Discrimination
Treating people unequally because of certain characteristics is prohibited in Germany. But it is still widespread. Whether when looking for accommodation, at work, in authorities, schools, doctors' surgeries, in leisure time or with the police. Discrimination can happen in all areas of life. Am I not allowed into the club because I have a disability? Did I not get the job because I wear a headscarf? Are my children treated worse at school because they speak little German? Do the police only check me on the long-distance bus because I have a different skin color? Does the cab driver refuse to take me because I am transsexual? Experiences like these lead to anger, powerlessness and a feeling of helplessness. But you don't have to simply accept discrimination. You have the right to defend yourself against it.
All people in Germany have this right. Regardless of their origin or residence status. This is enshrined in the German Basic Law as one of the human rights. You can take legal action against discrimination.
What do I need to know?
What is discrimination?
If a person is disadvantaged or harassed because of certain characteristics or because of their actual or perceived membership of a certain group, this is discrimination. Many people are discriminated against because of their origin, their language, their sexual identity, their gender, their religion, their body, their mental abilities, their age, etc., for example. Discrimination is also often based on made-up concepts and false thought patterns. This is the case, for example, when someone is discriminated against because of their "race". There are no different races among people. However, there are people who believe in different races and in a different value of these "races" and therefore discriminate against other people.
It also happens that a person is discriminated against because of several characteristics. For example, I can be discriminated against because I have a foreign name and because I am a lesbian.
Have I been discriminated against?
Sometimes you don't know exactly whether you have been discriminated against. You are unsure because other people don't see a problem in an action or don't think the discrimination is bad. This is where counseling can help. The staff at the advice center will take your experiences seriously. They can tell you whether your experience is also legally considered discrimination and what legal options you now have. But even if your experience is not legally considered discrimination, the advice center can help you. The staff can help you to come to terms with what you have experienced and develop strategies for the future. You can find advice centers in the section "Where can I find help and support?".
Which law protects me from discrimination?
The General Equal Treatment Act (AGG) is particularly important here. The AGG has been in place since 2006 and is the most important law in Germany if you want to defend yourself against discrimination at work or in everyday life. It protects against discrimination on the grounds of origin, gender, religion, age, sexual identity or disability by employers, landlords, etc. These can be taken to court on the basis of the AGG. These can be ordered to pay compensation or damages in court on the basis of the AGG. However, there are also other laws that prohibit discrimination. For example, the Basic Law. Article 3 of the Basic Law states that all people are equal before the law. No matter where they come from or what status they have in Germany.
How can I prove that I have been discriminated against?
If you go to court, you need evidence. The other side often says something different and then it's a case of testimony against testimony. The other side usually claims in court that there was no discrimination. For example, the landlord says that he did not reject a family because of their foreign name, but because the family was unfriendly when viewing the apartment. You must therefore convince the court that there was discrimination. However, evidence is sufficient for this, i.e. you do not need direct proof. Evidence can be, for example, the statements of witnesses or emails, letters or photos that show the discrimination. So-called "testing" can also help: In a "testing" you check the behavior of the other party, in this case the landlord, again. In the case of finding an apartment, for example, you with a non-German name and someone with a German name would call the landlord. You both tell the same background facts. The only difference is your origin. If you are told that the apartment is already taken, but the other person with a German name gets a viewing appointment, this is sufficient evidence of discrimination. Please note: Testing is only legally permitted over the telephone or directly. Written tests, e.g. when you apply for a job, can be punishable by law if you provide false information.
Important: If you wish to take legal action against the discriminating person or organization, you must do so within 2 months of the incident.
What can I do if I am discriminated against by the police?
Discrimination can also be experienced by police officers. One experience that many people in Germany have, for example, is so-called racial profiling. When a person is stopped, questioned, searched or even arrested by the police simply because they appear suspicious because of their skin color or similar characteristics, this is "racial profiling". But discriminatory insults, abuse or assaults can also happen. Victims of police brutality or police violence can report the police officers. If you have experienced discrimination or violence from police officers, you can contact the "Campaign for Victims of Racist Police Violence"(KOP). You can find further contacts in the section "Where can I find help and support?".
