The basis for the prohibition of discrimination in the Federal Republic of Germany is the basic law (GG), which states a legal and social equality of every person. In particular, two fundamental rights which are stated in the basic law have to be mentioned. The general right of personality, which derives from Art. 2 para.1 and Art.1 para. 1 GG, as well as the precept of equality, deriving of art. 3 para. 3 no. 1 GG.

A constitutional complaint  is a remedy which allows people protected by the basic law to appeal against breaches of law by state power.

The general right of personality is not specifically stated in the basic law (GG), but in practice is established as the derivation of Art. 1 para. 1 (protection of human dignity) in connection with Art 2 para. 1 GG (right of free development of one’s personality. It contains the protection of privacy, which includes the sexual self-determination of a person. The protection is also valid for one’s own gender identity.

Another prohibition of discrimination occurs from the precept of equality in Art. 2 para. 3 no. 1 GG. Due to the precept of equality, every person has to be protected against discrimination. Therefore, Art. 3 para. 3 no. 1 GG states ‘Geschlecht’ (sex/gender), which also refers to genders beyond male or female. Although the wording of the before stated Art. 3 para. 2 GG only names men and women, there is no contradiction between the two paragraphs. Art 3 para. 2 GG underlines that existing societal disadvantages between men and women shall be removed but does not state that the gender system only recognises two genders.