Authorities - Citizens should be better able to defend themselves against discrimination
Citizens in the south-west are to be able to defend themselves more easily against discrimination by the authorities in future. The green-black cabinet launched the so-called Equal Treatment Act on Tuesday. According to the Green parliamentary group, the right to equal treatment not only applies in the workplace, when looking for accommodation or at the gym, but also at the tax office, immigration office or police station. For the first time, the law would give those affected a statutory claim for damages and compensation if they are discriminated against by an authority or public body.
This closes a gap in anti-discrimination law, according to Oliver Hildenbrand, a Green politician for internal affairs. The draft lists 14 characteristics, from sexual identity to disability and age. The state parliament is set to pass the new law in the first quarter of 2024. The Greens and CDU had announced a corresponding state anti-discrimination law in the coalition agreement.
Minister President Winfried Kretschmann (Greens) emphasized on Tuesday that the law for the southwest does not include a reversal of the burden of proof as with the anti-discrimination law in Berlin, but rather a middle ground, a so-called easing of the burden of proof. The authorities would have to prove more stringently that no discrimination had taken place in the event of allegations.
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In the state of Baden-Württemberg, specifically in the southwest region like Stuttgart, citizens will have better legal protection against discrimination by authorities. The new Equal Treatment Act, which covers various public institutions, includes a provision for those affected to seek damages and compensation if they experience discrimination.
The new law in Baden-Württemberg does not shift the burden of proof to the accuser as seen in Berlin's anti-discrimination law, but instead requires authorities to provide a stronger justification if allegations of discrimination are made.
Source: www.stern.de
