Appendix 1 Women’S Military Participation in the UK, Germany and France: Statistical Data

Appendix 1 Women’s Military Participation in the UK, Germany and France: Statistical Data

Percentage of female soldiers in the UK, Germany and France since 1997 ‘97 ‘98 ‘99 ‘00 ‘01 ‘02 ‘03 ‘04 ‘05 ‘06 ‘07 ‘08 ‘09 ‘10 France 7.7 7.8 8.3 9.1 10.1 11.4 12.5 13.0 13.9 13.9 14.3 14.6 15.0 15.15 Germany 1.8 2.0 2.2 2.4 3.0 3.9 4.7 5.5 6.1 6.8 7.6 8.3 8.7 9.1 UK 6.4 6.8 7.0 7.3 7.6 7.8 8.1 8.5 8.7 9.0 9.1 9.3 9.5 9.7

111 112 Appendix 1

Percentage of women in the British armed forces according to grade and force in 2010 Army Navy RAF Officers 11.3 9.7 15.4 NCOs 5.5 7.1 8.5 Other ranks 7.4 11.5 15.4

Percentage of women in the German armed forces according to grade and force in 2010 Heer Deutsche Marine Luftwaffe SKB1 Officers 2.2 6.0 2.8 5.0 NCOs 6.0 8.3 6.6 8.2 Other ranks 5.1 6.4 7.5 9.6

Percentage of women in the French armed forces according to grade and force in 2010 Armée de terre Marine nationale Armée de l’air Officers 8.24 11.22 10.99 NCOs 12.77 12.14 17.94 Other ranks 11.04 23.39 48.48

Note: Data concerning the British Armed Forces was provided by the Defence Analytical Services and Advice (DASA). Data concerning the French Armed Forces was provided by the Secrétariat général pour l’administration (SGA). Data concerning the German Armed Forces was provided by the Bundesministerium der Verteidigung. Many thanks to each of my correspondents for their input. Appendix 2 Women’s Military Participation in the UK, Germany and France: Historical Perspectives

A British short history (1945–present)

The WRAC (Women’s Royal Army Corps) was created in 1949 (on the basis of the Auxiliary Territorial Service – ATS – originally set up in 1938). The WRAF (Women’s Royal Air Force) was also established in this year, and the WRNS (Women’s Royal Naval Service) was re-created as a permanent unit in 1939 following a model that was initially put in place in 1917. These services were strictly unisex and non-combatant (i.e. they did not involve any training with arms). In 1981, however, the government announced that small calibre arms training would be provided within these services, at least with a view to self-defence. During the 1990s, a fuller integration of women within the three forces was initiated. The WRAC was integrated into the Army in April 1992, the WRNS joined the Navy in November 1993, and the WRAF was merged into the regular Royal Air Force in April 1994 (see NATO, 2001).1 Simultaneously, the number of posts that were open to women started to grow. For example, women managed to become pilots and navigators in the Air Force in 1989,2 and they gained the authorisation to embark on ships in the Navy in 1994.3 Big changes were introduced in the Army from October 1997, when the then Secretary of State for Defence, Lord George Robertson of Port Elen announced that women could serve in the Royal Artillery and the Royal Engineers Corps from April 1998, raising the number of positions open to them from 47 to 70 per cent. The Household Cavalry and Royal Armoured Corps, as well as the Infantry, are still closed to women. They can serve in all positions in the Royal Navy and the Air Force except the Royal Marines General Service and the RAF Regiments. Parallel to the 2010 Women in Combat review, the ban on women’s presence in submarines (which rested on medical reasons) was reviewed and waived. They can now also serve as mine-clearance divers.

113 114 Appendix 2

A German short history (1945–present)

During the Second World War, ‘around 450 000 women were recruited in the Wehrmacht Assistance Corps (Wehrmachthelferinnenkorps), and tens of thou- sands were assigned to combat positions’ (Kümmel, 2005, p. 22). After the events, article 12a of the German Constitution (1949) provided that women shall not ‘render service involving the use of arms’ (see Grundgesetz). This provision retained validity until the ruling of the European Court of Justice in 2000 in the Tanja Kreil case (C- 285/98), which has had great repercus- sions on women’s military participation in Germany. In any case, women had started to be recruited from the mid-1970s in the medical services. On 1 October 1975, five female medical doctors enlisted for the first time, and the number of female medical officers (Sanitätsoffiziere) reached 29 by the end of that year. In 1988, female medical officers had the opportunity to undertake all duties attached to their position (which was not the case until then), such as the job of a ‘teacher officer’ (Lehroffizier) at the medical military academy (see BdWV, 2004, p. 1). In this same year, female medical officers were required to undertake training in the arms drill (though only for one type of arms) so as to ensure at least the defence of the patient as much as their own.4 On 1 January 1991, women were further allowed to apply for positions as Non- Commissioned Officers as well as troops in the medical services; all positions within the military music service also became open to them. In 1994, the surgeon Verena von Weymarn became the first woman to be promoted to the rank of general. By 1997, almost 3,500 women were employed in the medical and military music services.

A French short history (1945–present)

In France, women gained military status after the Second World War. The first decree (no. 51- 1197) acknowledging the military nature of women’s participation in the armed forces was passed in October 1951. This decree did not only establish a rank system (which was not equivalent to that of men), but also, more fundamentally, offered the opportunity for women to pursue a career in the institution. From this date on, legislation kept evolving and the number of positions open to women gradually increased. Such extension was effected within a dual legal framework, by which male and female military personnel pursued largely parallel career paths. While the 1972 Law had indeed established statutory equivalence for men and women, a 1973 decree (re-)created separate feminine military corps. The 1975 Military Law (no. 75– 1000) asserted again the principles enounced in the 1972 Law, but it is through ensuing regulation that mixed ranks (for given positions) were in fact put in place from 1976. At the same time, the quota system, which applied to women exclusively, was developed and implemented. Between the end of the 1970s and the period reviewed in Chapter 5, the Air Force, the Navy and the Army pursued their own scheme regarding women’s military participation, elaborating over the years a composite collection of policy Appendix 2 115

measures. These contrasted strongly with the opportunities open to men and, even more, with the system of compulsory national service applying to them. Provisions applicable to women kept being revised until all restrictions for their recruitment were finally almost all waived in the context of the transi- tion from a conscription to a professional military between 1998 and 2002. Appendix 3 Schematic summary of the orders of worth (polities)

Market Industrial Civic Domestic Inspired Opinion

Mode of Price, Cost Technical efficiency Collective welfare Esteem, Reputation Grace, Singularity, Renown, Fame evaluation Creativeness (worth) Test Market, Competence, Equality, Solidarity Trustworthiness Passion, Enthusiasm Popularity, Competitiveness Reliability, Audience, Planning Recognition Form of Monetary Measurable: Criteria, Formal, Official Oral, Exemplary, Emotional Semiotic relevant proof Statistics Personally involvements & warranted expression Time frame Short-term, Long-term planned Perennial Customary past Eschatotogical, Vogue, Trend Flexibility future Revolutionary, Visionary moment

Source: Boltanski and Thévenot, 1991; adapted from Thévenot, Moody and Lafaye, 2000, p. 241. Notes

Introduction

1. According to national reports published by the NATO Committee on Gender Perspectives, available online at http://www.nato.int/cps/en /natolive/topics_50327.htm [accessed 11 January 2011]. 2. According to the data provided by the Statistical Information Analysis Division (SIAD), available online at http://siadapp.dmdc.osd.mil/personnel /CASUALTY/oefdeaths.pdf concerning Operation Enduring Freedom [accessed 1 March 2011] and http://siadapp.dmdc.osd.mil/personnel/ CASUALTY/oif- deaths- total.pdf concerning Operation Iraqi Freedom [accessed 1 March 2011]. 3. In this book, the concept of ‘sex distinction’ will be privileged over that of ‘gender’. This is to underline the strictly sociological angle of the present inquiry and avoid some of the confusing connotations that are sometimes attached to the concept of ‘gender’. One of them has to do with an understanding of ‘gender’ as describing subjective experiences and identities, too, beyond social actions and relations. Such understanding raises questions of psychological import (on the structure of personality and identity formation, for instance) which – it is the view defended here – the sociologist does not need to answer, or even address, strictly speaking, to produce valid sociological analysis. Another one has to do with the opposition of gender as a ‘social’ construct to ‘sex’ as a biological given. Such opposition suggests that human understanding of the body and its workings could be reached outside of representation, hence social representations. Such suggestion remains difficult to accept for a sociologist, who will be inclined to question the idea that representations are not socially mediated. Finally, it is also to avoid the assump- tion, always present or suspected when ‘gender’ is invoked, that men and women stand, whatever the society or situation under consideration, in relationships that are necessarily placed under the sign of (male) domination. ‘Sex distinction’ is thus privileged over ‘gender’ because it appears to be a more neutral instrument, which is descriptive and not evaluative in nature. The terminological choice made here does not imply that all studies drawing on the concept of gender entail the mentioned short- comings (in fact, the line developed by Butler (1990) thematises social relations more than subjective identities, as does the concept of ‘sex distinction’), but it clearly reflects concerns over conceptual stringency. The concept of ‘sex distinction’ was proposed and elaborated on by Alès and Barraud (2001) in a fascinating book in anthropology and later developed by Théry (2007). In any case, the present book fully takes into account

117 118 Notes

the fact that the noun ‘gender’ and the adjective ‘gendered’ are part and parcels of English daily language. As a matter of convenience, ‘gender’ and ‘gendered’ will therefore be used when the terms ‘sex’ and ‘sex distinction’ would suggest another meaning or connotations that are not intended. 4. This minimal definition amounts to adopting a firmly deflationary approach to theory. It implies that liberal societies need not be defined in reference to the ‘big institutions’ they are usually associated with: political parties, free press, legal system, etc. Rather, the re- construction of the institutional formations of the liberal societies under consideration will come in a second movement, as will emerge throughout the analysis. 5. On the idea that modern societies produce a lot of order as well as disorder, see Levi Strauss (1959) and his characterisation of modern versus primitive societies as ‘hot’ versus ‘cold’ societies. 6. In other words, the focus is not set on logical forms or figures of speech used in disputes or controversies, such as those studied by Perelman and Olbrechts-Tyteca in their imposing 1958 book, or in a very serious yet humorous manner, by Angenot in 2008. 7. Paraphrasing Pocock, who was writing in 1975 relative to rhetoric: ‘Political by its nature, it is invariably and necessarily immersed in particular situations, particular decision, and particular relationships’ (Pocock, 1975, p. 59). 8. Le Doeuff reminds us, on the basis of an observation made by Arendt relative to the practice of torture in Ancient Greece (authorised for slaves, inapplicable to free citizens), that one should always question what seems to constitute an ordinary, normal, even maybe universal social phenom- enon, and what spontaneously appears to represent its opposite, the excep- tion (1998, p. 111). In the same vein, one should always ask whether it is the non- participation of women in military activity, rather than the participation of men – which, it should be noted, has taken the form of universal male conscription in some countries only for a short period of time – that should be regarded as exceptional. 9. Hence the use of the concept of ‘sex distinction’. See note 3. 10. This ‘making’ to be laid bare, however, will not quite match an ethnog- raphy of the Latourian type, by which – following examples taken from the laboratory (with Woolgar, 1979) or the Conseil d’État (2004) – the intricate, and also very concrete, trajectory of a fact, a bill, or a court case, would be reconstituted. It nevertheless clearly borrows from such an approach.

1 Women in the Military – Dominant Approaches

1. History is one of the disciplines that has contributed most interestingly and significantly to the study of women’s involvement in different types of wars (inter-states war, civil wars, revolutions, etc.) in modern and pre- modern times, as well as in Antiquity. It has, in this respect, tackled Notes 119

issues pertaining to ideologies, political regimes and political participation from a gendered perspective. The literature produced in the French, German and Anglo- American academic contexts cannot be adequately quoted here, not least for space reasons. It has to be stressed, however, that the present book is situated in the ambit of social and political science. It will therefore not draw, for the sake of clarity in focus and exposition, on the many stimulating contributions that have emerged from history and social history on women’s involvement in armed encounters and political movements. 2. Cultural studies have also contributed, in very interesting ways, to the issue; they have had an impact on feminist international relations, which will be discussed later in the present chapter. For all their interest, these studies have no direct bearing on the main core and arguments of this book, which are rooted in sociology and political science. 3. In his preface, Janowitz points to the difficulty of ‘both adequately solving the political problems of civil- military relations and maintaining their political freedom’ (Janowitz, 1971, p. lvii), while Huntington writes in his that the fundamental issue ‘is to develop a system of civil- military relations which will maximize military security at the least sacrifice of other social values’ (Huntington, 1957, p. 2). 4. Janowitz decisively provided firm institutional foundations to the study of the military by founding the Inter- University Seminar on armed forces and society (IUS) in 1959. By developing a membership system which has gradually formed the base of a world- wide network of researchers and practition- ers, initiating the creation of two scientific journals (The Journal of Political and Military Sociology, now renamed Annual Review of Political and Military Sociology and Armed Forces and Society), and setting up periodic international conferences since 1964, he contributed to the emergence of a broad spectrum of empirical studies and to the dissemination of their results to a large audience. In that respect, the IUS has crucially broken with a certain non- problematisation of the military and war in the sociological discipline. No alternative sociological tradition to American military sociology has so far been developed (Wittrock, 2001, p. 69, note 5), even if sporadic studies have focused on war and the military institution from a wider historico- sociological perspective from the 1970s (e.g. Perlmutter, 1977; Tilly, 1990; Mann, 1988). Hence the questions that were asked by these authors have largely remained open since (e.g. Strachan, 1997, p. ix). At the same time, American military sociology very much consolidated over the years into a policy focused and problem- solving sub- discipline, which contributed, in a way, to reinforcing its hegemonic position. (For an analysis of the way in which early military sociology actually fostered the rise of a certain operational type of inquiry in the whole of the social science disciplines in the United States, see Schweber, 2002). 5. The practical difficulties inherent in such systemic theories relate to the f a c t t h at t he c on s i s te nt c o d i f ic at ion of e a c h v a r i a ble w it h i n a ( ye t to b e e l a b - orated) coherent typology of societies, is actually very difficult to realise 120 Notes

