Legal contextualisation

BUG developed an overview document on aspects that should be considered in case of an AGG amendment. This also includes legal protection against institutional discrimination. Further information can be found here.

In Germany a multi-dimensional protection against discrimination exists consisting of obligations under international law, the German Basic Law, European regulations and national legislation based on aforementioned standards.

Both the parts of the Basic Law protecting against discrimination and the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) are national legislation that is theoretically relevant for dealing with institutional racism or institutional discrimination in a broader context. However, as previously mentioned, in Germany the institutional form of racism or discrimination has so far been recognized only to a very limited extent. Discriminatory practices are largely denied by the respective institutions.

At international level, the European Convention on Human Rights (ECHR), the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) play a role in protecting against (institutional) discrimination.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2018