Right to equality/non-discrimination: Comparative analysis of Russian and German legislation. Rechts auf Gleichheit/ Non-discriminirung: Vergleichsanalyse russisch - PowerPoint PPT Presentation


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Right to equality/non-discrimination: Comparative analysis of Russian and German legislation. Rechts auf Gleichheit/ Non-discriminirung: Vergleichsanalyse russisch


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Title: Right to equality/non-discrimination: Comparative analysis of Russian and German legislation. Rechts auf Gleichheit/ Non-discriminirung: Vergleichsanalyse russisch

Right to equality/non-discrimination
Comparative analysis of Russian and German
legislation. Rechts auf Gleichheit/
Non-discriminirung Vergleichsanalyse russisch
deutscher Legislation
????? ?? ?????????/ ??????????????? ????????????
? ?????? ???????????????? ?????? ? ????????
Olga R. Gulina
?????????? ???????????? - ????? ??????????
?????????Republic of Bashkortostan is the part
of Russian Federation
  • In 2004 the range of foreign commerce of
    Bashkortostan was 3840.6 million USA dollars, and
    the export range was 3525.9 million US dollars,
    the import range 314.7 million US dollars.
  • 91 countries, including 80 neighbouring
    countries and 11 far countries - the members of
    UIC, became commerce partners of the republic.
    The ten top countries are Great Britain,
    Kazakhstan, Ukraine, Italy, China, Germany,
    Gibraltar, Netherlands, Switzerland, Finland.

The Geographic Situation
  • The area of Bashkortostan Republic is 143,6
    thousand square kilometers (0,8 percent of the
    whole area of Russian Federation). It covers the
    major part of the South Urals, the plains of the
    Bashkirian foothills of the Urals, adjoined to it
    and hill-and-plain belt of the Bashkirian Trans
    Urals. It borders on Perm and Sverdlovsk regions
    in the north Chelyabinsk region - in the East
    Orenburg region - in the south-east, the south
    and south-west Tatarstan Republic - in the west
    Udmurt Republic - in the north-west. Its
    territory spreads for 550 km from the north to
    the south and from west to east - for more than
    430 km.

143,6 thousand sq.km
Population of Bashkortostan
  • There are 4 million and 110 thousand people in
    this republic (2,8 percent of the Russian
    Federation population). The Republic takes the
    7th place in terms of population among Regions
    and Republics of Russia, including Moscow and
    Saint Petersburg. Bashkortostan is an area of
    high density of population there are 28,6
    persons for one square km. 64,8 percent is the
    part of urban population and 35,2 percent -
    country people. There are 47,3 percent of men and
    52,7 percent of women among the whole number of
    population. Bashkortostan is an international
    republic. More than 70 nationalities live in its
    territory. There are Russians, Bashkirians,
    Tatars, Chuvashes, Maris, Ukrainians. Russian is
    the international communication language here.

4110,3 thousand people
???????????? ???????The urgency of the theme of
  • The right on equality and interdiction on
    discrimination are one of the most important and
    dynamically developing areas. Concepts "equality"
    and "discrimination" is necessary to consider
    from two positions as principles of the
    international and Russian law and as the
    independent law.
  • The Russian legislation, proclaiming a principle
    of equality of the rights and freedoms, in
    essence does not contain an interdiction of
    discrimination, and the term "discrimination" is
    used extremely limited.
  • There are no legal acts in the country containing
    any definition of discrimination. Thus, the
    concepts "discrimination", " restriction of the
    rights ", " legal or illegal realization of
    distinctions "dont remain clear enough for the
    professional lawyers and for general public. No
    clear position of legislators and law enforcement
    agencies is traced.

What is the difference
  • There is no anti-discrimination legislation in
    modern Russia. There is neither a conceptual
    approach to the ideas of equality and
    non-discrimination in Russia until now. In
    Russia, the right to equality is understood as
    "equality of stomachs", everyone should eat
    either potatoe with herring, or caviar and
    champagne. In Russia, it is not accepted to speak
    about equality of opportunities or equality of
    rights. To us, Russians, the concept of
    non-discrimination is closer, that is an
    interdiction of equal attitude in a unequal
    situations or of unequal attitude in equal
    situations. In Germany, following the European
    liberal traditions, they speak about equality of
    rights and of equality before the law. It is to
    expect that several years will pass before the
    legal consciousness of the Russian population and
    of the representatives of Russian authorities
    will change. Taking into account that the Russian
    and German legal systems are close, the planned
    study will lead to apprehend techniques and
    mechanisms used by the German legal order with
    the aim to implement them in the internal order
    of Russia.

The subject/object of my project
  • The subject of research is the national
    anti-discrimination legislation of Germany as a
    part of the Council of Europe and the European
  • The national anti-discrimination legislation is
    "the indicator of health" of a society for it
    reflects the perception of the concept of
    equality by separate people, groups or by the
    society as a whole.
  • The object of research is the evolution of the
    right of equality/non-discrimination in Germany
    and in the Russian Federation.