with precision on any scale of significance, or on any scale that would allow for an effective statistical and interpretive treatment of the issue at hand. 6. Elaborating on the civilianisation thesis of Janowitz, Charles Moskos is one of his influential heirs, who proposed his own analytical grid, labelling a military organisation highly convergent with civilian society ‘occupational’, and a highly divergent one ‘institutional’ (see for instance Moskos, 1977, 1986). For another, maybe more typical use of Moskos’ framework, see Winslow and Dunn (2002). 7. Indeed, the fact is empirically well-documented that men perform, in majority compared to women and across a variety of social groups, military and war-related activities. 8. For an incisive analysis of the idea of the public sphere in American liberal thought, see Somers, 1995a, 1995b. 9. The public–private distinction is a complex, sometimes elusive one, which covers a variety of theories and arguments (see for instance Weintraub, 1997; Boyd, 1997). The history of the public–private divide thus does not lend itself to an easy encapsulation. It is important to note that the line of demarcation between public and private is not always placed at the same point depending on authors. Some equate the public sphere with the state, while the pursuit of private passions within the market and other settings is considered to fall in the private sphere; others include in the public sphere all that does not belong to the family space (private sphere), including state, market and politics generally. Others further conceive of the divide as a clear- cut opposition of the state (public sphere) versus the family (private sphere). The contour of the distinction has generated numerous debates and sharp disagreements. 10. While showing affinities with the work initiated in peace research in the 1960s, feminist international relations truly materialised as a sub- discipline in the academic context of the 1980s, that is at a time when so-called mainstream approaches in social sciences became increasingly challenged through ideas labelled, sometimes against the intention of their authors, as post-modern. Disciplinarily, feminist international relations borrow from many social scientific areas ranging from anthropology to political science, cultural and development studies. See for instance, Beckman and D’Amico, 1994; Tickner, 1992, 2006; Peterson, 1992; Whitworth, 1994. 11. From this point of view, Godstein’s book (2001) has been celebrated, in spite of its failings, for its contribution to debunking biological explanations for the involvement of men and the non-involvement of women in wars (e.g. Prugl, 2003; Evangelista, 2003). 12. For a discussion of the development of the sub- discipline, see for instance Wibben, 2004; Jabri and O’Gorman, 1999; Sylvester, 2002; Hutchings, 2008b. 13. Connell is a key reference here (1995). For recent discussions of masculinity and inter-state violence and war, see the special issues of the British Journal of Politics and International Relations, Vol. 9, No. 2, 2007 Notes 121

and of Men and Masculinities, Vol. 10, No. 4, 2008. A good overview of the research on masculinity and war is provided in the first section of Hutching’s article ‘Making Sense of Masculinity and War’ (2008a). 14. Of course, such developments raise questions as to the specifically feminist commitment and objectives of the field (see for instance Zalewski, 2007). But again, the normative posture that is associated with such research, all disclaimers notwithstanding, is one which more often than not assumes the dominant posture of men, or of certain types of ‘masculinities’, and identifies it as the cause of violence (interstate or else). See on this point the debate that took place between Carver et al. (1998), an advocate of post-modern political science, and Adam Jones (1998), described as a traditionalist, in the Review of International Studies. 15. In the same spirit, although more strictly focused on the civic dimension of the issue, see for instance Elshtain (2000) or Seifert (2001). 16. For similar approaches, see for instance Moelker and Bosch (2008) or Simons (2000–2001). 17. In Creveld’s words: ‘Take women away, and war would have been both impossible and pointless’ (2001, p. 15). 18. Carreiras deplores (2004, pp. 34–35) the lack of specification of the dependent variable in the models of Iskra (2002) or Kümmel (2002); in fact, Epstein (1988, p. 33) pointed out long ago that the epistemological status of ‘gender’ in gender studies remains too often ill-defined. 19. I need not comment again on the fact that even those who underscore the historical and geographical variability of gender roles and identities tend to subscribe to this logic, which LeDoeuff has rightly identified as a theory of transubstantiation at bottom (1998, p. 262ff.). 20. Recent research has recognised that ‘women’s engagement in violence and sadism is clearly not just a footnote to men’s orders’ (Segal, 2008). From Palestine and Northern Ireland to the concentration camps during the Second World War, or more recently the prison of Abu Ghraib and Rwanda, examples of female violence are unfortunately not lacking. Explanation thereof within the framework of feminist international relations (or related research programmes) requires such circumvolutions that the formulation of new hypotheses seems more inviting. 21. A common, and actually plausible line in different areas of recent research is instead to highlight the relational character of sex distinction (e.g. Mottier, 2004), the transformations of the codification of social spaces (e.g. Coole, 2000), and the inconsistent patterns of cultural mobilisation (e.g. DiMaggio, 1997).

2 Europe – A Liberal Space

1. For a short history of the European Union defence and security archi- tecture, see for instance Trybus, 2005, pp. 92–120; Tsagourias, 2007, pp. 102–110. For a comprehensive legal study, see Naert, 2010. 122 Notes

2. Even though the measures taken concerning terrorism have introduced a bridge between internal and external security. See for instance on this point Duke and Ojanen, 2006. For recent examples and analyses, see Mounier, 2009 or Chou, 2009. 3. As the Small Arms and Light Weapons case (C-91/05) exemplified early on. On following cases and their consequences, see Randazzo, 2009. 4. On the implications of the Lisbon Treaty, see Angelet and Vrailas (2008) or Drent and Zandee (2010). 5. Angelet and Vrailas explain: ‘Foreign Ministers discuss monthly an increasingly loaded CFSP agenda, but ESDP reports, conclusions or formal decisions are usually simply adopted without debate. As there is no “Defence Council”, Defence Ministers meet every semester once in General Affairs and External Relations Council formation and once in an informal gathering hosted by the Presidency’ (2008, p. 5). 6. Although it should be noted here that directives cannot be said to have direct effect; they are legally binding as to the results to be achieved but not the means by which these results shall be attained. On this point, see Chalmers et al., 2006, pp. 371–379. 7. Although it has already adopted decisions impacting CFSP/ESDP on the basis of article 47 TEU, which provides that the ECJ shall guarantee the coherence of action between the different pillars and preserve the acquis communautaires from any contrary orientation taken within the scope of the Treaty on European Union (which includes CFSP). On the direct and indirect action of the ECJ in the defence and security domain, see Trybus, 2005, pp. 78–80; Koutrakos, 2007, pp. 251–257. 8. It should be observed that beyond the Union and the Community, the Council of Europe, more precisely the decisions taken by its court of justice – the European Court of Human Rights (ECHR) – can impact the choices made by its Members as regards the organisation of their armed forces. All EU members are signatories of the Convention of Human Rights upon which the Council of Europe is founded. While the jurisdictions of the European Court of Justice and of the European Court of Human Rights remain apart, there are many bridges between them. For one thing, the Convention has been integrated in the Maastricht Treaty; for another thing, the Lisbon Treaty provides that the EU itself becomes a signatory of the Convention of Human Rights; last but not least, the ECJ has sometimes referred to rulings of the ECHR in its own jurisprudence (such as in the famous Soering v. UK case (1989), at a time when the UK had not even ratified the Convention of Human Rights). Concerning the organisation of the armed forces, the European Court of Human Rights has passed judgments that have had great consequences for Member States, notably the United Kingdom through the Lustig-Prean and Beckett v. UK case (1999) and the Smith and Grady v. UK case (1999). These two cases involved respectively the Navy and the Air Force, and have resulted in a modification of the stance of the British Ministry of Defence i.e. armed forces towards homosexuality and sexual orientation (see Deakin, Notes 123

2000). But the ECHR has not so far handled cases which would be directly relevant to the present discussion. 9. The defendants invoked the provisions entailed in the EC Treaty, in particular article 297 (formerly 224) allowing Member States to take special measures that might impede, or at least affect, the functioning of the Common Market ‘in the event of serious internal disturbances affecting the maintenance of law and order, in the event of war, serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security’. Other relevant exceptions in the Treaty are to be found in article 30 (formerly 36) providing for the possibility to prohibit or restrict the import, export or goods in transit for reasons ‘of public morality, public policy or public safety’ (together with other reasons including ‘the protection of health and life of humans’); article 39 (formerly 48) entailing the possibility for Member States to limit the freedom of movement of workers ‘on grounds of public policy, public security or public health’ as well as predicating the non- applicability of the freedom of movement for workers to civil servants; article 46 (formerly 56) guar- antying the opportunity for Member States to provide ‘for special treatment for foreign nationals’ on the same grounds; and article 296 (formerly 223) protecting the right of Member States not ‘to supply information the disclosure of which it considers contrary to the essential interests of its security’ as well as to ‘take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material’. 10. Having been issued in the continuity of the Equal Pay Directive (75/117/EEC), Directive 76/207/EEC proceeds from the willingness to perfect existing instruments. It has had a significant impact on national defence and security personnel legislations, including the condemnation of France in matters of employment of women in the police or in customs administration (see Commission v. France, C-318/86), the abandonment of the policy of discharge of pregnant women in the British military (an order from the Divisional Court was issued after the British Ministry for Defence acknowledged on 17 December 1991 that such practice contra- vened the Equal Treatment Directive – see Ministry of Defence v. Cannock and others, Employment Appeal Tribunal, Hearings from 29 July 1994), or – as will be discussed below in more details – the amendment of article 12a of the German Constitution relative to the general exclusion of women from the armed forces apart from the military-music and medical services (see Kreil case). Recently, Directive 76/207/EEC was incorporated, together with other Directives on equal treatment and discrimination as well as the Community jurisprudence, into Directive 2006/54/EC. The cases examined here took place before the consolidation of the acquis communautaires through Directive 2006/54/EC was operated. 11. Three other resolutions are associated with UNSCR 1325: resolution 1888 (30 September 2009), which reinforces UNSCR 1325 through 124 Notes

the nomination of a Special Representative of the Secretary-General on sexual Violence in Conflict (the post is currently held by Margaret Wallström); resolution 1889 (5 October 2009) which intends to consoli- date processes of data collection and analysis on gendered violence; and resolution 1960 (16 December 2010), which provides that actors perpet- rating sexual violence on a systematic basis in a conflict might be identified so that sanctions be taken against them. 12. Available online at http://www.eu2005.lu/en/actualites/documents_travail /2005/02/04pekin-declmin/index.html [accessed 28 July 2008] 13. At the time of writing, these countries were: Austria, Denmark, Finland, the Netherlands, Spain, Sweden, the United Kingdom, Belgium, Portugal, Ireland, Estonia and France in the EU. Throughout the world, 27 countries have so far written a National Action Plan in view of the implementation of UNSCR 1325. 14. Even though Parliamentarians from the SPD, Die Linke and Bündnis 90/ Die Grünen have recently united to ask for the setting up of a National Action Plan (see 17/5044, 18 March 2011) in place of the disparate measures currently in force (see 16/7267). 15. For a recent elaboration on this point, see, for instance, Boltanski and Claverie (2007), or Boltanski (2008). 16. I follow here the idea developed by Runciman (1983), according to which description ranks high on the research process and has to be understood in relation to reportage, explanation and evaluation. 17. For a similar approach to Boltanski and Thévenot’s, see Cooke, 2006. 18. Indeed, a new such representation has been added to the inventory after Le nouvel esprit du capitalisme (1999) by Boltanski and Chiapello, namely a ‘project- based polity’ (cité par projets) founded upon undertaking spirit, autonomy and networking capabilities (see Boltanski and Chiapello, 2001, pp. 466–467). Boltanski indicates that he understood that the ‘domestic polity’ (identified in On Justification) had weakened to the point of vanishing from social interactions in our times while writing Le nouvel esprit du capitalisme (see Boltanski, 2008). Lafaye and Thévenot (1993; with Moody, 2000), for their part, have pointed to the emergence of an additional dimension to the initial framework, that is a ‘green polity’ based on ecological worth. However, Boltanski and Thévenot maintain that there is only a limited plurality of representations of a good society – though there is no ‘magical number’ (Boltanski and Thévenot, 1999, p. 369) – and that some of those having been identified might be los- ing credence to the benefit of emerging ones (Boltanski and Thévenot, 1991, p. 92, 1999, p. 365 and 369). Within the context of this book, however, the initial framework appears to be adequate and sufficient. 19. In other words, the mode of data gathering to be used within the following chapters is akin the ‘snowball sampling’ method sometimes employed in relation to interview data collection (Atkinson and Flint, 2001). Notes 125

20. It therefore appears that a whole set of abilities from part of the translator- comparatist is required in order to avoid the falsifying effects of an inadequate translation. These include attention to details, a taste for dictionaries and glossaries, a fine sensitivity to registers, rhythm and tonality, good relationships with native speakers for help and discussion, a sound knowledge of the socio- linguistic group under investigation and imagination in transposition. 21. As will be explained in the following chapters, women represent 15.15 per cent of the overall military personnel in France in 2010, 9.1 per cent in Germany and 9.7 per cent in the UK. 22. Boltanski and Thévenot ‘certainly do not underestimate the importance in social life of domination, force, interests and even of deceit, delusion and self- deception.’ (Boltanski and Thévenot, 1999, p. 364). Yet they stress that ‘a representation of the social world which would be com- pletely grounded on deception and delusion would no longer be able to give an account of the experience of the social actors themselves’ (ibid.). This position has to be understood in relation to the other forms of social interaction they have uncovered. Hence, the sociology of critical societies only embraces one of four regimes action, namely the regime of justice. The three other regimes include the regime of familiarity (or justesse), the affective regime (agapé) as well as the regime of violence. Regimes of action basically point towards modes of coordination of the action i.e. of arrangement of persons and objects in the social world (see Boltanski, 1990, p. 111; Boltanski and Thévenot, 1999, p. 362 and 372). Boltanski and Thévenot distinguish between those regimes of action in which persons and things relate to each other through established external conventions (i.e. the regime of justice and familiarity) and those in which they do not (i.e. the regime of agapé and violence). This divide is coupled with another, not matching, divide – namely, between the regimes of peace (i.e. the regime of familiarity and of agapé) and those of dispute (i.e. the regimes of justice and of violence). 23. A similar idea can be found in Hegel (1892, §§ 115–118, pp. 212–219), who pinpointed equality as a mediating term between identity and difference. 24. Wagner writes for his part that polities allow for ‘a steady construction of commonalities, a ‘making equal’ of persons and objects whose ‘equality’ or ‘equivalence’ is neither natural nor self- evident.’ (Wagner, 1994, p. 279). 25. For an earlier exploration of the potential use of the conceptual matrix elaborated by Boltanski and Thévenot for comparative purposes, see Lamont and Thévenot (2000).

