In 1994, the formal equality of people with disabilities in Germany was explicitly enshrined in the Basic Law. Article 3 (3) sentence 2 of the Basic Law prohibits discrimination on the grounds of disability. The active promotion of people with disabilities beyond this was primarily introduced in Germany by international and European law.

Art. 7 (2) of the EU Directive 2000/78/EC has enabled the EU Member States to take Positive Action in favour of people with disabilities.

The UN Disability Rights Convention, which has been legally binding in Germany since March 2009, obliges the states in Art. 27 to take Positive Action to achieve equality of rights for people with disabilities and to promote the adoption of Positive Action in the private sector.

The general legal basis in Germany for Positive Action is § 5 AGG. Other Acts which contain more concrete Positive Action measures for people with disabilities are the Social Code IX and the Federal Equality Act for People with Disabilities.