Since Germany signed the Convention on the Rights of Persons with Disabilities in 2008, it has since then become an obligation under international public law to implement the Convention in all regards. In accordance with Art. 2 CRPD, such discrimination “means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable arrangements.” The Convention thereby provides a definition of discrimination based on disability, which goes beyond discrimination in the work field and has an extended application across civil law. This is further supported by the general obligation of contracting states in Art. 4 (1 e) CRPD “(…) to take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;”.

The discrimination ground of “disability” in § 1 AGG should be extended with a clarifying definition in accordance with the definition given by the Convention, as to prevent diverging interpretations.