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GENDER

In the name of the father

German men have become the weaker sex. Not even the Constitutional Court decision opening the way for unmarried fathers to gain joint custody of their children can change that. But that doesn’t make fathers any less important, writes Tissy Bruns from Der Tagesspiegel.

In the name of the father
Photo: DPA

Every child knows that mum and dad are different and boys and girls need, want and love those subtle differences between parents. Adults, on the other hand, are pretty unsure about what the guiding principles of parenthood should be.

During break-ups and custody battles, women, whether they are housewives, employed, or single parents, are seen mainly as ‘mothers’ in Germany and they usually win the legal battle by virtue of this.

Our ideas about what is motherly and what motherhood means are much clearer than they are about ‘fatherhood’ and ‘fatherly’ qualities. Men choosing to be fathers have become the weaker sex in modern German society.

The Constitutional Court ruling on Tuesday cannot suddenly suspend this crucial distinction, despite making it easier for unmarried father to win joint custody of their children. But the father is still important – because the emphatic lessons and experiences of women’s emancipation count for fathers too. More rights mean more responsibility – in this case taking care of children.

Traditional father roles have been steamrollered, first by the catastrophes of the last century and then by the women’s liberation movement. The authoritarian patriarch, who thinks dealing with small children is unmanly and is mainly responsible for handing out punishments, is long since outdated.

The patriarchal figure is even disappearing among Germany’s immigrant populations, which have often grown up with such archetypes. Nowadays young women with children have few qualms to leave such machos. This female victory march has also destroyed the idea of the “family-breadwinner,” a figure who dominated the first decades of post-war Germany, despite the enshrinement of equality in the constitution.

And the ideal of the fatherly “protector” – the man who shows the growing child the world and guides him along the path to working life – is no longer untouchable either. Mothers can and do perform this role too – and much too often they do it alone.

But an ideal “androgynous” parenthood, in which parents are not only equal before the law, but actually equal, has not yet been established despite a growing number of “modern” fathers. The more diffuse our image of fatherhood has become, the clearer we see that fathers, or father figures, are missing from our families, our childcare facilities, and our schools.

The lack of a father is a disadvantage that many single mothers feel painfully because they cannot make up for it, despite their best efforts. That a lot of mothers engage in long legal battles to separate children from their fathers only makes matters worse.

Perhaps young girls and boys have a better idea of what makes a good dad than men and women. But adults should at least know that fatherhood only develops and proves itself worthy through interaction with children – it does not come out of the economic, social or legal domination of women. Fortunately the old patriarchal roles have disappeared.

But that makes room for a new, hopeful development that can be seen in court custody battles, in applications for parental leave benefits, and in many families. Men really want to be fathers, not patriarchs, breadwinners or disciplinarians.

The fundamental differences remain, however. In all cultures and societies, mothers have been given the role of looking after children. Mothering means love, care, and self-sacrifice. But until the invention of paternity tests, there was not even the slightest certainty about what and who a father should be.

Instead, there were just powerful cultural mores that have changed enormously over the centuries. It is also a kind of emancipation if men can be fathers without having to be patriarchs and breadwinners first. But mothers have to want that too.

This commentary was published with the kind permission of Berlin newspaper Der Tagesspiegel, where it originally appeared in German. Translation by The Local.

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BUSINESS

French court hands Amazon €90,000-per-day fine over contracts

French authorities on Wednesday slapped a €90,000-per-day fine on e-commerce giant Amazon until it removes abusive clauses in its contracts with businesses using its platform to sell their goods.

French court hands Amazon €90,000-per-day fine over contracts

The anti-fraud Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) service said the online sales giant’s contracts with third-party sellers who use its Amazon.fr website contain “unbalanced” clauses.

“The company Amazon Services Europe did not comply completely with an injunction it was served and it is now subject to a fine of €90,000 per day of delay” in applying the changes, the DGCCRF said in a statement.

It also urged the platform to conform with European rules on equity and transparency for firms using online platforms.

Amazon said the order would harm consumers.

“The changes imposed by the DGCCRF will stop us from effectively protecting consumers and permit bad actors to set excessive prices or spam our clients with commercial offers,” the e-commerce giant said in a statement.

“We will comply with the DGCCRF’s decision but we absolutely do not understand it and we are challenging it in court,” responded the e-commerce giant in a statement.

Amazon said the clauses that the DGCCRF has ordered removed had, for example “prevented the appearance of exorbitant prices for mask and hydroalcoholic gel during the pandemic”.

In 2019, Amazon was fined €4 million for “manifestly unbalanced” contract clauses with third-party sellers on its site in a case brought by the DGCCRF.

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