3 The United Kingdom – Preserving Effectiveness

1. In June 2009, Bob Ainsworth was asked in the House of Commons: ‘To ask the Secretary of State for Defence what estimate he has made of the 126 Notes

proportion of statutory obligations provided for by legislation on matters for which his Department is responsible which were introduced as a con- sequence of obligations arising from EU legislation in the latest period for which figures are available’. Ainsworth replied: ‘The Department has not had to introduce new legislative instruments as a result of obligations under EU Legislation’ (HC Deb 25 June 2009 c1069w). 2. The Equal Opportunities Commission was an independent public body dedicated to tackling gender discrimination and promoting gender equality. Through the 2006 Equality Act, it has become part of a wider equality and diversity body: the Commission for Equality and Human Rights (EHRC), in existence since 2007. The EHRC has taken over the EOC’s missions, together with those of the Commission for Racial Equality (CRE) and the Disability Rights Commission (DRC). The EOC was a longstanding speaking partner of the MoD, as will become appar- ent throughout this chapter. In France, the Haute Autorité de lutte contre les discriminations (HALDE), created in 2004 and renamed Défenseur des droits in 2011, is somewhat equivalent in intent to the EHRC. While its scope of action is wider, its power has proved less commanding so far. 3. Indeed, two applications for judicial review – one of which was sought by the EOC on behalf of two former female soldiers – led the Ministry of Defence to recognise that such a policy actually stood against the provisions of Directive 76/207/EEC (on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions). As a result, maternity leave arrangements were introduced in August 1990 and com- pensation schemes devised throughout 1991 and later. Awards varying from £10,000 to more than £100,000 were granted to dismissed female soldiers (on this issue, see Arnull, 1995). 4. Women remained excluded from submarines and from mine clearance diving until 2010. The reason given for this exclusion was medical (i.e. not related to combat effectiveness). Although it had generated considerable discussion, particularly with the EOC, during the 2000–2001 Select Defence Committee Inquiry on Personnel Policy, the ban was waived without much debate 10 years later. On 22 November 2010, the MoD simply announced: ‘First Female to train as a Royal Navy Minewarfare and Clearance Diving Officer (MCDO) has graduated from the Defence Diving School’ (MoD, 2010c). Concerning women serving on submarines, newspapers have reported on the planned policy change (see Drury, 2010; Kay, 2010; Smith and Oakeshott, 2010). The fact that women will be able to serve on submarines in the British military seems to be related to the US decision to waive its own restrictions in these matters (linked to manpower shortage, apparently). 5. Indeed, La Pergola admitted that there is ‘no evidence of any such risk of adverse effects’ (Sirdar, Opinion, § 33) induced by the presence of women and that the ‘Court’s finding ... was not based on any actual evidence but merely on unsubstantiated forecast by the competent authorities’ (ibid., Notes 127

§ 34). Drawing on the Leifer case (C- 83/94), which established that ‘depending on the circumstances, the competent national authorities have a certain degree of discretion when adopting measures which they consider to be necessary in order to guarantee public security in a Member State’, La Pergola thus recommended to ‘leave these and similar appraisals to the national authorities which have made the choice – which, in a democracy, must always be based on reasoned and responsible decisions – to maintain the traditional male composition of a vanguard unit of the armed forces’ (Sirdar, Opinion, § 33). 6. The EOC followed a similar line of argument concerning women’s exclusion from submarines: ‘We believe that the Royal Navy may be unlawfully discriminating against all women because of a possible perceived danger to a few. The additional daily payments to submariners mean that this is also an equal pay issue for women in the Navy’ (EOC, 2001, § 6.5). 7. Opportunities to enjoy flexible work arrangements were provided from 2004 and, at the end of the decade, a range of possibilities had been made available, namely unpaid leave, special annual leave, compressed hours, home working, variable start/finish times, career breaks (see NATO report, 2006, 2008a, 2009). The Directorate Service Personnel Policy Service Conditions nevertheless underlined that ‘[t]hese provisions are granted at the discretion of the Service and are only permitted where they do not compromise operational capability.’ (NATO, 2006). It further stressed that ‘[t]he take up rate of these initiatives is ... relatively low’ (NATO, 2007). Other measures, resonant with the EOC’s concerns with maternity and child care, were taken. Indeed, reviews of family provisions were conducted and difficulties concerning child care arrangements (for men and women) were identified as key drivers behind short service duration. Difficulties concerning family commitments (child and elder care especially) were, for their part, detected to hamper the career progression of servicewomen (see NATO, 2004, 2006, 2009; EOC, 2001, § 5). In order to address these predicaments, the RAF decided to provide extensive child care facilities from 2003 with support of the RAF Benevolent Fund. Unfortunately, crèches were not introduced on a tri- Service basis and the necessity to extend the crèches system to the other Services was highlighted again in the 2010 Military Covenant Report (Strachan, 2010, pp. 15–16). Other family- friendly initiatives included, for instance, the extension of maternity provisions as well as measures concerning paternity leave and adoption leave in the wake of the 2006 Work and Families Act and a ‘salary sacrifice system’ (i.e. a voucher system with which parents can pay for child care, thereby allowing for savings on tax and National Insurance Contributions). Furthermore, a health in pregnancy grant (£190) was introduced in 2009, as part of a UK- wide government program intended to ‘support the general health and well- being of women in the later stages of pregnancy’ (NATO, 2009). 128 Notes

8. On the actions taken, see MoD, 1998, §§ 41–44. The work of the MoD as regards ethnic minorities followed a case of discrimination in the Household Cavalry, which triggered involvement of the CRE. The CRE threatened to issue a non- discrimination notice on this occasion (on this point, see for instance Dandeker and Mason, 2001, pp. 219–220). 9. Although things evolve in time, even if on a modest scale. Thus it was reported in 2004 that the Navy (on behalf of other services) studied the possibility of establishing support networks for female Service personnel (knowing that there already exists career support networks for ethnic minority personnel) (see NATO, 2004). Maybe more crucially, the Royal Air Force launched, for its part, a five year strategy from 2008 (as part of the ‘Combined Recruiting Youth and Gender High Level Action Plan’), including a mentoring scheme targeting girls (from 13) in order to encourage them to study technical and scientific subjects. This was conducted with the support of Women in Science and Technology as well as sponsorship by the United Kingdom Resource Centre for Women’s Annual Conference entitled ‘Tomorrow’s Women, Tomorrow’s and the Female Young Engineers Competition (see NATO, 2009). 10. The EOC stressed that PSS(R) also helped bypass a system that revealed ‘potentially unlawfully discriminatory against men’ (EOC, 2001, § 4.2.3) since men who did fulfill the standards relevant to women had to be rejected in the alternative ‘gender fair’ selection system. 11. The inquiry was published in 2006 as the two-volume Duty of Care report (Defence Committee, 2005a, 2005b). Its ensuing recommenda- tion concerning the creation of a Service Complaints Commissioner (see Defence Committee, 2006a, 2006b) was made real through the Armed Forces Act 2006 (and effectively created from 1 January 2008). Another review, known as the Blake review was published in 2006 on the Deepcut Barracks deaths; a further report by the Army Board of Inquiry was made public in May 2007. 12. But it was publicised. The MoD had, as part of the agreement signed, to make a public statement acknowledging that ‘sexual harassment exists within the Armed Forces’, that ‘they are determined to take steps to prevent and deal with such harassment’ and that ‘they are committed to working with the [Equal Opportunity, later renamed Equality and Human Rights] Commission’ (MoD, 2005, § 8, p. 7). Follow- up reports were also issued (see for instance MoD, 2006a). 13. The Action plan included an impressive number of social scientific as well as bureaucratic tasks to accomplish. Two surveys were conducted, one for servicewomen in 2005 and another one for servicemen in 2007 (a third one, the Combined Harassment Survey, was published in 2009). Other data had to be gathered and reviewed (e.g. data generated through focus groups), work on complaints procedures and the way to improve them had to be undertaken, monitoring mechanisms relating to the resolution of harassment cases had to be enhanced, mediators had to be trained and employed in order to settle cases and raise awareness in Notes 129

the Services, an assessment of current harassment policies, available hel- plines and gender equality and diversity training was to be accomplished and other actions still had to be led. The 2007 NATO report stated: ‘The UK Chief of the Defence Staff and Government Ministers are taking a very personal interest in this work’ (NATO, 2007). (Concerning training, it is to be noted that a Tri-Service Equal Opportunities Training Centre was created at the Royal Military College of Science at Shrivenham in 1998, now renamed the Joint Equality and Diversity Training Centre (JEDTC). It currently offers three courses: one for senior military officers and senior civil servants; one for Equality and Diversity Advisors; one for Assistant Equality and Diversity Advisors. See http://www.da.mod.uk/ colleges/cmt/leadership- and-management/joint- equality-and- diversity- training- centre- jedtc [accessed 14 December 2010]). 14. The EDS applies to the Armed Forces, civilian personnel of the MoD and the Military Police. Only those sections applying to the Armed Forces are of interest here. 15. These developments have to be placed within a fast evolving legislative environment, which has tended to achieve, over the past 15 years, a rap- prochement between military and civilian legal frameworks. Rubin had indeed noted the emergence of this trend from the mid- 1990s already, giving the example of sections 21–27 of the 1996 Armed Forces Act which made it possible for ‘members of the armed forces to take complaints of discrimination in regard to race, gender and equal pay to employment tribunals’ (see Rubin, 2002, pp. 49–50). Further, the legal framework applicable to the military was unified across Services through the 2006 Armed Forces Act. 16. The 2006 Equality Act also focused on religion or belief, and sexual orientation. Other ‘equality dimensions’ had been dealt with in other pieces of legislation, such as the 2000 Race Relations (Amendment) Act (amending the 1976 Race Relations Act), which created its specific statutory duty. 17. The Equality and Diversity Scheme 2008–2011 (MoD, 2008a), for its part, sets out a range of objectives to be met and action plans to be implemented (cross- diversity strands or diversity strand only). It also develops monitoring tools and mechanisms. Concerning gender specifically, it includes raising awareness in matters of gender equality, engaging ‘with the local women’s networks and MoD Women representative’ and working ‘towards increasing the number of women recruited, promoted from Band D to SCS’ (MoD, 2008b, p. B-30). Further, a ‘measurable output/outcome’ is spelt out, a schedule established and a dedicated service identified. Finally, significant policies now have to be reviewed or developed in light of equality and diversity objectives through the Equality and Diversity Impact Assessment Tool (EDIAT) (see MoD, 2008c). 18. One- off events do not compare, according to the Minister for Defence Personnel, Welfare and Veterans (DPWV) and the Service Chiefs, to 130 Notes

the situation of those involved in ground combat roles, that is of those engaging in combat activities on a daily basis (see MoD, 2010a, § 11). The frequency of encounters constitutes the main criterion for distinguish- ing between combat and non- combat positions. 19. While the 2002 inquiry took place in the aftermath of the 1998 Strategic Defence Review (MoD, 1998), which had very much set the focus on personnel policy issues, the 2009/2010 inquiry was conducted in anticipation of, or in parallel to, the 2010 Strategic Defence and Security Review (MoD, 2010b), which clearly did not grant personnel issues the same place. 20. Together with their male comrades, female soldiers were asked about the incident(s) in which they took part, the quality of leadership in such situation(s), perceptions of male/female distinction in this context and the strength of cohesion as well as factors affecting it, be they related to women or not. For the quantitative part of the study, a questionnaire was sent to almost 15,000 male and female soldiers (with a response rate of around 15 per cent). For the qualitative part, 150 in-depth interviews were conducted. 21. Time, common exercises and accumulated experience contribute therefore, in essential ways, to the building of trust amongst the members of the team and hence to team cohesion. This has implication regarding diversity. If read together with the review of academic literature (Dstl, 2009, pp. 35–42), these results indicate that diversity is in fact not necessarily good in itself for the trade. Rather it is proper to formulate the relationship that way: task-oriented teams can accommodate diversity. Such findings obviously cast a different light on the official position of the Ministry of Defence and the business case for diversity expounded in the Unified Diversity Strategy. Regarding team cohesion strictly speaking, it is to be noted that individuals’ qualities also make a difference, according to Berkshire Consultancy Ltd, namely the fact that people are more senior; that they are (or not) in a leadership role; that they have served for a longer period of time. 22. Still, the quantitative report underlined the fact that cohesion was expe- rienced to be lower when the team had operated fewer times together and when the number of women in the group was higher than 3. 23. Berkshire Consultancy Ltd writes in its quantitative study that ‘it was recognised that women need to have time and opportunity to prove themselves, particularly as some men’s pre- existing attitudes and expec- tations of women were more pessimistic than optimistic about their capabilities (especially when they were unused to working with women).’ (2009b, pp. 42–43). 24. As an example, the RAF can be cited: it has developed ‘a Joint Roadshow for pre-teens with British Aerospace Systems ... to challenge gender stereo- typing’ (NATO, 2009), as part of the ‘Combined Recruiting Youth and Gender High Level Action Plan’ reported earlier on note 9. 25. It came into effect on 1 October 2010 (although government was still consulting on secondary legislation at the time of writing). Notes 131

26. In any case, it is definitely enlightening to note that amongst the 18 countries reviewed, the combat exclusion for women is now only in effect in the United States and the United Kingdom. The Secretary of State for Defence of Australia (a country which was initially included in this small group), announced in April 2011 that the principle of exclusion of women from ground combat roles would be revised. 27. Of course, these perceptions, as well as the policies which reflect them, stand at odds with the ‘significant changes in the way in which soldiers now engage the enemy’ and particularly the fact that women do ‘find themselves drawn into close combat situations’ (Dstl, 2009, p. 34). This is the reason why Defence Science and Technology Laboratory (Dstl) recommended in its report to invent, ‘at the very least’, a new terminology to describe ‘both current and future battlefields’ (ibid.) and hence to elaborate plausible justification for the continuing exclusion of women from combat positions. 28. Gurkhas are a different matter, evidently. The fact that the British Army recruits soldiers from Commonwealth countries since 1998 might also change this in the long run. However, this remains to be examined.

4 Germany – Safeguarding the Family

1. Lots of debates probably took place within the women’s movement and elsewhere, but those debates, as well as their influence on policy outcomes, are difficult to trace through the chosen research strategy in this book. 2. During the post-Cold War era, the supremacy of parliament was indeed reinforced. Following a heated debate on the partaking (or not) of German troops in so-called out- of- area operations (that is, in operations taking place outside of the geographical scope of the NATO Treaty) at the time of the conflict in the former Yugoslavia, the Constitutional Court (Bundesverfassungsgericht) pronounced itself in favour of the involvement of the German armed forces on the condition that the ‘armed forces should not be left only to the executive as a potential power, but should rather be integrated as a ‘parliamentary troop’ in the democratic legal constitutional order’ (BVerfG, judgment of 12 July 1994, quoted in Wissenschaftliche Dienste des deutschen Bundestages, 2003, p. 24). 3. The deliberations of the German Defence Committee are not open to the wider public. Members of the Bundestag and of the Bundesrat, as well as members of the government and their delegates exclusively take part in its meetings. The Defence committee has important responsibilities in the preparation of parliamentary debates and votes. It completed a con- fidential report on women’s military participation after the judgment of the ECJ over the Tanja Kreil case in 2000. 4. The institution of the Parliamentary Delegate for Defence was created on 19 March 1956 through the addition of article 45b to the Constitution. This institution has been conceived as an interface between Parliament and the armed forces. Every soldier can individually and directly contact 132 Notes

