Právněhistorické studie (Sep 2022)

Proměny právního postavení ženy v Rakousku ve 20. století

  • Miroslav Šepták

DOI
https://doi.org/10.14712/2464689X.2022.23
Journal volume & issue
Vol. 52, no. 2
pp. 125 – 135

Abstract

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For a long time, legislation codified the unequal status of women in Austrian society in relation to men. Nevertheless, in the early 1970s, some blatantly discriminatory provisions based on the General Civil Code (1811) and the Criminal Code (1852) were still in force. Although Austria was one of the first European states to grant women universal suffrage, their position did not improve significantly in fact or in law during the First Republic. After World War II, the ruling coalition of the Austrian People’s Party and the Socialist Party of Austria became aware of the archaic nature of family and criminal law. Substantial changes in this area were hindered / prevented by the need for government compromise. During the one-color social democratic governments led by Bruno Kreisky, several important legal norms were adopted. For example, the reform of the criminal law brought about the legalization of adult homosexuality, zoophilia, the introduction of fines instead of imprisonment, and above all, the legalization of abortion. The reform of family law meant, for example, the equalization of illegitimate children with children born in marriage, the introduction of the principle of equal rights in marriage for men and women, and changes in the area of community property and divorce. From the mid-1980s to the end of the millennium, women’s issues policy was based on the renewed cooperation between the SPÖ and the ÖVP at the federal level. The grand coalition continued to separate the policies in support of women and family policy. There was the introduction of marital and partner rape into the criminal code, as well as the possibility of equal maternity leave for men and women. Despite significant progress, the lower woman’s financial remuneration for identical work persisted, as did their rather negligible representation in politics at federal, state, and municipal levels, not to mention their attainment of leading positions in state-owned enterprises and private companies.