Germany - Anti-discrimination




The definition and concepts of German anti-discrimination law do not meet best practice because nationality discrimination is not fully covered. Discrimination by association or on the basis of assumed characteristics is also up to judicial interpretation. The fields of application would continue to improve (see box), if migrants were protected from nationality discrimination in employment, housing and healthcare. Enforcement mechanisms allow complainants to have access to many procedures. But the law limits the legal standing of NGOs (legal entities with a legitimate interest in promoting equality) to support victims in the actual court case. Unfavourable equality policies, which score third from the bottom after CZ and DK, place similar limits on the new Federal Anti-Discrimination Agency. The state does not use positive action measures or mainstream equality into the functions of public bodies.


New Law can better apply and enforce anti-discrimination
The General Law on Equal Treatment of 18 August 2006 improved Germany's score on six indicators by restructuring the German legal framework in line with EC Directives. In the public and private sectors, it is now illegal to discriminate directly or indirectly on the grounds of race/ethnic origin, sex, religion/belief, disability, age or sexuality. Nationality is thought to be indirectly covered by race and religion. The Law applies to employment and career advancement, social protection and advantages, education and the provision of goods and services. The Law further supports victims by prohibiting victimisation, providing shifts in the burden of proof and creating an independent supervisory body, the Federal Anti-Discrimination Agency. 


Results by strand

Germany - Overview
Germany - Labour market access
Germany - Family reunion
Germany - Long-term residence
Germany - Political participation
Germany - Access to nationality
Germany - Anti-discrimination
Germany - Public perceptions
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