the Delegate to voice complaints or concerns. Further, the Delegate is required to report her/his activities to Parliament every year and control the armed forces on behalf of German representatives, namely with regard to the compliance of the German military institution with human rights (see Grundgesetz). The role of the Wehrbeauftragter goes well beyond that of the Service Complaints Commissioner instituted in 2006 through the Armed Forces Act in the UK (which followed from the death of four soldiers at Deepcut) and has strictly no equivalent in France. 5. Indeed, unlike their French and British colleagues, German soldiers have the opportunity to defend their rights and interests through a professional organisation, the German Union of the Bundeswehr (Deutscher Bundeswehrverband), which was founded as early as 14 July 1956 (Bald, 1994, pp. 65–69). The Bundeswehrverband provided support through its in-house lawyers to Tanja Kreil against the Ministry of Defence, and later took position re the provisions contained in the successive bills that were discussed in German Parliament, namely with regards to the introduction of part- time work. The exact bearing of its action can only be grasped with uncertainty within an inquiry that focuses primarily on publically available written materials. It has, in any case, unmistakably taken part to the dispute. 6. A few scientific studies on the topic do testify to such interrogations. See Adler (2000) on this point. 7. These included mainly the perceived risk of a further militarisation of society or alternatively, but rarely, the alleged problems to be anticipated if women were to be recruited in combat units. 8. The PDS was the reformed Communist party of the German Democratic Republic (GDR). Since 2007, it merged with the WASG (Wahlalternative Arbeit und soziale Gerechtigkeit) to form a new party, Die Linke. Counting the famous Gregor Gisy amongst its members, Die Linke was headed jointly by Lothar Bisky (former head of the PDS) and Oskar Lafontaine (former head of WASG, dissident from the socialist party i.e. the SPD) until 2010. Their successors are Gesine Lötzsch and Klaus Ernst. 9. For a short presentation of the position of the different political parties on the issue, see Kümmel, Klein and Lohmann, 2000, pp. 22–23. 10. During the sessions devoted to this question, some MPs did not hesitate to contest the legality of the judgment of the European Court of Justice. They claimed that this judgment actually impinged on a domain falling beyond the realm of competence of the Court (i.e. the defence sector) (14/128, 27 October 2000, p. 12340). 11. Men had to serve for nine months – instead of the previous ten – from 1 January 2002, according to the Law on the New Orientation of the Armed Forces (Bundeswehrneuausrichtungsgesetz – BwNeuAusrG). In 2009, it was decided to shorten (again) male military service to six months and a commission was formed to make proposals towards the planned re-organisation. However, the discussions which had started relative to Notes 133

military service among coalition partners (CDU, CSU, FDP) in the new Merkel government after the September 2009 elections led to a more radical and actually widely unexpected conclusion: on 14 December 2010, the Kabinett decided to waive military service altogether. This took effect in July 2011. 12. The main dissensions were actually to do with the question of the need (or not) for constitutional change. Members of the SPD indeed argued that a modification of article 12a of the Constitution was not necessary. Law experts had demonstrated that the recruitment of women in the military on a voluntary basis would certainly be compatible with the formulation of article 12a, while forbidding at the same time their compulsory enrolment (see 14/128, 27 October 2000, p. 12339). In spite of the repeated suggestion of the government and of some SPD members that the old version of article 12a could fit the new situation, a majority of MPs pronounced itself for the establishment of a ‘sure legal basis for sending women in operations involving the use of weapons’ (ibid., p. 12340). 13. The FDP later reappraised this position (though not on pacifist grounds) and campaigned actively for the professionalisation of the German armed forces. 14. Though the last part of paragraph 4 of article 12a has remained uncom- mented on, it is worth observing that it entails the possibility for the government to mobilise women to ‘serve in the civilian medical and cure units as well as in permanent local hospitals’ in case of a defence or security emergency (Dienstleistungen im zivilen Sanitäts- und Heilwesen sowie in der ortsfesten Lazarettorganisation). This means that the government reserves the right to conscript women for non- military jobs if the circumstances require it. 15. Analysts had long noticed the low ‘rate of military participation’ of young men of a same age group (particularly since the end of the Cold War) and accordingly described the German system as a system of ‘pseudo- conscription’ (for instance, Haltiner, 1998, p. 147). In the same spirit, others have spoken of an ‘all-volunteer force in disguise’ (Kümmel, 2006). 16. The conscripts denounced the fact that ‘free choice’ (Kür) was proposed for women, while ‘duty’ still prevailed for men; they advocated the introduction of conscription for women as a way of establishing equality between the sexes in the sense of article 3 of the German Constitution (14/5400, p. 23). This article stipulates, according to its 1994 version, that the ‘State supports the actual implementation of equal rights between men and women and takes action in order to eliminate existing disad- vantages’ (art. 3, § 2). Discrimination based on sex is explicitly forbidden in the subsequent paragraph. 17. One of the last instances of such a battle dates back 2009, when the Bundesverfassungsgericht (BVerfG) rejected a submission from the Constitutional Court (Verfassungsgericht) in Cologne which had ruled 134 Notes

the unconstitutionality of the current conscription system (see 17/900, p. 46). 18. Revisions of the conscription system were made accordingly. For instance, the Law towards the Modification of Military Law from July 2008 (Wehrrechtsänderungsgesetz – WehrRAndG 2008) extended the range of possibilities available to young men in order to postpone military service so as to complete training and achieve full professional qualification. 19. The Kabinett is composed of the head of government and federal Secretaries of State. 20. Although some isolated MPs argued in a contrary direction (see for instance 14/128, 27 October 2000, p. 12347, p. 12384; see also 14/69, 11 November 1999, p. 6253). For a synopsis of later initiatives taken by Die Linke, Bündnis 90/Die Grünen and the FDP, see the account of the Wehrbeauftragter in his 49th report, 16/8200, 4 March 2008, pp. 31 ff. 21. For example, in the session on 24 November 2004, a CDU/CSU MP declared that ‘[w]e hold conscription to be necessary because of security and socio-political reasons’ (15/141, 24 November 2004, p. 13110) while his SPD colleague asserted a bit later: ‘[w]e hold conscription to be the best and the most modern form of defence, as ever’ (ibid., p. 13111). 22. A resolution inviting the government to draft a comparable law for the military sector was voted during the last reading of the 2001 Law (14/7074, 10 October 2001). 23. Section 5, for its part, instituted a requirement to report on the implementation of the Law, while section 2 was devoted to the fairness of the recruitment process. 24. The quotation goes on: ‘The bill of the red- green government provides instead that women have to be given preference in matters of professional advancement. ... The FDP demands ... that women shall progress according to the division’s regulation (Laufbahnverordnung) through qualification, capability and achievement – these are the essential criteria for decision – in the same way as male soldiers do up to the top- ranks’ (15/141, 24 November 2004, p. 13099). While refusing the quota system proposed by the government and supported by the SPD and Bundnis 90/Die Grünen parliamentary groups, the CDU/CSU and the FDP nevertheless accepted and even promoted the setting up of targets. Yet, they privileged targets that would be set (for instance) according to the total number of the members of an age group and thus be revisable, rather than quotas fixed in relation to the total human resources of the German armed forces (see for instance 15/3960, 20 October 2004). 25. It is to be noted that 2004 is also the year in which ‘gender mainstreaming’ was introduced in the military institution (on this point, see for instance 16/7920, p. 16). Gender mainstreaming involves the pursuit of equality strategies. It consists of integrating ‘a gender equality perspective in all policies at all levels and at all stages’, according to the definition Notes 135

of the Council of Europe (2004, p. 12). However, ‘gender mainstreaming’ does not feature in the parliamentary debates examined here. In a response made to FDP MPs (before the party joined the new coalition) as regards the actions taken on issues of gender mainstreaming, the government explained that (a) provisions included in SDGleiG fulfilled the goal, as did (b) the training modules which had been elaborated and dispensed throughout the years 2003 to 2004 in military schools (see 16/10376, p. 22). 26. On rare occasions only, it was simply stated that ‘in our present- day societies, the different physical characteristics of men and women are not accepted anymore as a reason for discriminating women in professional life’ (see 14/69, 11 November 1999, p. 6249). Alternatively, it was stressed that ‘no convincing reason to exclude women from combat positions’ could actually be given, namely because ‘physical strength does not matter in relation to lots of our highly technological occupations’ (14/52, 8 September 1999, p. 4404). 27. Before the 2001 Law on Equality was passed, the CDU Wehrbeauftragte, Claire Marienfeld, had raised the issue in her 1999 report (14/2900, 14 March 2000). A few MPs had supported her and argued that ‘part- time work, which should equally be granted to male soldiers, is not simply transposable to the troops’, underlining that ‘the preservation of operational capability has to remain determining for the organisation of the service’ (14/127, 26 October 2000, p. 12201). In 2004, others made general statements such as: ‘the job of soldier is not a job like any other. For those who risk their lives in order to protect our lives, other criteria have to be established. That’s why regulations applicable to civil service are not to be transposed on a one to one basis’ (15/141, 24 November 2004, p. 13105) or ‘because of its history and structure, the Bundeswehr is another employer than the civil service’ (15/141, 24 November 2004, p. 13104). Such statements remained without effect. 28. In a debate celebrating the 40 years of existence of the German armed forces in 1995, a Bündnis 90/Die Grünen MP expressed this view viv- idly by denouncing the efforts of FDP members to use this event as yet another rostrum for their campaign in favour of the integration of women in the military: ‘You have underlined yesterday, that precisely women had played an essential role in the construction of the Bundeswehr. This is, in my view, a slap in the face of these “rubble women”, who have put away the rubble of fascism in Germany. These women have played an important role in the fundamental antimilita- rist and pacifist conviction of our society’ (13/65, 27 October 1995, pp. 5575–5576; see also 14/69, 11 November 1999, p. 6252; 14/107, 7 June 2000, p. 10014). 29. After the amendment of article 12a was passed, such idea appeared again briefly under another mask. Some recycled it as the allegedly innate female pacifying skills of communication, understanding, inclusiveness, etc. which were said to contribute particularly well to the de-escalation 136 Notes

process in conflicts: ‘In short, the armed forces have today to get pre- pared for other missions than ten years ago. Therefore, they partly need other competencies. Women bring these competencies’ (14/128, 27 October 2000, p. 12344). 30. The demand to introduce part-time work in the military had long con- stituted a theme for political parties and the German Military Union (as early as 1995, see for instance 13/1786, Q. 23). 31. Or to put it differently, mothers working in the military ought to ‘have the same rights, as mothers have in all other sectors of society’ (14/127, 26 October 2000, p. 12195). 32. The only initiative that has had a substantial effect is the so called ‘Parent- Child- Working Room’ which allows parents to take their children aged between 6 months and 18 years old with them on their work- place in case of emergency for a maximum length of 20 days per year. While 36 such Rooms existed in 2008, it was announced in 2010 that another 2000 rooms would be equipped (each on a 1000 Euros budget maximum). 33. Concerning child care, the government explained in its response to FDP MPs in 2008 (16/10376, p. 3) that military personnel will benefit from the policies that have been adopted at a federal level, in particular from the Law on Daily Care (Tagesbetreuungausbaugesetz – TAG) which gives parents a legal claim to a space in child care facilities for all children aged between 1 and 3 by 2013–2014. It would seem that the position of the German Ministry of Defence is to wait for this child care system, which is in the hands of the Länder and the local authorities, to be in place. 34. Other practical and institutional difficulties can be mentioned: for instance, the lack of support for Equal Opportunity Commissionners (Gleichstellungsbeauftragte) in the years following the passing of the Law on the Implementation of Equality between Male and Female Soldiers in the Bundeswehr (SDGleiG). The bleak – if predictable – perspectives on the fulfillment of the quotas, be it in the medical services or elsewhere is another instance of such difficulties. In its report on the quota system (according to § 4 of SDGleiG), the government indeed stated that the objectives set in law would remain difficult to achieve given the fact that female military participation was dependent upon unstable political, security, economic and demographic parameters (see 16/7425, p. 12; also NATO, 2008b). Further, the government itself acknowledged in its report on the implementation of SDGleiG (according to § 24) that the promotion of women soldiers and the fight again sexual harassment had been neglected by the services (see 16/7920, p. 27). 35. While the Wehrbeauftragter noted that, in 2007, 1 per cent of male soldiers and 10 per cent of women soldiers worked part- time (16/10376, p. 13), he pointed to the fact that, in 2010, as many men as women asked for parental leave (17/4400, p. 11). Notes 137

5 France – Achieving Equality

1. The commissaire du gouvernement, called since January 2009 a rapporteur public, is a member of the Conseil d’État who sets out the case and the relevant legal texts. He/she also gives his/her impartial and justified opinion on the question, but does not take part in the deliberation. 2. A decree is an administrative act signed by the President of the Republic or the Prime Minister. An arrêté is an administrative act endorsed by another authority than the President of the Republic or the Prime Minister (for instance, a Secretary of State or a City Mayor). A decree is therefore located in a more prominent position than an arrêté in the hierarchy of legal norms; a directive, for its part, lies even lower on the scale (not to be confused with the EC Directives discussed in Chapter 2). 3. The Collège Interarmées de la Défense was set up in the aftermath of the first Gulf War in anticipation of the construction of a European Defence force. It was created in 1992 to replace from 1 September 1993 the three écoles supérieures de guerre of the Army, the Navy and the Air Force, the école supérieure of the gendarmerie, the école supérieure de guerre interarmées and the cours supérieur interarmées (see Decree no. 92-1345, art. 6). Only high- ranking officers attend this school, after having gone through vari- ous tests (concours). At the beginning of 2011, it was renamed by its old name: École de guerre. It is the equivalent of the Staff College in the United Kingdom. 4. Its decrees of application issued in 1973 also confirmed the dual recruitment and employment scheme (through separate schools, functions and career paths) that had been put in place from 1951 (that is, when women received, for the first time, military status) (Sorin, 2003). Nevertheless, more positions were opened to women in the years 1975 and 1976. Further, as a result of the ‘thirty measures’ taken by the then Secretary of State for Defence, Charles Hernu (see Commission d’études prospectives de la femme militaire, 1982), separate female military schools were gradually closed from 1983, so that women could integrate into the long-standing military institutions so far reserved for men (see Reynaud, 1988, pp. 56–58). 5. For a more extensive list, see for instance Haquet, 2000, p. 344, note 12. It is to be noted that some of the limits set through the quota system were planned to gradually go up (see for instance Decree no. 86–589, which provided that the percentage of women should raise from 3 to 4.5 per cent between 1986 and 1989). 6. The Conseil d’État also has unique competence in matters pertaining to regional and European elections. 7. Further, it should be noted that persons working for the Conseil d’État as lawyers always have been, or will be, active as a staff member of high (i.e. ministerial) administration of the French state at one point of their career. 8. The jurisprudence of the European Court of Human Rights (specifically the cases Procola, Kleyn and Sacilor-Lormines from 1995, 2003 and 2006) 138 Notes

