Experience has shown that purely formal equality before the law and a legal ban on discrimination are not sufficient to achieve de facto equality of treatment for certain groups. Here, proactive measures are one way of achieving the objective of de facto equality.

Positive Action is an active support measure with the aim of achieving actual equality. It goes beyond a mere prohibition of discrimination by actively regulating existing structures and societal mechanisms.

As the term “Positive Action” is not incorporated in legal wording, there are different definitions and understandings of it, which will be presented in this dossier. 

Positive Action evolved over a longer period of time. This dossier will provide an overview of this development. 

In addition, the legal basis of Positive Action within the meaning of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) is discussed and relevant judgments of the German Constitutional Court (Bundesverfassungsgericht) and the European Court of Justice are presented.