Police officers are not above the law. What they may and may not do is regulated in the Criminal Code, the Code of Criminal Procedure and police law. You can find out more about this in our"Police" chapter.
Important: You have the right to ask for the police officer's ID card and to write down their details. This is important if you want to file a criminal complaint later. It is also always helpful to ask passers-by to observe the situation. Then you also have witnesses. Please note: You must file a criminal complaint within three months of the incident. You can do this directly at the public prosecutor's office. You do not have to go to the police.
Where can I find help & support?
The anti-discrimination advice centers support all people who have experienced discrimination and would like advice.
For example, you can search for an advice center near you at the Federal Anti-Discrimination Agency at antidiskriminierungsstelle.de. You can also call the Federal Anti-Discrimination Agency directly on 030-18555 1855 for advice. The advice center is available on Mondays from 1 - 3 pm and on Wednesdays and Fridays from 9 am - 12 pm. You can also contact the staff via email at [email protected]. The staff speak German. Counseling is free of charge and anonymous if desired. You will have to pay the usual telephone charges for the call. The Federal Anti-Discrimination Agency is a federal authority. Its task is to protect against discrimination. The Anti-Discrimination Agency can provide advice itself or refer people seeking help to advice centers in their area.
You can also ask the German Anti -Discrimination Association for help. The Anti-Discrimination Association is an association of independent advice centers. The umbrella organization does not provide advice itself, but can refer you to a counselling centre in your area.
Alternatively, you can also contact a migration advice center for adults or the youth migration service. The staff often speak many languages and can help you with all problems relating to life in Germany. You can find migration advice for adults at bamf.de. You can find a youth migration service near you at jugendmigrationsdienste.de.
How can an anti-discrimination advice center support me?
The staff at the anti-discrimination advice center will listen to you and help you to process what you have experienced. They will support you in asserting your rights. For example, by securing evidence and information, writing letters of complaint or accompanying you to mediation meetings. They will also help you if you want to take legal action against the discriminating person or organization and put you in touch with good lawyers, for example. Advice from the anti-discrimination advice service is free of charge.
What kind of unequal treatment is permitted?
In some cases, different treatment based on certain characteristics is permitted. This is the case, for example, if a law favors certain groups of people in order to compensate for disadvantages: Because women are disadvantaged in the labor market in Germany, it is therefore permissible for an employer to give preference to hiring women. Different treatment is also permitted, for example, if there is an objective reason for it: If fluency in German is necessary for the job, a language test may therefore be required.
What is linguistic discrimination?
When people discriminate against other people through words, this is called "linguistic discrimination". Linguistic discrimination confirms and reinforces actual discrimination: if you use negative words to describe a group or ignore them, you show that they are supposedly worth less than others or even nothing at all. In Germany, for example, it is not okay to refer to Roma as "gypsies". Or if you only talk about "readers" but not about "female readers". This is because it discriminates against certain groups of people. On esf-queerschittsziele.de you will find various glossaries in German on the topic of non-discriminatory language.
Important
If you want to take legal action against discrimination, you must act quickly. You must report discrimination at work or in everyday life within two months. If you want to report police officers, you must do so within three months.
Despite being a legal right in Germany, discrimination based on origin, religion, sexual identity, gender, age, and other characteristics is still prevalent in various aspects of life, such as job interviews, housing searches, interactions with authorities, schools, medical facilities, leisure activities, and even encounters with the police. A person with a disability might be denied entry into a club, while someone wearing a headscarf might not get offered a job, and children speaking little German might be treated unfavorably in schools. Even if someone's experience may not be legally considered discrimination, they can seek advice and counseling from anti-discrimination advice centers to process their feelings and develop coping strategies for the future. Additionally, the German Basic Law guarantees equality before the law for all individuals, regardless of their origin or residence status, providing legal recourse against discrimination through the General Equal Treatment Act (AGG).
Source: handbookgermany.de
