The Participation and Integration Act of Baden-Wuerttemberg (PartIntG) was passed by the Landtag in Baden-Wuerttemberg on November 25th 2015. It was drafted as part of several laws in order to improve equal opportunities and the participation of people with a migration background in Baden-Wuerttemberg.
Purpose of the PartIntG is therefore to enable the equal participation of people with and without a migration background in all areas of social life, both across ethnic and social borders, and to realise the peaceful cohabitation of different cultures.
The authorities, universities and courts as well as all corporations, institutions and foundations under public law in the state of Baden-Württemberg are bound by the Act. In addition, private employers are also obliged to comply with § 8 PartIntG.
Positive Action is not explicitly mentioned in the Act itself. A legal opinion, which was intended to assess the legal framework in advance, concluded that Positive Action measures in the form of quotas were even unconstitutional.
The regional government concluded that the formal legal equality of people with a migrant background in Baden-Wuerttemberg is not sufficient to create actual equal opportunities. Therefore, this Act aims at increasing the employment proportion of people with a migration background.
In this sense § 6 PartIntG states that the proportion of people with a migrant background in the state administration should reflect the proportion of people with a migration background in the country's total population. This constitutes a target quota.
Also § 7 PartIntG pursues such a target quota. Bodies in which the State has a right of nomination should also be staffed to an appropriate extent by people with a migration background. This means that committees should proportionately reflect the diversity of the population and may only neglect this obligation in exceptional cases.
Apart from these targets, the Act does not contain any further measures to specifically promote the participation of people with a migration background.