has had to do with issues pertaining to the organisation of bodies fulfill- ing dual legal functions, such as the Conseil d’État (similar institutions can be found in Luxembourg and the Netherlands), and has resulted in reform of these bodies. 9. In line with the Roudy Law from 13 July 1983 – from the name of her instigator, Yvette Roudy, Secretary of State for Women’s Rights during Mitterand’s first term of office – which contained formulations that are reminiscent of Directive 76/207/EEC and its article 2(2) regarding accepted exceptions to the principle of equal treatment (namely by virtue of the nature of the task or the conditions in which it is performed). 10. The importance of the conclusions of Savoie does not only come from the fact that his suggestions have been followed in the final decision; also, written judgments in France are, unlike in the United Kingdom, extremely short and give little account of the deliberation. Savoie’s conclusions are thus the only place where it is possible to find the details of the arguments that were taken into account and lead to the judgment from 11 May 1998. 11. French public service is divided into ‘corps’, that is professional groups having the same statutory conditions. Unlike the English use of ‘corps’, which tends to have military connotations, the term’s meaning in French has a much wider extension – it refers to professional categories within public service and entails, at the same time, a hierarchical connotation captured in English in the term ‘rank’. 12. France was brought before the ECJ for failing to implement Council Directive 76/207/EEC on ‘equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions’ and hence for failing ‘to fulfill its obligations under the [EC] Treaty’ (see C- 318/86, § 1). After the Commission had lodged its application at the Court Registry on 18 December 1986, France passed legislation in order to reduce the initial list of targeted positions. Ultimately, the case only concerned one function within the profession of custo- dial staff in prisons, that is the surveillants chefs (head warders) responsible for the direction of prisons, and five professions in the national police force: 1) the commissaires (inspectors and super- intendants), 2) the commandants and officiers de paix (no strict equivalent in English), 3) the inspecteurs (detectives), 4) the enquêteurs (investigators), and 5) the gradés (sergeants) and gardiens de la paix (constables) (see C-318/86, §§ 18 and 19). France was nevertheless condemned, and only two positions in the civilian public service were still applying ‘differentiated recruitment conditions based on sex in 1998: the attachés des maison d’éducation de la légion d’honneur (no equivalent in English) and the surveillants des services extérieurs de l’administration pénitentiaire (prison warders)’ (Conseil d’État/Savoie, 1998, pp. 3–4). 13. The only military case he mentions, namely the Mlle Martel case from 1993, features next to another, non military case (Savoie, 1998, p. 3). In so far, the jurisprudence that is referred to is never specifically military: the Notes 139

reasoning that sustains it is equally used in civilian and military cases. Marie-Christine Martel had qualified as a mechanical engineering officer in the Air Force and been denied access to the Air Force Officer Corps. Consequently, she contested the fact that women, while being trained in the same school as male students, were not allowed to apply for and access the same range of positions. The Conseil d’État found in her favour in a judgment from 1993, considering that neither the nature of the job, nor the conditions in which it is performed justified such discrimination. This led, in 1996, to the full opening of the Air Force Officer Corps to women. 14. As explained, this decree indeed ‘suppressed the principle of limitation of access of women to military careers’, while requiring ‘a further decision of the Secretary of State for Defence regarding the circumstantial specification of positions that can only be held by men’ (see Decree no. 98– 86). 15. The basis for the lifting of statutory differences between male and female personnel was established in the 1975 military statute (no. 75–1000). 16. The Conseil d’État indeed decided against the Secretary of State for Defence and compelled him (Alain Richard in 1998) to retroactively nominate Claire Aldige on the list of the trainee officers in the Supply Corps from 1 September 1996 (see Conseil d’État, 11 May 1998, Mlle Aldige). 17. In the Army, this also meant that women could apply to and be trained in all positions, including combat units, but that occupational restrictions would occasionally apply in crisis situations (on a case by case basis according to the decisions of the command), and systematically apply in war times, except for administrative and technical units (Arrêté, 29 April 1998, § 3). (See the internal Directive to the Army No. 760059/ DEF/PMAT/EG/S, issued on 20 January 1999.) Such a measure – which was short- lived – is reminiscent of the solution favoured in Germany through the 2004 Law on the Implementation of Equality among Female and Male Soldiers (SDGleiG) (see Chapter 4). 18. In line with article 2(2) of Directive 76/207/EEC according to which the sex of the worker can constitute a determining factor in the context within which a given professional activity is performed. 19. Until 2008, the gendarmerie belonged, institutionally speaking, fully with the Ministry of Defence. Since 1 January 2009, the gendarmerie has been brought under the budgetary umbrella of the Ministère de l’Intérieur (equivalent to the British Home office); however, the personnel of the gendarmerie have retained military status. Today, four other European countries have gendarmeries (i.e. military police units), namely Italy, Spain, Portugal, and the Netherlands. These countries have agreed to create a force of 800 gendarmes, the EuroGendFor (EGF), to carry out European-wide missions from 2004. Since 2008, Romania has joined the five founding- members. See http://www.eurogendfor.org/ [accessed 16 March 2009]. 140 Notes

20. It is to be noted that the Légion étrangère does not count amongst the corps that have remained closed to women. However, the legal opening has not so far impacted on the composition of the core of its troop: while female NCOs serve in administrative and organisational duties under a general military status, no female foreign legion soldier has been recruited yet. 21. The French title is the following: La Politique d’Équilibre d’Emploi Hommes- Femmes dans les armées. 22. Of course, I am only talking here of documents entailing an explicit evaluation of the legitimacy (or not) of the extension of existing recruitment policies directed at women. 23. Note that the percentage of French women in full-time employment is high compared the two other countries considered in this book. This is accountable to a large publically funded crèches system as well as gener- ous fiscal support for private child care arrangements. 24. Its main aims were to collect data on women’s military participation and to offer a forum for representatives of each Service to discuss experience and good practice. The members of this Committee used to meet four times a year and they did so until the year 2005. From then on, their activities dwindled and a last document was published in 2006 (see Observatoire de la féminisation, 2006), as a sort of précis of the work that had been accomplished. 25. The commissaire du gouvernement Savoie provides us with the only example of the mobilisation of ‘opinion’ (using the analytical category of the sociology of critical societies). At the end of his examination of the Mlle Aldige case, he indeed asks whether or not the quota system, which he recommended declaring illegal and even unconstitutional, was also illegal when it was initially implemented (in the year 1984 with respect to the Aldige case). Considering that ‘[o]bjectively, no changes in factual or legal circumstances have taken place between 1984 and 1998’ (Conseil d’État/Savoie, p. 6) and therefore that the sudden illegal- ity of the quota system could not be accounted for in those terms, Savoie suggests that the answer to this puzzle lies in the fact that ‘the state of the way of thinking [about women] has greatly evolved’ in this interval (ibid.). Opinion is thus invoked as an indirect legitimising factor of more inclusive policies directed at women, and by implication, as the direct legitimising reason of the former quota system. Yet what public ‘opinion’ now wants is not positively stated. The invalidation of ‘public opinion’ is actually consistent with EC law, as the conclusions of the Advocate General in the Kreil case exemplify. 26. Parallel to the measures adopted in the military domain, initiatives in the direction of women civilians in the Ministry of Defence were taken as part of a broader inter- governmental effort instigated in 2000 by PM Lionel Jospin. The focus was set on female promotion to executive positions in public service. A cross- governmental working group – Le Pors Committee – was created in order to identify causes for the Notes 141

under- representation of women and make recommendations. It issued three reports (2002, 2003, 2005). As a result, quantitative objectives (but not quotas) were set within each ministry: the means to reach them var- ied in each case but had mostly to do with improving training and career mobility paths. The Ministry of Defence developed two three- year plans between 2000 and 2006 in order to foster civilian women’s career mobility (which included, again, support to spouses and families). The Ministry of Defence further took part in the Equality Charter initiative (Charte de l’égalité) under the lead of the Minister of State for Parity and Professional Equality in 2004 (see Ministère des Affaires Sociales, 2004), which involved similar actions and commitments. 27. Michèle Alliot- Marie carried on in this function under different govern- ments until 2007 and gained an outstanding reputation as a Secretary of State within the Ministry of Defence. 28. She did so in a hearing of the Conseil Économique et Social (Economic and Social Council), which is a constitutional assembly of socioeconomic actors issuing recommendations to the French government on matters of economic and social relevance and taking part, in theory, in the legislative process. This institution completed a lengthy report on women’s military participation in France in 2004. It consisted of an appraisal of the situation, including an inventory of the problems encountered and a brief comparison with women’s military participation in the United Kingdom, Germany, the United States, Israel and Sweden. See CES, 2004. 29. Some have argued that this is an anomaly, since a law should in principle have been passed in order to endorse the changes effected in the 1990s concerning women’s recruitment. Thus, according to article 34C of the Constitution of 1958, it is ‘the law that sets the rules regarding the fundamental guarantees granted to the civil servants and the military personnel of the state’ (see Haquet, 2000, p. 351). Others consider that the 1972 Law, by establishing the complete equality of men and women in these matters, tackles the issue already. 30. Following the publication of the last White Paper (Livre Blanc, 2008), more power was given to Parliament: the Assembly indeed now is con- sulted for a vote as soon as an external operation lasts more than four months. In other words, the executive is still very much in charge. 31. As in the United Kingdom, military unions are forbidden in France. The Conseil Supérieur de la Fonction Militaire (High Council for the Military Occupation), created in 1969, was thought of as an internal substitute. With the 2005 statute, its mission and functioning were enhanced. Furthermore, the Haut Comité d’évaluation de la fonction militaire (mod- elled after the Armed Forces Pay Review Body in the UK) was created in 2005: its task is to conduct independent yearly examinations of the system of constraints and rewards in force for military personnel. Outside the military institution strictly speaking, an ‘association’ devoted to the protection of the interests of military personnel was born in recent 142 Notes

years, the Association de Défense des Droits des Militaires (ADefDroMil) (see http://adefdromil.org). If its aims and action are clear, its position towards the military institution nevertheless remains ambiguous in the current legal context. 32. The options retained regarding women’s military participation in the new professional military are consistent, however, with the new system of conscription that was put in place in the aftermath of the suspension of military service (from 1998). Through the Journée d’Appel de Préparation à la Défense (JAPD), recently renamed Journée Défense et Citoyenneté (JDC), young men and women of the same age group (18) are identified by the state administration and could be mobilised, irrespective of sex, if the necessity arised.

Conclusion

1. Data is taken from the SIPRI Facts on International Relations and Security Trends database (available online at http://first.sipri.org/ [accessed 21 May 2011]). For purposes of comparability, the US$ equivalent of the quoted expenditure is as follows: France: US $61,285,000,000; Germany: US $46,848,000,000; UK: US $57,424,000,000. 2. The prevalence of such a mystique might nonetheless be shattered – recent debates about the British covenant, and its alleged decay, or indeed the conditions of interventions in Iraq and Afghanistan, together with the arrival of a new generation in senior positions in the military, might alter the terms of the consensus described in Chapter 3. Yet these changes have not yet had policy effects. 3. And in the United States. After the recent announcement by the Australian government that it would open the doors of its combat units to women, the UK remains, with the US, the only liberal country to maintain such a ban. 4. Of course, this has to be related to the child care systems in place in the different countries. 5. The even participation of men and women in professional armed forces also resulted from the debates – conducted in small high-level circles – that took place regarding the suspension of conscription. The new version of the ‘national service’, as codified in Law no. 97– 1019, testifies to the willingness to place both sexes on the same grounds in terms of obligations and opportunities in the military domain. On this point, see C2SD/ CEHD/DSN, 2005. 6. For more details on this point, see, for instance, Laborde, 2000 and 2005. 7. This might partly be linked to the particularities of the body of rules applicable to the services: Rubin notes that ‘[t]he legal governance of the British armed forces is wondrously complex’ (Rubin, 2007, p. 359) and the sources of military law manifold. This fact shows, in and of itself, that the military has long been treated as a rather distant entity from other public bodies. Notes 143

8. Indeed, the Advocate General wrote in his Opinion on the Kreil case that the Court will not accept socio-political arguments such as ‘public opinion demands that women be given greater protection than men’ (Kreil, Opinion, § 23). 9. Boltanski and Thévenot (1991) would qualify this type of justification as ‘eugenic’ and underline that it is not (cannot) be part of the culture of critical societies. The symbolic order is reduced to a minimum in eugenic thought, since biological characteristics are taken at face value. Radical otherness is postulated and claims of justice are thereby rendered impossible. By contrast, the domestic order is not eugenic: thus if women in the domestic order of the family are in a subordinate position, their position is mediated through the idea of lineage and temporality. They can engage in contestation. In other words, eugenic thought establishes a strict difference between those who belong to humanity and those who do not even reach this status. ‘Critical culture’, conversely, works in so far as the postulate of the ‘common humanity’ of all those who take part into it is accepted. 10. In so far, the elevation of the American example to the status of para- digm has led to an impoverishment of the field, namely by concealing the great variety of solutions that have come to prevail across countries. Indeed, women’s military participation in other societies than the American one does not merely offer an illustration, adorned with folk- loric details, of an already known pattern which would consist in oppos- ing military masculinities to civilian womanliness. 11. Barraud writes (2001, p. 49): ‘So one should say that distinction only exists in so far as it is sociologically ascertained.’ 12. Wagner writes that the model elaborated by Boltanski and Thévenot (1991) denotes a comprehension of society not as ‘an encompassing social order but rather [as] multiple agreements – as well as persistent disputes – of highly varying extensions, durability and substance’ (Wagner, 1994, p. 274). 13. The material reviewed pointed to these other dimensions of social life: for instance, in France, the CID report authors stated plainly that ‘if one wants to restrict the number of women for recruitment, one simply needs to adapt the standards for physical tests accordingly’ (CID, 1999, p. 20). They went on: ‘ultimately, the initial training can be led in such a way that women could not go through it’ (ibid., p. 21). In a similar spirit, evidence was gathered concerning the implementation of a (undisclosed) limitative quota system for women in the British military throughout the 1990s. A former officer in the British armed forces reported – though without providing detailed reference – that the quota of 10 per cent applying to women since 1982 started to be (partly) removed in 1992 (Fowler, 2000, p. 143). Woodward and Winter report, for their part, on the suggestion of economists according to which a quota system must have been in place in the military in consideration of the steady statistical figures concerning women in service (Woodward and Winter, 2004, p. 297, note 8). (Revelations regarding the recruitment of ethnic minorities could cor- roborate these suppositions: following the release of documents in the 144 Notes

framework of the Freedom of Information Act passed in 2001, it appeared that statistical limits to the recruitment of ‘coloured people’ were implemented in the Army, in spite of official declarations testifying to the contrary – see Langellier, 2005). In the German case, finally, it can be observed that the measures taken regarding family, part- time work, flexible working and so forth do not seem to be seriously pursued. All these elements would require a proper investigation, so that the full spectrum of social forces impacting on sex distinction in the military in different contexts is identified and understood. 14. In so far, the question of domination cannot be solved on the basis of the present inquiry. The connection between the (legally sanctioned) ability to conduct war (or combatant activities) and the holding of a general status – inferior or superior – in society as a whole remains yet to be studied. In this perspective, it is important to keep in mind that the military has actually not always been considered a respectable male job (see for instance for the French case, Girardet, 1998). Further, it is not sure that the high value granted to martial virtue in the military sphere automatically transfers to other social spheres of activity in today’s liberal societies. Still, it could be the case that the degree of openness of the military profession to women is correlated to the general level of ‘equality’ prevailing in a given society (for a distant example in time, see the Sarmat tribes described by Lebedynsky, 2009). 15. This is to paraphrase Koselleck, who writes that only a few people, if any, would maintain that beliefs, representation, ideas, and norms ‘are simply indicative of the relations which [they] cover’ and not also ‘a factor within them’ (1985, p. 84). 16. To speak of the ‘feminisation’ of the public sphere, as Coker does (see Chapter 1), therefore deeply makes reference to a particular moment in European history, which has lasted no more than one century and was convergent with other important ideological developments: that is, nationalism and evolutionism. To speak as Coker does amounts to endorse these developments rather than to probe them from a social scientific standpoint. 17. Particularly so since the Lisbon Treaty, which has granted unique legal personality to the EU, reaffirmed its commitments to the UN Charter and resulted in the reinforcement of its position in the UN institutional framework. 18. Work on its implementation at a global level has already been published, not least for the 10 years anniversary of the Resolution. See for instance the special issue of International Peacekeeping, 17, 2, April 2010.

