing that, while the majority of employees of the employer (69%) were women, no women were represented on the three most senior management levels. This was the first decision of a court accepting such statistical evidence of discrimination.
The Court held that it was unconstitutional to require an attorney without earnings to continue to make compulsory pension contributions during time taken out to care for children (up to the age of three years). Requiring such compulsory pension contributions was viewed as in breach of the right to equal treatment enshrined in the German constitution because it disproportionately affects women who are in the vast majority of cases the ones taking time out to care for small children.
This paper explores some of the ways in which violence against women relates to the imprisonment of women. It focuses on the role of gender-based violence as a pathway to and consequence of women’s incarceration, as these connections have generally received less attention than violence against women as a prison condition. The paper also considers how these pathways and consequences implicate states’ international law responsibility to eliminate violence against women and offer suggestions for how states might more effectively realize that obligation.
This memorandum discusses the strategies courts employ around the world to treat child victims and witnesses and their evidence when giving testimony. International and regional human rights standards have highlighted good practices in the treatment of vulnerable young child witnesses, centering on the foundational principle of the best interests of the child. In turn, domestic courts and legislatures worldwide have created and employed a broad range of judicial approaches to the admissibility of child witness testimony; the reliability of child witness evidence, and the procedures that should be employed to facilitate child witness testimony.
This memorandum discusses the use of closed-circuit television (CCTV) in courtrooms for cases where there will be child testimony. The United Nations Office on Drugs and Crimes recommends that children be allowed to give testimony through CCTV or another mechanism in order to prevent the child witness from being traumatized. Unfortunately, given the funding requirements, few countries have the facilities to use CCTV. Yet, a number of countries have statutes allowing for alternative mechanisms to prevent child victims from seeing the defendant while giving testimony. Some laws providing for the use of CCTV have been challenged, but courts have upheld the laws in nearly every situation.
This memorandum provides a brief overview of the issue of gender based violence in Sub-Saharan Africa with relevant statistics.
On May 14th, The Avon Global Center and the University of Chicago Law School co-hosted a meeting of experts on the causes, conditions and consequences of women’s imprisonment globally. About 35 experts from the U.S., U.K., Russia, and Argentina participated in the meeting, including policy advocates, impact litigators, scholars, service providers, and senior department of corrections officials.
El 14 de mayo, el Avon Global Center y la Facultad de Derecho de la Universidad de Chicago organizaron conjuntamente una reunión de expertos sobre las causas, las condiciones y las consecuencias del encarcelamiento de mujeres en todo el mundo. Alrededor de 35 expertos de los EE. UU., EE. UU., Rusia y Argentina participaron en la reunión, incluidos defensores de políticas, litigantes de impacto, académicos, proveedores de servicios y funcionarios superiores del departamento de correcciones.