Schultz, Ulrike --- "The gender and judging project: equity in Germany" [2019] ELECD 2336; in Sterett, M. Susan; Walker, D. Lee (eds), "Research Handbook on Law and Courts" (Edward Elgar Publishing, 2019) 246

Book Title: Research Handbook on Law and Courts

Editor(s): Sterett, M. Susan; Walker, D. Lee

Publisher: Edward Elgar Publishing

Section: Chapter 17

Section Title: The gender and judging project: equity in Germany

Author(s): Schultz, Ulrike

Number of pages: 5

Abstract/Description:

In the past two decades in Europe, considerable efforts have been taken to promulgate diversity and set the legal basis for antidiscrimination measures. These rules are not always successfully translated into practice. In spite of the difference between judges in common law countries who are chosen from experienced practitioners and the career judges in civil law countries who start their positions in their late twenties, in both systems an individualisation of hiring and promotion may hinder equity. Diversity is also considered to be important for bringing the full range of views and experiences into the adjudication process, and is demanded for equity in representation on the bench. Do gender, age, sexual orientation and other diversity factors of judges influence the outcome of proceedings? And can gender and diversity training at the judiciary level outweigh deficits? Examples mainly from Germany illustrate these questions.