Das verfassungsrechtliche Verbot der Geschlechtsdiskriminierung als Verbot der sexistischen

This dissertation delves into the prohibition of gender discrimination in the Swiss Federal Constitution. It reconstructs how this prohibition has been interpreted and further developed over time in jurisprudence and academia. Since the enshrinement of gender equality in 1981 and the introduction of a general prohibition of discrimination in 1999, a multitude of legal inequalities between women and men have been eliminated. However, a critical analysis of jurisprudence and scholarship regarding Art. 8 para. 2 and 3 of the Federal Constitution shows that traditional conceptions of the prohibition of gender discrimination promise only limited effectiveness against societal and legal structures of inequality. The work advocates for a post-categorical conception of the prohibition of gender discrimination, which understands discrimination as a social practice of hierarchization and is capable of capturing various dimensions of gender-related discrimination through a socially constructivist and power-theoretical expansion of the concept of gender. Both aspects are reflected linguistically in the designation of the prohibition of gender discrimination as a prohibition of (hetero)sexist discrimination.