A majority of state justice ministers in Germany are reportedly open to a ban on verbal sexual harassment, according to a survey conducted by “Der Spiegel”. This development follows ongoing discussions about the legal framework surrounding what is commonly referred to as “catcalling” – suggestive remarks and derogatory sexual comments – which currently lack specific criminalization at the federal level.
Federal Justice Minister Stefanie Hubig (Social Democratic Party – SPD) has indicated a desire to address this gap, aligning with a coalition agreement between the SPD and the Christian Democratic Union (CDU) to examine the feasibility of expanding legal protections against harassment.
Previous attempts to introduce legislation addressing catcalling have faced challenges. In February, Lower Saxony proposed amendments to criminal law to include such behavior, but the draft was rejected by several states, with critics citing its vagueness. Justice Minister Kathrin Wahlmann (SPD) of Lower Saxony attributed the failure to “political maneuvering” preceding the federal election, suggesting a broader consensus for the proposal likely exists.
The “Der Spiegel” survey reveals support for a legal ban across a substantial number of states. Hamburg, Mecklenburg-Vorpommern, Lower Saxony and Saarland (all SPD-led) alongside Nordrhein-Westfalen, Schleswig-Holstein and Thüringen (CDU-led) are reportedly in favor. Minister Wahlmann emphasized the discrepancy between the criminalization of gestures like the middle finger and the current lack of legal recourse for “the most severe verbal and non-verbal sexual harassment”. Nordrhein-Westfalen’s response echoed this sentiment, stating that the issue is “not something Germany can simply overlook.
Six states are not definitively opposed but are awaiting a concrete proposal. Concerns are being raised about practical application and the difficulty in legally defining the line between inappropriate, yet permissible, statements versus outright harassment. Bavaria affirmed its condemnation of all forms of sexual harassment but cautioned against the challenge of establishing a “clear boundary” within the law.
Three states-Berlin, Bremen and Saxony-express reservations about the appropriateness of criminal law as a solution. Saxony’s Justice Minister Constanze Geiert (CDU) stated that creating a new criminal offense for catcalling is the “wrong approach” arguing that not every verbal transgression warrants intervention by the criminal justice system.