Edited by Susan M. Sterett and Lee D. Walker
Chapter 17: The gender and judging project: equity in Germany
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.
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