The National Minorities in RB
  • According to the Census of 2002 there are 29.8
    per cent of Bashkirs (1.2 mln.), 36.3 per cent of
    Russians (1.5 mln.), 24.1 per cent of Tatars (990
    thousand) in RB. Since the recent Census the
    number of Bashkirs increased by 7.9 per cent or
    by 357.5 thousand people, the amount of Russians
    decreased from 39.3 per cent to 36.3 per cent
    Tatars from 28.4 to 24.1 per cent., other
    peoples in common from 10.4 to 9.8 per cent. The
    common numerical increase of population in RB was
    161.1 thousand people (4.1 per cent). So there
    are 60 per cent of Bashkirs in the Republic of
    Bashkortostan and more than 40 per cent live

Problem of the right of equality/non-discriminatio
n in the context of (national) minorities.
Situation in Germany
  • Historically, the Constitutions of Germany knew
    articles on the protection of the rights of
    national minorities. This constitutional
    tradition to protect national minorities was
    reflected in the provisions of the Constitutions
    of 1849 and of 1919 and the Constitutions of the
    German Democratic Republic of 1949 and 1974. But
    it is not present in the German Basic Law of
    1949, even not after the constitutional reform of
  • However, some of the Constitutions of the German
    Länder do have special protection clauses for
    minorities. For example, article 5 part 3 of the
    Constitution of Saxony of 1992 establishes such a
    right, and it furthermore does not demand the
    German citizenship as an obligatory element for
    the recognition as national minority. The
    Constitution also recognizes foreign minorities
    insofar as they have a residence permit.
  • Traditional minorities in Germany are Friezes
    (130000 persons) Sorbs (60000 persons) and Danes
    (50000 persons). The Constitutions of the Länder
    where national minorities live generally
    establish special articles on their protection
    (e.g. the Constitution of the Land
    Schleswig-Holstein concerning Friezes and Danes
    the Constitutions of the Land Brandenburg and
    Saxony concerning Sorbs, etc.).

The constitutions
  • Article 3 3 of the Constitution of Germany
  • No person shall be favored or disfavored because
    of sex, parentage, race, language, homeland and
    origin, faith, or religious or political
    opinions. No person shall be disfavored because
    of disability.
  • Article 19 2 of Russian Constitution stipulates
  • The State guarantees the equality of rights and
    freedoms of a person and citizen irrespective of
    sex, race, nationality, language, origin,
    property and official position, residence,
    attitude to religion, belief, affiliation to
    public associations, and also other circumstances.

Council of Europe
  • The jurisprudence of the European Court of Human
    Rights is, to the same way and extent, relevant
    for both Germany and Russia.
  • Both countries signet European Convention on
    Human Rights and of Protocol ?12 as parts of the
    anti-discrimination legislation in the frame of
    the Council of Europe, is different for the
    Russian Federation on the one hand and for
    Germany on the other.
  • In April 1st, 2005 the protocol ?12 entered into
    force. Even if it is not yet ratified by both
    countries, the protocol was signed by Russia and
    by Germany in 2000.

European Union
  • The European Union which member is Germany also
    has its own antidiscrimination legislation,
    studying of which, undoubtedly, will be useful.
    Today the interdiction of discrimination is the
    conventional standard of legislation of EC and is
    contained in a number of the international
    documents. The article 13 of the Contract about
    the organization of the European Community
    concerns to them article 21 of the Charter of
    fundamental laws of the European Community the
    antidiscrimination instruction 2000/43/EC,
    entering a principle of equal relations between
    individuals without dependence from a racial and
    ethnic origin the instruction 2000/78/EC,
    defining the general principles of the equal
    reference in sphere of employment the
    instruction 2003/9/EC, establishing the minimal
    legal standard for acceptance of persons in
    searching a refuge, etc.

The purposes
  • To compare the national legislation of Russia and
    Germany concerning the right of equality and
    regarding the mechanisms of struggle against
  • To reveal and investigate the activity of special
    (competent) authorities struggling with the facts
    of discrimination e.g. Courts, Public
    Prosecutor, Ombudsmen, etc.
  • To study judiciary practice (of national German
    Courts including the Federal Constitutional Court
    as well as of the European Court of Human Rights
    in cases concerning Germany) in matters of
  • To acquaint with the influence of institutions of
    the European Union and the Council of Europe
    regarding German cases connected with
  • To set scientific contacts with German
    colleagues, to expand the outlook and to carry
    out a new doctoral thesis subject.
  • To develop a university course for students of
    the Institute of Law of the Bashkir State
    University. The Institute is interested in the
    given problematic, especially on the subject
    "The principle of equality and non-discrimination
    in the legislation of Germany and Russia."
  • To develop a manual for students of Institute of
    Law of the Bashkir State University which would
    be useful and interesting for both legal experts
    and the student readers.

The EndDas Ende
  • Thank you very much
  • Viele Danke
  • ???????
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