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A recent legal opinion by Prof. Dr. Ulrike Lembke reaches a clear conclusion: language bans at universities that prohibit gender-inclusive language are unconstitutional and unlawful. The opinion was commissioned by the Federal Conference of Women’s and Equality Officers at Universities (bukof) and published in March 2026.

Prof. Dr. Ulrike Lembke is a legal scholar specializing in public law as well as gender and anti-discrimination studies. She has held positions at several universities and has served as a judge on the Constitutional Court of the State of Berlin since 2020.

The analysis focuses on the question of whether government regulations that restrict gender-inclusive language are consistent with current law. Lembke emphasizes that government language policies are bound by fundamental rights. The obligation to ensure linguistic equality stems in particular from Article 3 of the Basic Law, which guarantees equal rights and prohibits discrimination.

According to the report, universities, as public-law entities, are obligated to use non-discriminatory language. The report evaluates so-called language bans, which have been increasingly enacted by government agencies since 2023. (See, for example, www.forschung-und-lehre.de/politik/gendern-in-hessen-6100 or www.forschung-und-lehre.de/politik/bayern-verbietet-gendern-in-schulen-hochschulen-und-behoerden-6318).

These bans prohibit certain gender-inclusive forms of writing and thus actively interfere with linguistic practice. According to Lembke, they constitute an “instruction to discriminate,” as they result in certain groups of people being rendered linguistically invisible.

Furthermore, the expert opinion views language bans as an infringement on academic freedom and university autonomy. Universities not only have the right but also the duty to develop and implement their own strategies for non-discriminatory communication. Executive interventions that prevent this are legally untenable.

The expert opinion also rejects the frequently cited argument that language bans are based on the official rules of German spelling. It states that these rules have no binding normative effect, and that gender-inclusive spellings do not constitute a violation of the rules.

With regard to gender equality efforts at HSMW, the report emphasizes the importance of conscious and inclusive language use. Language plays a key role in raising visibility, reducing discrimination, and fostering respectful interaction. Especially in the higher education context, which is characterized by diversity and international collaboration, this is a central component of modern organizational culture. 

As early as 2022, HSMW developed and published online a set of guidelines for gender-sensitive verbal and written communication. These guidelines are intended for all members of the university community as well as other interested parties and serve as a guide for using gender-sensitive language in everyday university life.

In addition to the legal perspective, the report also emphasizes the social responsibility of universities. As centers of education, research, and innovation, universities play an active role in shaping societal developments. Non-discriminatory and inclusive communication is a key element in promoting equal opportunity and enabling participation.

In this context, Mittweida University of Applied Sciences has established a pragmatic and legally sound solution: In texts with legal effect—including, for example, job postings—gender-neutral language is used, as the use of gender markers can lead to ambiguities in interpretation in specific cases. Instead, gender-neutral phrasing is used to ensure legal certainty and clarity. This practice aligns with the assessment of the Legal Affairs Office and is also enshrined in the recommendation on gender-sensitive language at HSMW. The so-called “gender ban,” however, had no direct impact on internal and external communication beyond this. Rather, it has in some cases contributed to reinforcing existing reservations about gender-sensitive language in the public debate by being perceived as political endorsement of such positions. 

The findings of the report thus provide an important foundation for further discussion of gender-inclusive language and gender equality at Mittweida University of Applied Sciences - and serve to strengthen the resolve of all those who are committed to fostering a non-discriminatory campus culture at HSMW. At the same time, the report highlights the importance of clear guidelines for the use of gender-sensitive language, thereby also emphasizing the relevance of the existing recommendation on gender-sensitive language at Mittweida University of Applied Sciences. 

The report and a summary of the key findings can be downloaded here:

• Legal Opinion on the Topic “Unconstitutional Instructions to Discriminate: Language Restrictions at Universities and the Duty to Use Gender-Inclusive Language” by Prof. Dr. Ulrike Lembke

• Summary of the legal opinion

Numerous women are involved in teaching, research, and university development at Mittweida University of Applied Sciences. Eight of them are the focus of the new portrait series "women@hsmw," with a new episode being published every Wednesday until March 25, 2026.

The project focuses on female perspectives, experiences, and careers within the HSMW. The aim is to present women at the university in a uniform, recognizable format and to highlight their individual paths. The protagonists were nominated by the HSMW's equal opportunities officers. The result is an authentic insight into different fields of activity, career paths, and personal motivations.

Visibility is a key factor, particularly in the context of equality and equal opportunities: role models provide guidance, make diversity tangible, and encourage people to confidently follow their own paths.

A teaching project with practical relevance

The interview series was created during the winter semester of 2025/2026 at the Faculty of Media in the Media Management program. Third-semester students implemented the project in the "Field Production" module under the supervision of Professor Rika Fleck.

Over the course of the semester, they interviewed eight women from Mittweida University of Applied Sciences. Production was a team effort: around twelve students were involved in each shoot. A particular challenge was working with the conditions on site and setting up the interview situations directly in the fields of activity of the women portrayed. Post-production was then handled by a smaller team. 

In addition to developing the content and design concept, the students also assisted with the practical implementation - from planning and filming to the finished video.

In the coming weeks

Further portraits will be published gradually over the coming weeks. "women@hsmw" combines dedicated equality work with practical teaching and highlights how diverse, competent, and inspiring women are at Mittweida University of Applied Sciences.

We cordially invite you to follow the series on the Media Faculty's Education Channel and get to know the protagonists.

The continuing education course “Gender. Society. Habit? Reflecting on and Applying Gender Competence” provides foundational knowledge on gender, gender equality, and diversity. Participants explore gender stereotypes, social structures, and the historical development of women’s rights, and gain practical insights for their daily lives and careers.

This program is aimed primarily at ESF grant recipients and funded early-career research groups, but is open to all university members. Participation is free of charge.

Dates: May 7, 2026, and May 21, 2026
Location: HSMW | Grunert de Jácome Building (Building 6)

For more information on course content, learning objectives, and registration, click here.

Mittweida University of Applied Sciences is actively committed to gender equality—but how do students perceive this commitment?

A recent survey from the 2025/26 winter semester shows that many students are primarily looking for personal support and counseling. Issues such as balancing studies and family life, discrimination, and harassment are of particular concern. At the same time, it is clear that the university’s work on gender equality is widely supported, but that differing expectations should also be taken into account.

Over 120 students participated in the survey and provided valuable insights for the further development of gender equality and equal opportunity at the university.

For more information and all the results, please visit: digital-campus.hs-mittweida.de/2026/02/gleichstellung-an-der-hsmw-was-unsere-studierenden-sagen/

Applications for the EXIST-Women 2026 program for the advancement of women are now being accepted via the SAXEED start-up network. Subject to the grant approval notice, the program is scheduled to start in early March 2026.

EXIST-Women is aimed at women in higher education who are interested in starting their own business, regardless of whether they already have a specific business idea. The focus is on motivation, initiative, and the desire to develop and try out entrepreneurial ideas.

In the last two rounds of the program, numerous participants were successfully supported in the further development of their projects. In 2025 alone, five participants went on to become self-employed, which impressively underscores the effectiveness and practical relevance of the program.

The program runs for ten months and includes:

• Practical workshops and networking formats
• Individual coaching and mentoring
• Financial support (€2,000 in material resources and scholarships of €1,000–3,000 per month for three months)
• Personal support from the SAXEED team

Application deadline: until February 22, 2026

Application & further information:https://www.saxeed.net/saxeed-women-2026/

If you have any questions, please do not hesitate to contact the SAXEED team at the Mittweida site, in particular Jasmin Harlaß as project coordinator.