What is a gender neutral process

State law online

Standard giver:Ministry of Justice
Ministry of the Interior and Sport
Ministry of Culture, Youth, Family and Women
File number:1030 - 2 - 1, MKJFF-AZ 942-53 40-9 / 95-
Adoption date:05.07.1995
Version from:05.07.1995
Valid from:06.10.1995
Date of Expiry:31.12.2024
Source:
Outline number:10, 20101
References:GAmtsbl. 1995, 459, JBl. 1995, 137, MinBl. 1995, 315, GAmtsbl. 2004, 439, MinBl. 2009, 290 ... more
Gender-sensitive official and legal language

Unofficial table of contents

20101



Gender equitable
Official and legal language



Administrative regulation
the Ministry of Culture, Youth, Family and Women,
of the Ministry of the Interior and Sport
and the Ministry of Justice
dated July 5, 1995 (MKJFF - AZ 942-53 40-9 / 95 -)1)





Reference: GAmtsbl. 1995, p. 459; JBl. 1995, p. 137; MinBl. 1995, p. 315





1
The official language and the legal language must be gender-sensitive. Their gender-equitable design helps to realize the principle of equal treatment of women and men.
In accordance with the resolution of the Rhineland-Palatinate state parliament of February 16, 1995 (on printed matter 12/6106), the following principles must be observed:
1.1
The official language must be gender-sensitive; it must make the individual equal treatment of women and men visible.
1.2
Equal rights for women and men must also be adequately taken into account in legal language. For this purpose, all forms that enable linguistic equality between women and men are to be used.
1.3
The following principles must therefore be observed when enacting new laws and extensive amendments to existing laws:
1.3.1
Linguistic equality is primarily to be ensured through gender-neutral designations, formulations and sentence structures. They take account of both the principle of equal treatment of women and men and the requirement of legal clarity in a balanced manner. Before resorting to other forms of linguistic equality, all possibilities of a gender-neutral formulation must therefore be exhausted.
1.3.2
If gender-neutral formulations are not available to designate natural persons, paired formulas should be used if this is possible. However, an accumulation of pair formulas in the same sentence should be avoided here. Pair formulations are excluded if
A uniform and consistent use of pair formulas is not possible within a law as a whole,
a certain personal designation is prescribed by higher-ranking law or
Female personal names are missing (guardian, ward, guest, etc.).
1.3.3
Only if gender-neutral formulations or paired formulas cannot be used, the previous generalizing masculine terms may be retained. Terms in which gender is only of subordinate importance in the specific regulatory context due to their distance from people, functionality or abstractness (e.g. organizer, producer) can be used in the conventional generalizing masculine form. This also applies to compound words (e.g. medical association, consumer advice).
1.4
Amendment laws that do not represent a comprehensive amendment must be drafted in the linguistic form of the law to be amended.
1.5
Linguistic short forms such as slashes, hyphen or brackets and the capital I are excluded, since such solutions always seriously impair legibility and comprehensibility.


2
The official language is the language in which the administrations write their internal and external written statements. With gender-related forms of salutation and individual personal designations, it should comply with general personal rights and the principle of equal treatment. Legibility and comprehensibility must not be impaired. Linguistic new creations are to be avoided in any case.
The following measures apply in detail:


2.1
2.1.1
In principle, paired formulas are used unless gender-neutral forms (e.g. member, teacher) are to be preferred. The pair formulas are connected by "and" or "or", with the feminine in front of the masculine (e.g. students).
2.1.2
Verbal short forms such as slashes, hyphen or brackets and the capital I are excluded, since such solutions always impair legibility and comprehensibility (e.g. participant, applicant, who [the] applicant [ in], participant).
2.1.3
If feminine personal names are missing, the masculine names remain (e.g. guest).
2.1.4
Terms in which gender is only of subordinate importance in the specific regulatory context due to their distance from people, functionality or abstractness (e.g. organizer, producer) can be used in the conventional generalizing masculine form. This also applies to compound words (e.g. medical association, consumer advice).
2.1.5
Personal designations can be carried out by
gender-neutral function designations (e.g. "Referat" instead of "Referentin"),
the use of verbs and relative clauses (e.g. instead of "the representative" better "who represents"),
Plural forms of substantiated adjectives, participles and gerundive constructions (e.g. the employed, the examiners, the examined, the employees, the delegates, the trainees)
2.1.6
Salutations in official correspondence should address women and men individually. Titles, professional and official designations are to be used in the feminine and masculine form. The feminine form is placed before the masculine form.
2.1.7
Under the greeting and closing formula, the first and last name of the person signing must be written out in full in brackets.


2.2
2.2.1
Forms and tables must also meet the requirements of gender-sensitive language.
2.2.2
Notwithstanding number 2.1.2, slash solutions can be used (e.g. applicant).


