Geschlechtsdiskriminierende Wirtschaftswerbung : Zur Rechtmäßigkeit eines Verbots geschlechtsdiskriminierender Werbung im UWG

By: Material type: ArticleArticleLanguage: German Publication details: Nomos Verlagsgesellschaft mbH & Co. KG 2015Description: 1 electronic resource (328 p.)ISBN:
  • /dx.doi.org/10.5771/9783845282251
  • 9783845282251
Subject(s): Online resources: Summary: Since the 1970s sexism in advertising has been the subject of many political and social discourses as well as the reason for social-scientific research. For the first time, the problem is analysed thoroughly in its legal dimensions. Based on social-scientific research and a critical analysis of the efficiency of the German Advertising Standards Authority the examination of the German constitutional law reveals in which regards gender-discriminating advertising violates constitutional rights and to what extent a legal prohibition of such advertising would be justified. Following a subsumption under European law the author analyses if the German UWG (Act Against Unfair Competition) is a possible instrument of regulation to ensure protection against gender discriminating advertising. The author substantiates that the UWG is to be interpreted value-related and assigns the constitutional assessments to the unfair competition law. The thesis concludes with a suggestion for a norm that contains the prohibition of gender-discriminating advertising to be implemented in the UWG.
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Since the 1970s sexism in advertising has been the subject of many political and social discourses as well as the reason for social-scientific research. For the first time, the problem is analysed thoroughly in its legal dimensions. Based on social-scientific research and a critical analysis of the efficiency of the German Advertising Standards Authority the examination of the German constitutional law reveals in which regards gender-discriminating advertising violates constitutional rights and to what extent a legal prohibition of such advertising would be justified. Following a subsumption under European law the author analyses if the German UWG (Act Against Unfair Competition) is a possible instrument of regulation to ensure protection against gender discriminating advertising. The author substantiates that the UWG is to be interpreted value-related and assigns the constitutional assessments to the unfair competition law. The thesis concludes with a suggestion for a norm that contains the prohibition of gender-discriminating advertising to be implemented in the UWG.

Creative Commons https://creativecommons.org/licenses/by-nc-nd/4.0/ cc https://creativecommons.org/licenses/by-nc-nd/4.0/

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