Appendix 1 Women’s Military Participation in the UK, Germany and France: Statistical Data

1. The Streitkräftebasis (armed forces base) is the fourth service within the German military (it comes second in terms of strength). It was created in Notes 145

2000 and hosts personnel from the three other services. It acts as a support service.

Appendix 2 Women’s Military Participation in the UK, Germany and France: Historical Perspectives

1. While women’s military participation has always generated fierce opposition, the creators of the first Army and Navy nursing services during the Crimean War (1854–1856), Florence Nightingale and Eliza MacKenzie, are still well known figures in the United Kingdom and elsewhere today. They are maybe remembered more as ‘formidable ladies’ than as ‘military women’ strictly speaking. 2. The 2002 report on women in the Armed Forces indicates (MoD, 2002b, § 29.a.): ‘The RAF has employed women in diverse areas of employment for a considerable length of time but there have been two significant changes in the last 12 years: first, in common with the other Services, the possibility of further service following pregnancy; and second, the opportunity for females to serve as pilots or navigators. The policy change to allow female pilots and navigators was set in place in 1989. Initially, women were eligible for service to fly multi-engined aircraft and helicop- ters but, in 1991, the policy was again changed to allow them to serve as fast jet aircrew’. 3. See www.iwm.org.uk/upload/package/41/women/WomenWarUnits.pdf [accessed 10 January 2011]. 4. This development was not seen as contravening international humanitarian law, and hence article 12a of the Grundgesetz, since no purpose of participation in combat was attached to such training. Bibliography

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NATO (2001) United Kingdom, Committee on Women in NATO Forces, available online at http://www.nato.int/ims/2001/win/uk.htm [accessed 15 January 2011]. NATO (2004) United Kingdom – National Report, available online at: http: //www.nato.int/ims/2004/win/uk.pdf [accessed 15 January 2011]. NATO (2006) United Kingdom National Report 2006, Committee for Women in Nato, available online at: http://www.nato.int/ims/2006/win/pdf/uk_ national_report_2006.pdf [accessed 15 January 2011]. NATO (2007) United Kingdom National Report 2007, Committee for Women in Nato, available online at: http://www.nato.int/ims/2007/win/pdf/UK- 2007. pdf [accessed 15 January 2011]. NATO (2008a) United Kingdom National Report 2008, Committee for Women in Nato, available online at: http://www.nato.int/ims/2008/win/reports/uk- 2008.pdf [accessed 15 January 2011]. NATO (2008b) National Report of Germany to the Committee on Women in the NATO Forces 2008, available online at: http://www.nato.int/ims/2008/win/ reports/germany-2008.pdf [accessed 15 January 2011]. NATO (2009) United Kingdom National Report 2009, Committee for Women in Nato, available online at: http://www.nato.int/issues/women_nato/ meeting-records/2009/national- reports/uk- national-report- 2009.pdf [accessed 15 January 2011]. Bibliography 157

British materials

Most documents used in the chapter devoted to the United Kingdom have been published by the Stationary Office in print, or on the internet (to be accessed at http://www.parliament.the-stationery- office.co.uk/pa/ld/ ldhansrd.htm). T he major it y of t hem have been dow nloaded f rom t he Selec t Committee on Defence’s website in the House of Commons (to be accessed at http://www.parliament.uk/parliamentary_committees/defence_commit- tee.cfm). The URL and date of access are indicated for each reference. As for documents published by the Ministry of Defence, they were available on the MoD’s website (to be accessed at http://www.mod.uk). In this case too, the URL and date of access are indicated for each reference.

British Law Equality Act 2006 (c. 3), London: HMSO. Equality Act 2010 (c. 15), London: HMSO. Race Relations Act 1976 (c. 74), London: HMSO. Sex Discrimination Act 1975 (c. 65), London: HMSO.

British parliamentary documentation Defence Committee (1998) The Strategic Defence Review, Eighth Report, Session 1997–1998, Vol. 1 and 2, available online at: http://www.publications.parliament.uk/pa/cm199798/cmselect/cmdfence/138/13802.htm#evidence [accessed 20 December 2004]. Defence Committee (2001a) The Strategic Defence Review: Policy for People, Second Report, Session 2000–2001, Vol. 1 and 2, available online at: http:// www.parliament.the-stationery- office.co.uk/pa/cm200001/cmselect/cmdfence/29/2902.htm [accessed 20 December 2004]. Defence Committee (2001b) The Strategic Defence Review: Policy for People, Fourth Special Report, Vol. 1, Session 2000–2001, available online at: http:// www.parliament.the-stationery- office.co.uk/pa/cm200001/cmselect/cmdfence/462/46204.htm [accessed 20 December 2004]. Defence Committee (2005a) Duty of Care, Third Report, Vol. 1, Session 2004–2005, available online at: http://www.publications.parliament.uk/ pa/cm200405/cmselect/cmdfence/63/63.pdf [accessed 1 December 2010]. Defence Committee (2005b) Duty of Care, Third Report, Vol. 2, Session 2004– 2005, available online at: http://www.publications.parliament.uk/pa/ cm200405/cmselect/cmdfence/63/63ii.pdf [accessed 1 December 2010]. Defence Committee (2006a) Armed Forces Bill: Proposal for a Service Complaints Commissioner, Fourteenth Report, Session 2005–2006, available online at: http://www.publications.parliament.uk/pa/cm200506/cmselect/cmdfence/1711/1711.pdf [accessed 1 December 2010]. Defence Committee (2006b) Armed Forces Bill: Proposal for a Service Complaints Commissioner: Government Response to the Committee’s Fourteenth Report of Session 2005–06, Second Special Report, Session 2006–2007, available online at: http://www.publications.parliament.uk/pa/cm200607/cmselect/cmdfence/180/180.pdf [accessed 1 December 2010]. 158 Bibliography

Defence Committee (2008a) Recruiting and Retaining Armed Forces Personnel, Fourteenth Report, Session 2007–2008, available online at: http://www.publications.parliament.uk/pa/cm200708/cmselect/cmdfence/424/424.pdf [accessed 30 November 2010]. Defence Committee (2008b) Recruiting and Retaining Armed Forces Personnel: Government Response to the Committee’s Fourteenth Report of Session 2007–2008, Session 2008–2009, available online at: http://www.publications.parliament.uk/pa/cm200708/cmselect/cmdfence/1074/1074.pdf [accessed 30 November 2010]. EHRC (2008) ‘Memorandum from the Equality and Human Rights Commission’ in Defence Committe (2008) Recruiting and Retaining Armed Forces Personnel, Fourteenth Report, Session 2007–2008, pp. Ev147– Ev152, available online at: http://www.publications.parliament.uk/pa/cm200708/ cmselect/cmdfence/424/424.pdf [accessed 30 November 2010]. EOC (2001) ‘Memorandum from the Equal Opportunities Commission (October 2000)’ in Defence Committee (2001) The Strategic Defence Review: Policy for People, Second Report, Session 2000–2001, Vol. 1 and 2 29-II Minutes of Evidence and Appendices, available online at: http://www.parliament. the- stationery-office.co.uk/pa/cm200001/cmselect/cmdfence/29/2902 . htm [accessed 20 January 2010]. Hansard (2002) House of Commons Official Report, 22 May 2002, Vol. 386, Written Answers. Hansard (2009) House of Commons Official Report, Thursday 25 June 2009, Vol. 494, Written Answers.

British jurisprudence Ministry of Defence v. Cannock and others, Employment Appeal Tribunal, 29 July 1994, IRLR 509 EAT.

Other British official documentation Berkshire Consultancy Ltd (2009) Qualitative Report for the Study of Women in Combat, available online at: http://www.mod.uk/NR/rdonlyres/49C587F5- 5815- 453C- BEB5- B409BD39F464/0/study_woman_combat_quali_data.pdf [accessed 25 January 2010]. Berkshire Consultancy Ltd (2010) Study of Women in Combat – Investigation of Quantitative Data, available online at: http://www.mod.uk/NR/ rdonlyres/9BFD1F54-2AB5- 4CBA- 9E82- 9B413AAFBADC/0/study_woman_ combat_quant_data.pdf [accessed 25 January 2010]. DFID, FCO and MoD (2006) UK National Action Plan to Implement UNSCR 1325, available online at: http://www.gaps-uk.org/img_uploaded/1325%20 NAP%20UK.pdf [accessed 16 March 2011]. Dstl (2009) Women in Ground Close Combat Roles: the Experiences of other Nations and a Review of the Academic Literature, available online at: http://www. mod.uk/NR/rdonlyres/7A18C2A3-C25B- 4FA1- B8CB- 49204A109105/0/ women_combat_experiences_literature.pdf [accessed 25 January 2010]. Bibliography 159

Ministry of Defence (MoD) (1998) Strategic Defence Review, available online at: http://www.mod.uk/NR/rdonlyres/65F3D7AC- 4340-4119- 93A2- 20825848E50E/0/sdr1998_complete.pdf [accessed 15 November 2010]. Ministry of Defence (MoD) (2002a) Women in the Armed Forces. A Report by the Employment of Women in the Armed Forces Steering Group, Summary Report, available online at: http://www.mod.uk/NR/rdonlyres/10B34976- 75F9-47E0- B376- AED4B09FB3B3/0/women_af_summary.pdf [accessed 15 February 2011]. Ministry of Defence (MoD) (2002b) Women in the Armed Forces. A Report by the Employment of Women in the Armed Forces Steering Group, available online at: http://www.mod.uk/NR/rdonlyres/A9925990- 82C2- 420F-AB04- 7003768CEC02/0/womenaf_fullreport.pdf [accessed 15 February 2011]. Ministry of Defence (MoD) (2005) Agreement between the Ministry of Defence and the Equal Opportunities Commission on an Action Plan to Prevent and Deal effectively with Sexual Harassment in the Armed Forces, available online at: http://www.mod.uk/NR/rdonlyres/13856EA1- 1D13- 4872- A5EF- 797D8EA3E025/0/mod_eoc_agreement.pdf [accessed 1 December 2010]. Ministry of Defence (MoD) (2006a) Agreement between the Ministry of Defence and the Equal Opportunities Commission on Preventing and Dealing effectively with Sexual Harassment in the Armed Forces. Progress Report and Phase Three Action Plan, available online at: http://www.mod.uk/NR/ rdonlyres/1B43BA95-6D58- 4DA0- 8E59-57C1B2734ABB/0/EOC_phase_3_ action_plan.pdf [accessed 1 December 2010]. Ministry of Defence (MoD) (2006b) Equality & Diversity Scheme 2006– 2009: Incorporating Race, Disability, Gender, Age, Religion or Belief and Sexual Orientation, available online at: http://www.mod.uk/NR/ rdonlyres/6D31D11A-8764- 4DD8- 9788- D20B5B14CA6D/0/eqdiversity_ scheme2006_2009_ver1april06.pdf [accessed 15 November 2010]. Ministry of Defence (MoD) (2008a) Equality and Diversity Schemes 2008–2011. Incorporating Armed Forces, Wider Ministry of Defence and Ministry of Defence Police, available online at: http://www.mod.uk/NR/rdonlyres/DED73A77- AC14- 4714- 8652- CA29AAD83B5A/0/Equality_Diversity_2008_2011.pdf [accessed 15 December 2009]. Ministry of Defence (MoD) (2008b) Ministry of Defence Unified Diversity Strategy, available online at: http://www.mod.uk/NR/rdonlyres/82F6B303- E1D3- 4D86-AFA1- 801474191DEF/0/UDSreveision2008feb20.pdf [accessed 15 December 2009]. Ministry of Defence (MoD) (2008c) Equality and Diversity Scheme Annual Report 2007–2008, available online at: http://www.mod.uk/NR/rdonlyres/F95B6828- 5283- 4B57-89C2- F8DE6460416E/0/EDS_Annual_ Report_20072008.pdf [accessed 22 December 2010]. Ministry of Defence (MoD) (2010a) Report on the Review of the exclusion of Women from Ground Close-Combat Roles, November 2010, available online at: http://www.mod.uk/NR/rdonlyres/B358460B-4B2A- 4AB5- 9A63- 15B6196B5364/0/Report_review_excl_woman_combat.pdf [accessed 25 January 2011]. 160 Bibliography

Ministry of Defence (MoD) (2010b) Securing Britain in an Age of Uncertainty: the Strategic Defence and Security Review, available online at: http://www.direct. gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/ digitalasset/dg_191634.pdf?CID=PDF&PLA=furl&CRE=sdsr [accessed 15 November 2010]. Strachan, H. et al. (2010) Report of the Task Force on the Military Covenant, available online at: http://www.mod.uk/NR/rdonlyres/3C6A501D- 5A85- 47C9- 9D89- B99C5E428061/0/militarycovenanttaskforcerpt.pdf [accessed on 7 December 2010].

German materials

All references are to the Parlamentarische Vorgänge accessible through the DIP database of the German Parliament at http://dip.bundestag.de. The documents that were used are of two types: one refers to the transcripts of parliamentary debates (stenographishe Berichte); the other includes reports, propositions, and other documents (Anlagen zu den stenogra- phischen Berichten). All working parliamentary documents are given a number (xx/xx), the first of which corresponds to the legislative period, the second to the document itself. The type of document, its number and title are indicated in the following. Concerning the laws mentioned in Chapter 4, the reference to the issue of the Bundestagsblatt (BGBl) in which they were published is given as well as their first page number. They also are accessible through the DIP database, unless indicated otherwise.

German law Grundgesetz, in its 2006 version, available online on the German Government’s website at http://www.bundestag.de/parlament/funktion/ gesetze/Grundgesetz/index.html [accessed 2 January 2009]. Grundgesetz, in its version of 23 May 1949, available online at http:// www.ena.lu/grundgesetz_bundesrepublik_deutschland_23_mai_1949- 030003177.html [accessed 2 January 2009]. Gesetz zur Änderung des Grundgesetzes (Artikel 12a), 19 December 2000, BGBl I 2000 Nr. 56, 22 December 2000, p.1755. Gesetz zur Änderung des Soldatengesetzes und anderer Vorschriften (SGAndG), 19 December 2000, BGBl 2000 Nr. 57, 23 December 2000, p. 1815. Gesetz zur Änderung wehrrechtlicher und anderer Vorschriften – Wehrrechtsänderungsgesetz 2008 (WehrRÄndG 2008), 31 July 2008, BGBl. 2008 Nr. 25, 8 August 2008, p. 1629. Gesetz zur Durchsetzung der Gleichstellung von Frauen und Männern (Gleichstellungsdurchsetzungsgesetz – DGleiG), 30 November 2001, BGBl I 2001 Nr. 62, 4 December 2001, p. 3234. Gesetz zur Neuausrichtung der Bundeswehr (Bundeswehrneuausrichtungs- gesetz – BwNeuAusrG), 20 December 2001, BGBl I 2001 Nr. 75, 28 December 2001, p. 4013. Bibliography 161

Gesetz zur Gleichstellung von Soldatinnen und Soldaten der Bundeswehr (Soldatinnen- und Soldatengleichstellungsdurchsetzungsgesetz - SDGleiG), 27 December 2004, BGBl 2004 Nr. 75, 30 December 2004, p. 3822. Gesetz zum qualitätsorientierten und bedarfsgerechten Ausbau der Tagesbetreuung für Kinder (Tagesbetreuungsgesetz - TAG), 27 December 2004, BGBl Nr. 76, 31 December 2004, p. 3852.