2.3
Other areas of the official language
For the other areas of the official language (e.g. notices, decisions, documents, circulars, reports, communications, publications), the provisions of numbers 2.1 and 2.2 apply accordingly.


3
Legal language is the language in which laws, ordinances, statutes and administrative provisions are drawn up. It is shaped by the task of making abstract and general regulations. The requirement of equal treatment of women and men is to be observed in the legal language as well as the requirement of legal clarity and legibility. Gender-appropriate language must be used for all new regulations and comprehensive amendments, which addresses both genders equally and excludes discrimination.
The following conditions apply in detail:


3.1
Gender-neutral forms of language
In principle, gender-neutral designations, formulations and sentence structures should be used, as they are in a balanced manner in accordance with both the principle of equal treatment of women and men and the requirement of legal clarity. These gender-neutral forms of language have priority over other forms of linguistic equality. Only when all gender-neutral options have been exhausted can other forms of language be used.


3.1.1
Gender-neutral terms
3.1.1.1
In many cases, both genders can be identified equally using gender-neutral personal names (e.g. teacher, chairing member, confidant).
Designations with the added word "person" (e.g. examining person) should only be used as a last resort.
The plural forms of substantiated adjectives, participles and gerundive constructions are often an appropriate solution (e.g. employed persons, examiners, examined persons, members of parliament, employees, trainees).
Instead of personal designations, gender-neutral functional designations (e.g. "Ministry" instead of "Minister", "District Government" instead of "District President") are to be used.
3.1.1.2
It is important to ensure that personal names
are used consistently throughout the regulation,
are not introduced independently in regulations that depend on higher-ranking regulations (e.g. implementing laws and ordinances) and
are not changed in their meaning (wrong examples: "school management and permanent representation" instead of "school principal and permanent representative").
3.1.2
Gender-neutral formulations
The use of verbs and relative clauses offers good solutions

Gender neutral

So far

Who represents
Who makes an application
To the aptitude test
is allowed
who ...

The representative
the applicant
To the aptitude test
become applicants
approved, the ...



3.1.3
Gender-neutral sentence designs
New sentence structures and the use of passive forms often result in good and also shorter solutions.

Gender neutral

So far

Those who have been admitted to the aptitude test can watch the practical sports test.

Applicants who are admitted to the aptitude test can be present as spectators at the practical sports test.

The practical sport test should demonstrate that ...

In the practical sport test, the candidate should demonstrate ...



3.2
These address both sexes in the same way and expressly. They therefore correspond most closely to the principle of equal linguistic treatment of women and men. According to the balanced gender-neutral language forms to be used in the first place, they are fundamentally preferable to the conventional generalizing masculine language forms. The pair formulas are connected by "and" or "or", with the feminine in front of the masculine designation (e.g. students).
3.2.1
If gender-neutral solutions cannot be found, pair formulas must always be used, provided that the intelligibility and legibility of the provisions are not significantly impaired and they can be used consistently and consistently in a provision without such obstacles arising in individual provisions.
3.2.1.1
The use of pair formulas is ruled out if they are too
Accumulations of pair formulas (more than two) in a sentence or
Linking pair formulas with other pair formulas, with pronouns or relative clauses
3.2.1.2
Paired formulas are to be used in particular when specifying titles, professional and official titles, when listing titles in forms and tables (insofar, slashes can also be used) and in the details of the budget.
3.2.2
Pair formulas may only be used in amendment regulations and in regulations dependent on higher-ranking regulations if it is ensured for the regulation in the amended version that the pair formulas are used uniformly and consistently, and in the case of lower-ranking regulations, the introduction of pair formulas is to be agreed with higher-ranking regulations and cannot lead to problems of interpretation.


3.3
Generalizing masculine terms
Only when gender-neutral language forms or paired formulas cannot be used, the previous generalizing masculine terms may be retained. Designations in which gender is only of subordinate importance in the specific regulatory context due to their remote functionality and abstractness (e.g. organizer, producer) can be used in the conventional, generalizing masculine form. This also applies to compound words (e.g. medical association, consumer advice).


3.4
Linguistic short forms such as slashes, hyphens or brackets must not be used, as they always impair legibility and comprehensibility considerably (exceptions: slashes in forms and tables).


3.5
No transfer to other bodies
The obligation to formulate regulations in accordance with gender must not be transferred to other bodies. Therefore, each body responsible for the creation of a regulation must ensure that it is gender-appropriate. The statutory authorization of a ministry to announce the new version of a law may not be extended to the gender-appropriate version.


4
It is recommended that local authorities and other bodies, institutions and foundations under public law that are subject to the supervision of the state act accordingly.


5
This administrative regulation comes into force on the day after its publication.