In the Federal Republic of Germany, equality of men and women is guaranteed by the Constitution as a basic right by Article 3 that provides that all persons are equal before the law and that no one can be disadvantaged or favoured because of his sex, parentage, race, language, homeland and origin, faith or religious or political opinions. Therefore, men and women should have equal rights and opportunities, and as a consequence the state should promote implementation of equal rights between men and women and take steps to eliminate existing disadvantages.

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The definition of the term "discrimination against women", as provided in Art. 1 of CEDAW, reflects the general background on which the German legal system and the specific regulations in the individual legal spheres are based. Legislators, the executive power and the judiciary are bound by this provision as by directly applicable law. Every woman and every man whose right is violated should have ensured the access to a court. Public law disputes, particularly those concerning discriminatory actions on the part of the administrative authorities, are handled by the administrative courts, or by the social security tribunals and fiscal courts sitting as specialised courts. The labour courts afford legal protection against unjustified unequal treatment in work place. Finally, a woman or man who has been affected by sex discrimination can also file a complaint of unconstitutionality to the Federal Constitutional Court, asserting that her or his basic right to enjoy equal rights has been violated by a law. However, special rules of procedure have to be observed in this context.

As regards definition of direct or indirect discrimination against women, relevant legal provisions, corresponding to European Community law, are included in section

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