German parliamentary documentation Plenarprotokoll 13/65, 27 October 1995, 40 Jahre Bundeswehr, 5 Jahre Armee der Einheit. Schriftliche Anfrage 13/1786, 6 June 1995, Frauen in der Bundeswehr. Plenarprotokoll 14/52, 8 September 1999, Die Parlamentarierinnen in 50 Jahren Deutscher Bundestag. Plenarprotokoll 14/69, 11 November 1999, Gesetz zur Änderung des Grundgesetzes (Artikel 12a). Plenarprotokoll 14/98, 6 April 2000, Unterrichtung durch die Wehrbeauftragte Jahresbericht 1999 (41. Bericht). Plenarprotokoll 14/107, 7 June 2000, Gesetz zur Änderung des Soldatengesetzes und anderer Vorschriften (SGÄndG). Plenarprotokoll 14/124, 12 October 2000, Gesetz zur Änderung des Soldatengesetzes und anderer Vorschriften (SGÄndG). Plenarprotokoll 14/127, 26 October 2000, Unterrichtung durch die Wehrbeauftragte Jahresbericht 1999 (41. Bericht). Plenarprotokoll 14/128, 27 October 2000, Gesetz zur Änderung des Grundgesetzes (Artikel 12a). Unterrichtung durch den Wehrbeauftragten 14/2900, 14 March 2000, Jahresbericht 1999 (41. Bericht). Unterrichtung durch den Wehrbeauftragten 14/5400, 13 March 2001, Jahresbericht 2000 (42. Bericht). Entschließungsantrag 14/7074, 10 October 2001, Gesetz zur Durchsetzung der Gleichstellung von Frauen und Männer (DGleiG). Antrag 15/3960, 20 October 2004, Bundeswehr stärken – Beschäftigungs- bedingungen für Soldatinnen und Soldaten verbessern. Plenarprotokoll 15/111, 27 May 2004, Frauen und Familien in der Bundeswehr stärken und fördern. Plenarprotokoll 15/132, 21 October 2004, Gesetz zur Durchsetzung der Gleichstellung von Soldatinnen und Soldaten der Bundeswehr (SDGleiG). Plenarprotokoll 15/141, 24 November 2004, Einzelplan 14 (Etat) and Gesetz zur Durchsetzung der Gleichstellung von Soldatinnen und Soldaten der Bundeswehr (SDGleiG). Unterrichtung durch die Bundesregierung 16/7267, 19 November 2007, Bericht der Bundesregierung über Maßnahmen zur Umsetzung der Sicherheitsratsresolution 1325 (2000) Frauen, Frieden und Sicherheit. Unterrichtung durch die Bundesregierung 16/7425, 30 November 2007, Bericht der Bundesregierung nach § 4 Abs. 5 Satz 2 des Soldatinnen- und Soldatengleichstellungsgesetzes. 162 Bibliography

Unterrichtung durch die Bundesregierung 16/7920, 23 January 2008, Erster Erfahrungsbericht der Bundesregierung gemäß § 24 des Soldatinnen- und Soldatengleichstellungsgesetzes (Berichtszeitraum 1. Januar 2005 bis 31. Dezember 2006). Unterrichtung durch den Wehrbeauftragten 16/8200, 4 March 2008, Jahresbericht 2007 (49. Bericht). Antwort der Bundesregierung auf die Grosse Anfrage der Fraktion FDP 16/10376, 24 September 2008, Bessere Vereinbarkeit von Familie und Dienst in der Bundeswehr. Unterrichtung durch den Wehrbeauftragten 17/900, 16 March 2010, Jahresbericht 2009 (51. Bericht). Unterrichtung durch den Wehrbeauftragten 17/4400, 25 January 2011, Jahresbericht 2010 (52. Bericht). Antrag 17/5044, 18 March 2011, Deutschland im UN-Sicherheitsrat – Nationalen Aktionsplan zur UN-Resolution 1325 jetzt erstellen.

Other German official documentation Bundesministerium der Verteidigung (2007) Teilkonzeption Vereinbarkeit Familie und Dienst in den Streitkräften – TKVebFamDstSk, Fü S I 3. Bundesministerium der Verteidigung (2008) Zentrale Dienstvorschrift 10/1. Innere Führung. Sebstverständnis und Führungskultur der Bundeswehr, Fü S I 4. Bundesministerium der Verteidigung (2010) Handbuch zur Vereinbarkeit von Familie und Dienst in den Streitkräften, Fü S I 3: Allgemeiner Umdruck 1/500. Bundeswehrverband (BdWV) (2004) Am Anfang nur Lückenbüßerinnen: Solda- tinnen in 50 Jahren Bundeswehr, unpublished document. Wissenschaftliche Dienste des deutschen Bundestages (2003) ‘Ausarbeitung: Hat die Wehrpflicht eine Zukunft? – Ein Beitrag zur aktuellen Diskussion’, available online at http://webarchiv.bundestag.de/archive/2008/0506/ wissen/analysen/2003/2003_10_07_wehrpflicht.pdf [accessed 2 January 2009].

French materials

Laws and decrees are published in the Journal Officiel (JO). The number of the law or decree, the date of its vote and publication are indicated in the following. Texts issued by, or bearing a particular significance for, the Ministry of Defence and the armed forces are published in the édition Chronologique du Bulletin Officiel des armées, Partie Principale (BOC/PP). In addition to the date and number of the text, the volume in which it was published is indicated (since this publication does not come out everyday like the JO, but every two weeks). Following the usage of these official publications, only the first page is indicated. Some of the texts that were used in Chapter 5 were either not attributed a number (e.g. some arrêté) or not published at all (e.g. an internal Directive of the Army). In those cases, the issue date is indicated. Bibliography 163

French law Loi No. 72-662, 13 July 1972, portant statut général des militaires, JO, 14 July 1972, p. 7430. Loi No. 75- 1000, 30 October 1975, modifiant la loi No. 72- 662 du 13 juillet 1972 portant statut général des militaires et édictant des dispositions concernant les militaires de carrière ou servant en vertu d’un contrat, JO, 31 October 1975, p. 11227. Loi No. 82- 380, 7 May 1982, modifiant l’article 7 de l’ordonnance du 4 février 1959 relative au statut général des fonctionnaires et portant dispositions diverses concernant le principe d’égalité d’accès aux emplois publics, JO, 8 May 1982, p. 1315. Loi No. 2005-270, 24 March 2005, portant statut général des militaires, JO, 26 mars 2005, p. 5098. Décret No. 76-1228, 24 December 1976, portant statut particulier des officiers du corps technique et administratif des affaires maritimes, JO, 29 December 1976, p. 7570. Décret No. 79-1135, 27 December 1979, portant statut particulier des corps militaires des ingénieurs des études et techniques, JO, 19 December 1979, p. 3285. Décret No. 82-886, 15 October 1982, portant application de l’article 18 bis de l’ordonnance du 4 février 1959 relative au statut général des fonctionnaires, JO, 19 October 1982, p. 3154. Loi No. 83- 635, 13 July 1983, dite ‘Loi Roudy’ portant modification du Code du travail et du Code pénal en ce qui concerne l’égalité professionnelle entre les hommes et les femmes, JO, 14 July 1983, p. 2176. Décret No. 84-173, 12 March 1984, portant statut particulier du corps des commissaires de l’armée de terre, JO, 14 March 1984, p. 838. Décret No. 85- 512, 9 May 1985, modifiant le décret No. 75-1206 du 22 décembre 1975 portant statut particulier du corps des officiers des armes de l’armée de terre, JO, 15 May 1985, p. 5463. Décret No. 86-589, 14 March 1986, modifiant le décret No. 75- 1212 du 22 décembre 1975 portant statut particulier des corps d’officiers mariniers de carrière de la marine, JO, 19 March 1986, p. 4584. Décret No. 92-1345, 22 December 1992, portant création du Collège Interarmées de Défense, JO, 24 December 1992, p. 17665. Loi No. 97-1019, 28 October 1997, portant réforme du service national, JO, 8 November 1997, p. 16251. Décret No. 98-86, 16 February 1998, modifiant divers décrets portant stat- uts particuliers de certains corps d’officiers et de sous- officiers et officiers mariniers des armées, de la gendarmerie et de la délégation générale pour l’armement, JO, 18 February 1998, p. 2556. Arrêté, 29 April 1998, fixant les emplois qui ne peuvent, dans les armées et la gendarmerie nationale, être tenus que par des officiers, sous- officiers et officiers mariniers masculins, BOC/PP, 15 June 1998, No. 25, p. 1793. Directive No. 760059/DEF/PMAT/EG/S, 20 January 1999 relative à l’accès des femmes à la fonction militaire (Limited access). 164 Bibliography

Arrêté, 10 Novembre 1999, modifiant l’arrêté du 29 avril 1998 ... fixant les emplois qui ne peuvent, dans les armées et la gendarmerie nationale, être tenus que par des officiers, sous- officiers et officiers mariniers masculins, BOC/PP, 15 December 1999, No. 51, p. 5275. Arrêté, 25 August 2000, modifiant l’arrêté du 29 avril 1998 ... fixant les emplois qui ne peuvent, dans les armées et la gendarmerie nationale, être tenus que par des officiers, sous-officiers et officiers mariniers masculins, BOC/PP, 9 October 2000, No. 41, p. 4185. Arrêté, 12 December 2002, modifiant l’arrêté du 29 avril 1998 ... fixant les emplois qui ne peuvent, dans les armées et la gendarmerie nationale, être tenus que par des officiers, sous- officiers et officiers mariniers masculins, BOC/PP, 20 January 2003, No. 4, p. 472.

Case law from the Conseil d’État Conseil d’État, 29 December 1993, Mlle Martel, Req. No. 78835 (available on request at the Library of the Conseil d’État). Conseil d’État, 11 May 1998, Mlle Aldige, Req. No. 185049 (available on request at the Library of the Conseil d’État). Conseil d’État/Savoie, 11 May 1998, Mlle Aldige, Req. No. 185049, Conclusions de Monsieur Savoie, Commissaire du gouvernement (available on request at the Library of the Conseil d’État).

Other French official documentation Alliot-Marie, M. (2004) Déclaration sur la place des femmes dans l’armée de métier, Paris: Conseil Économique et Social, available online at http://discours.vie- publique.fr/notices/043000928.html [accessed 10 October 2010]. CES (2004) Place des femmes dans la professionnalisation des armées. Étude présentée par Mme Michèle Monrique, NOR: C.E.S. X000030420, available online at http://www.conseil-economique- et-social.fr/rapport/doclon/04070920. pdf [accessed 24 October 2010]. CID (1999) La Politique d’équilibre d’emploi hommes-femmes dans les armées, Paris: Collège Interarmées de Défense. Commission d’études prospectives de la femme militaire (1982) Rapport sur les conclusions des travaux présentés au Ministre de la Défense le 1er juillet 1982, Paris: Ministère de la Défense. C2SD/CEHD/DSN (2005) L’organisation du service militaire, reflet des évolutions de la société française, Actes de la Journée d’étude du 22 novembre 2005, Paris: SGA, pp. 79–96. Le Pors, A. (2002) (ed.) Piloter l’accès des femmes aux emplois supérieurs: pre- mier rapport du Comité de pilotage pour l’égal accès des femmes et des hommes aux emplois supérieurs des fonctions publiques, Paris: La Documentation Française, available online at http://www.ladocumentationfrancaise.fr/ rapports- publics/024000097/index.shtml [accessed 24 October 2010]. Le Pors, A. and F. Milewski (2003) (eds) Deuxième rapport du Comité de pilotage pour l’égal accès des femmes et des hommes aux emplois supérieurs des fonctions Bibliography 165

publiques, Paris: La Documentation Française, available online at http:// www.ladocumentationfrancaise.fr/rapports- publics/034000456/index. shtml [accessed 24 October 2010]. Le Pors, A. and F. Milewski (2005) (eds) Vouloir l’égalité: troisième rapport du Comité de pilotage pour l’égal accès des femmes et des hommes aux emplois supérieurs des fonctions publiques, Paris: La Documentation Française, available online at http://www.ladocumentationfrancaise.fr/rapports- publics/054000496/index.shtml [accessed 24 October 2010]. Livre blanc sur la défense et la sécurité nationale, available online at http://www. livreblancdefenseetsecurite.gouv.fr [accessed 9 December 2010]. Ministère des Affaires Sociales, du Travail et de la Solidarité (2004) La charte de l’égalité, available online at http://www.travail-solidarite.gouv.fr/IMG/ pdf/charte_egalite.pdf [accessed 24 October 2010]. Observatoire de la féminisation (2006) Femmes militaires. Données de synthèse, Paris: Ministère de la Défense/SGA. Name Index

Afghanistan, 1, 37, 63, 102, 142n2 Janowitz, Morris, 12, 13, 22, 119n3, Ainsworth, Bob, 125–126n1 119n4, 120n6 Aldige, Claire, 86–87, 89, 90, 92, Johnston, Marguerite, 34, 35 139n16 Alès, Catherine, 117n3 Koselleck, Reinhart, 144n15 Alliot-Marie, Michèle, 97, 141n27 Kreil, Tanja, 34, 132n5 Kümmel, Gerhard, 5, 14, 114, Barraud, Cécile, 117n3, 143n11 121n18, 132n9, 133n15 Berkshire Consultancy Ltd, 53, 61, 64, 130n21, 130n23 Latour, Bruno, 88, 118n10 Boltanski, Luc, 30, 42, 43, 116, LeDoeuff, Michèle, 121n19 124n15, 124n17, 124n18, Le Pors, Anicet, 97, 140n26 125n22, 125n25, 143n9, 143n12 Butler, Judith, 117n3 Martel, Marie-Christine, 139n13 Moskos, Charles, 14, 120n6 Carreiras, Helena, 5, 14, 16, 17, 18, 121n18 Pelassy, Dominique, 44 Cassin, Barbara, 46 Coker, Christopher, 22, 66, 144n16 Robathan, Andrew, 65 Cooke, Maeve, 124n17 Robertson of Port Elen, George, 54, 113 Creveld, Martin van, 22, 23, 24, 25, Roudy, Yvette, 138n9 121n17 Savoie, 89–92, 97, 138n10, 138n12, Dandeker, Christopher, 13, 14, 16, 138n13, 140n25 17, 18, 68, 101, 128n8 Scharping, Rudolf, 72 Deepcut Barracks, 59, 128n11, Segal, Lynne, 2, 121 132n4 Segal, Mady Wechsler, 13, 14, 16, Defence Science and Technology 17, 101 Laboratory (Dstl), 53, 61, Sirdar, Angela Maria, 34, 35 130n21, 131n27 Stouffer, Samuel Andrew, 12 Dogan, Mattei, 44 Dory, Alexander, 34, 75 Théry, Irène, 117n3 Thévenot, Laurent, 30, 42, 43, Elshtain, Jean Bethke, 19, 121n15 116, 124n17, 124n18, 125n22, Enloe, Cynthia, 19, 21, 23 125n25, 143n9, 143n12

