The Faculty of Law at Diponegoro University continues its Undip Global Classroom (UGC) 2026 series by presenting Prof. Dr. Thomas Schmitz from the University of Göttingen as the keynote speaker. Held online, the event focused on “Women’s Rights Ain’t Enough: The Guarantee of Equal Rights of Men and Women and the State’s Duty to Promote Effective Gender Equality under the German Basic Law,” with M. Nafi Uz Zaman, S.H., M.H. as the discussant.
In his presentation, Prof. Schmitz made the academically provocative argument that a “women’s rights”-based approach alone is insufficient to address gender inequality. Instead, what is needed is a constitutional framework that emphasizes equal rights between men and women, along with the state’s active obligation to realize this equality effectively.
Drawing on Article 3 of the German Basic Law, he explained that the principle of equality is not merely declaratory but also has a strong normative dimension. This provision not only guarantees that everyone is equal before the law but also explicitly obliges the state to promote the effective implementation of gender equality and eliminate various forms of existing inequality.
Prof. Schmitz also explained that in the European legal tradition, the approach taken is not to create a special category of “women’s rights,” but rather to ensure substantive equality between men and women. This approach also avoids the potential for normative paradoxes, where special protection could actually reinforce the assumption of inferiority of certain groups. Thus, the focus is directed towards equal rights and effective gender equality, rather than merely formal recognition.
In terms of implementation, he outlined the concept of gender mainstreaming as a constitutional strategy that requires all public policies to consider their impact on gender equality. This concept does not stop at prohibiting discrimination but also imposes a positive obligation on the state to actively correct structural inequalities in society.
However, his presentation did not ignore the complexity of practice. One crucial issue raised was the debate over affirmative action policies, such as gender quotas, which, while intended to accelerate equality, can create new justice issues, particularly if they lead to reverse discrimination. Furthermore, contemporary challenges have emerged in the form of misogynistic attacks in the digital space, which have the potential to limit women’s participation in the public sphere.
The evolving discussion demonstrated students’ interest in the relevance of the German constitutional approach in the Indonesian context, particularly in formulating policies that are not only normative but also socially effective. Through this activity, the Faculty of Law at Diponegoro University reaffirmed the importance of a comparative approach in legal studies. They opened up space for critical reflection on how law can function not only as a regulatory instrument but also as a means of social transformation toward more substantive justice.