Hoon, Geoff, 63 United States, 1, 12, 13, 119n4, Huntington, Samuel, 12, 13, 16, 18, 131n26, 141n28, 142n3 104, 119n3 Wagner, Peter, 49, 125n24, 143n12 Iraq, 1, 37, 63, 102, 117n2, 142n2 Watts-Miller, William, 3

167 Subject Index

Equality decision-making, 32–33, 37, See also Legislation; Men and 122n4, 122n5 Women; Military; Order/ ESDP/CSDP, 31–33, 36–37, 122n5, Disorder 122n7 equality dimensions, 8, 59, 79–80, European Commission, 32–33, 86, 92, 98, 129n16 36, 38–39, 52, 90, 123n10, equality of opportunities, 21, 138n12 55–57, 60, 73–75, 79, 88–89, European Community (EC), 103, 129n13 30–36, 38–40, 50, 52, 61, equality of outcome, 56, 76–77, 79 72, 101, 103, 122n8, 123n9, exceptions to equality. See Special 123n10, 137n2, 138n12, measures 140n25 Gleichstellungsbeauftragte (Equal European Court of Human Rights Opportunity Commissioner), (ECHR), 122–123n8 77, 136n34 European Court of Justice (ECJ), and physical aptitude. See Special 4, 8, 33–36, 38–40, 47, 50–51, measures 52, 70–73, 75, 79, 83, 85–86, as a social zone (of in-distinction) 90, 91–92, 101, 102, 103, 106, the labour market, 74, 83, 122n7, 122n8, 131n3, 138n12 103–104 European Union (EU), 1, 4, 30–33, the sphere of work, 53, 57–58, 36–40, 50, 54, 109, 122n8, 60–61, 103, 135n26 127n1, 144n17 the state, 74, 91, 97, 98, harmonisation versus 104–106 homogenisation, 39–41, 50, versus markers of sex distinction 100, 108 emotions, 22, 67, 68, 69, 95, margin of discretion, 4, 7, 39, 52, 102, 142n2 101, 127n5 the family (women as mothers and military interventions, 31, and carers), 3, 8, 11, 17, 19, 21, 36–37 22, 23–26, 41, 71, 78, 80–84, pillars, 31–32, 33, 36–37, 38, 95–96, 98, 104, 105, 136n31, 122n7 143n9 as a research focus, 6, 13, 16, 27, the military, 11, 13–15, 16–17, 29–30, 41, 47, 49–51, 104, 26, 108 107–108 Europe See also Legislation; States International institutions Council of Europe, 122n8, NATO, 1, 13, 31, 95, 131n2 135n25 UN Council of the EU (Council of Committee of contributors, 37 Ministers), 4, 32, 36–38, 50, as an institution, 1, 31, 37, 95, 122n5 144n17

168 Subject Index 169

International institutions Lisbon Treaty, 31–32, 101, 122n4, – continued 122n8, 144n17 National Action Plan (NAP), 4, Maastricht Treaty (Treaty on 37, 124n13, 124n14 European Union), 33, 122n7 UNSCR 1325, 1, 4, 36–38, 68, its relationship to power and 110, 123n11, 124n13 culture, 39–41 Sex Discrimination Act, 54, 59, 65 Legislation Soldatinnen- und Soldaten Gleich- See also Military stellungsdurchsetzungsgesetz Amsterdam Treaty, 31, 101 (SDGleiG), (Law on the Case law from the Conseil d’État Implementation of Equality Aldige case, 85–90, 92, 139n16, between Female and Male 140n25 Soldiers), 38, 71, 75, 77–78, Martel case, 138n13 81, 83, 135n25, 136n34, Constitution 139n17 European Constitution, 32 French Constitution, 89, 92, Men and Women 140n25, 141n29 See also Equality; Military; Special German Constitution measures (Grundgesetz), 34, 70–72, aggressive men/peaceful women 74, 80, 114, 123n10, 131n4, and vice versa, 2, 13–14, 15, 133n12, 133n16, 145n4 21–23, 62, 78–79, 95, 102, Decree No. 98–86, 88–89, 91–92, 120–121n13, 121n17, 132n7 93, 139n14 gender attributes versus status, Directive 76/207/EEC, 34–36, 39, 25–26, 27, 48 52, 61, 72–73, 123n10, 126n3, maternity and the physiology 138n9, 138n12, 139n18 of women, 54, 78, 84, 95, Directives (other), 91, 122n6, 123n10 123n10, 137n2, 139n17 patriarchy/hegemonic EC Case law masculinity/masculine Dory case, 34, 75, 101 domination, 16, 17, 19–21, Johnston case, 34–35, 40, 101 23, 24, 26, 107, 117n3, Kreil case, 4, 7, 34–36, 40, 144n14 70–71, 74, 83, 86, 103, 114, sex distinction versus gender, 3, 123n10, 131n3, 132n5, 5, 117n3 140n25, 143n8 sexual harassment, 21, 59–60, Sirdar case, 4, 34–36, 40, 52, 54, 65–66, 128n12, 128–129n13, 85, 86, 91, 101, 126–127n5 136n34 its effectiveness, 38–39 social relations versus identity, Equality Act, 60, 65, 68, 126n2, 24–26, 48, 121n21 129n16 social stereotypes about Gender Duty, 60 men and women, 14, 15, Gesetz zur Änderung des 16–18, 64 Grundgesetzes, Artikle 12a (Law and weapons, 72, 74, 79, 94–95, towards the amendment of 113, 114, 133n12 the Constitution, article 12a), Military 70, 72–74 See also Peace/War 170 Subject Index

Military – continued Gendarmerie, 8, 91, 92, 94, 137n3, armed forces 139n19 Armée de l’air, 91, 112, 114, military cohesion, 14, 61–65, 137n3, 139n13 130n20, 130n21, Armée de terre, 87, 91, 112, 114, 130n22 137n3, 139n17 military labour market, 8, 33, Army, 53–54, 58, 67, 111, 113, 54–56, 73–75, 77, 83, 101, 131n28, 144n13, 145n1 103–104 Deutsche Marine, 111 military performance/ Heer, 111 effectiveness/specificity, 7, 10, Luftwaffe, 111 13, 17, 20, 24, 54, 57, 60–63, Marine nationale, 8, 87, 91–92, 65, 68, 78, 91–92, 93, 95, 96, 112, 114, 137n3 98, 102–103, 126n4, 127n7, Royal Air Force, 54, 111, 113, 135n27 122n8, 128n9, 145n2 military union Royal Navy, 34, 54, 55, 111, 113, in France and the UK, 122n8, 126n4, 127n6, 128n9, 141n31 145n1 in Germany Chief of Staff, 81, 96, 129n13, (Bundeswehrverband), 71, 81, 129n18 132n5, 136n30 and civilian cultural process and the nation, 21, 39, 41, 61, (civilianisation), 14–15, 22, 66, 68, 75, 80, 101, 102, 107, 25, 120n6, 143n10 127n5, 144n16 law, 60, 75–77, 80, 83, 89–90, Parlamentsheer (Parliamentary 98, 103, 104, 106, 129n15, troop), 70, 131n2 138n12, 138–139n13 policy papers personnel, 129n14, 135n27, Equality and Diversity Scheme 140 –141n26 (EDS)/Unified Diversity Collège Interarmées de Défense Strategy (UDS), 60, 64, (CID) (Staff College), 85, 92, 129n14, 129n17, 130n21 137n3 Handbuch zur Vereinbarkeit conscription von Familie und Dienst and the ECJ, 34, 73, 132n10 in den Streitkräften (Manual fairness of conscription, 74–75, towards Work-Family 133n15, 133n16, 133–134n17, Balance in the Armed 134n18 Forces), 81 of men and/or women, 8, Teilkonzeption Vereinbarkeit 71, 73, 78, 80, 83–84, 89, Familie und Dienst in den 118, 133n14, 142n32, Streitkräften – TKVebFamDstSk 142n5 (Outline towards Work- and professional armed forces, Family Balance in the 7–8, 75, 82, 103, 115, Armed Forces), 81 132–133n11, 134n21, 142n32, recruitment and retention, 3, 142n5 6–8, 23, 33–34, 37, 39, 40, democratic oversight of armed 50, 59, 60, 64, 66, 81, 97, 105, forces, 12, 47, 68. See also 110, 113–115. See also Special States measures Subject Index 171

Order/Disorder opinion, 43, 62, 64, 76, 79, See also Equality; Sociology and 92, 97, 99, 106–107, political science 116, 135n26, 140n25, as a binary process 143n8 its analytical weaknesses, stability of the democratic order, 16–18, 24–27, 47–50, 102, 12, 24, 119n3 105, 107–109 of an anthropological kind, Peace/War 19–20, 21, 23 See also Men and Women; its contested boundaries, 18–19, Military; Special measures 120n9 combat, 3, 7, 23, 25, 53–54, 58, of a political and economical 61–67, 68, 91, 94–95, 102, kind, 11, 13–18, 20, 26, 41, 105, 113, 114, 126n4, 129– 107, 108 130n18, 131n26, critical societies 131n27, 132n7, 135n26, their analysis (sociology of 139n17, 142n3, 144n14, critical societies), 7, 42–44, 145n4 46–50, 51, 108, 116, 124n18, operations (humanitarian and 125n22, 143n9, 143n12 peacekeeping/military and their constitutive paradox, 3, war), 1, 26, 31, 36–37, 63, 66, 11, 29, 51, 108, 118n5 78, 95, 97, 131n2, 141n30 and power/domination, 48, 109, war 125n22 and biological explanations, disputes and agreements, 4–6, 42, 107, 120n11 43–44, 45–46, 47, 49, 51, 100, as a cultural construct, 15, 108, 118n6, 143n12 16–17, 19–22, 23–24 in Europe compared to the its objective characteristics, United States (US), 12, 16, 13–14, 15, 19, 22–23 102, 104 as a multifaceted process: orders Sociology and political science of worth comparative studies civic, 43, 60, 68, 69, 73, 74, 80, frames of comparability, 44 83, 89, 91, 97, 98, 103, issues and methods, 7, 44–47, 104–106, 116, 133n16 49–50 domestic, 3, 8, 41, 43, 71, 77–78, languages and translation, 46 80–84, 95–96, 98, 104, 105, of political institutions, 12, 116, 124n18, 143n9 44–45 industrial, 7, 43, 53, 55, 57–58, of women in the military, 5, 26, 60–61, 62, 68, 78, 83, 86, 89, 47–48 93, 97, 102–103, 106, 108, feminist international relations, 116, 18–22, 120n10 inspiration, 22, 43, 67, 68, 69, institutional/occupational, 14, 95, 102, 116, 142n2 120n6 market, 3, 8, 43–44, 53, 54–57, military sociology, 2, 6, 10–18, 20, 64, 69, 71, 73–75, 77, 80, 83, 41, 119n4 87, 89, 91, 96, 97, 101, multi-dimensional model of 103–104, 105, 106, 116 analysis, 14 172 Subject Index

Sociology and political science States – continued See also Equality; Europe; and other disciplines (history, Legislation social history, cultural studies Bundesverfassungsgericht (Federal and psychology), 10, Constitutional Court), 131n2, 118–119n1, 119n2, 119n4 133n17 social sciences as a policy Commissaire du gouvernement, 85, monitoring tool, 36, 61–64, 89–90, 97, 137n1, 140n25 97, 102–103, 128n13, Commission for Equality and 129n17 Human Rights (EHRC), 53, sociology of critical societies. See 60, 62, 126n2 Order/Disorder Conseil d’État (as an institution), theoretical issues pertaining 87–88, 118n10, 137n1, 137n6, to the analysis of the 137n7, 138n8, 139n13, distinction of sex, 13, 17–18, 139n16 25–26, 44, 118n8, 121n18, Conseil économique et social (Social 121n20 and Economic Council), Special measures 141n28 as allowed for in EC Law, as the embodiment of legal 35–36, 38–39, 101, 106, norms, 105–106 143n8 Equal Opportunities Commission recruitment/deployment (EOC), 53, 54–60, 62, 94, quotas and targets, 56, 76–77, 126n2, 126n3, 126n4, 127n6, 87, 104, 114–115 127n7, 128n10 restrictive measures, 54, forms of state and decision- 65, 83, 89–90, 91, 95, 127n7, making 131n26, 138n12, 139n17, in France, 44–45, 85, 98, 109 142n3 in Germany, 45, 70–71, 83, 109 selection standards, 57–58, in the UK, 45, 53, 68, 109 76–77, 90, 94, 106, 129– Haute Autorité de Lutte contre les 130n18, 134n23, 134n24, Discriminations (HALDE), 135n27, 137n4, 143n13 126n2 for women compared to ethnic Ministry of Defence/Secretary of minorities, 56, 128n8, 128n9, State for Defence 143–144n13 in France, 86–87, 89, 97, 105, work-life balance 137n4, 139n14, 139n15, crèches and childcare facilities, 139n19, 140 –141n26, 141n27 81–82, 96, 127n7, 136n32, in Germany, 72, 75, 78, 82, 136n33, 140n23 132n5, 136n33 maternity/paternity and in the UK, 7, 52, 53, 59, 60, 61, parental leave, 82, 55, 126n3, 63–65, 113, 122n8, 123n10, 127n7, 136n35 125–126n1, 126n3, 129n13, other measures, 55, 59, 80–82, 130n21 96–97, 144n13 Observatoire de la féminisation part-time work and flexible (Committee on the working, 55, 76, 80–81, Integration of Servicewomen), 127n7, 135n27 97, 140n24 Subject Index 173

States – continued in the UK, 7, 45, 54–58, 59–60, Parliament 64, 66, 126n4 in France, 30, 44, 88, as a regulator, 74, 75–76, 83, 104, 141n30 106 in Germany (Bundestag), 45, 53, Service Complaints 70–83, 131n2, 131–132n4, Commissioner, 128n11, 132n4 132n5, 134n24, 135n25 Wehrbeauftragter (Parliamentary in the UK, 37, 45, 46, 53, 63 Delegate for Defence), 45, 70, Parliamentary Defence 131–132n4 Committee White Papers (Defence) in France, 44–45 Livre Blanc, 44, 141n30 in Germany, 45, 70, Strategic Defence Review, 53, 55, 131n3 63, 130n19