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In accordance with § 2 (1) AGG, discrimination protection under AGG applies widely to employment and to access to public goods and services.

This norm corresponds only conditionally to the European guidelines, as not all the areas of life that are required by the directives are covered.

Since the AGG is applied only in relation to civil law (with the exceptions of Employment Law, which is also applicable under public services), it does not protect from discrimination by State actors such as the administration, the police, and State establishments for education insofar the actions of these are to be considered falling under public law. Such cases of discrimination can only be penalised by the principle of equality in accordance with article 3 (3) German Basic Law, whose implementation however, is extremely problematic from a procedural point of view.

In interaction with the government, whether Federal or State level, there are no less discriminatory actions as there are in the private sector. Therefore, it is recommended that an Anti-Discrimination Law applicable in the public legal sector pertaining to conduct with Federal agencies should be implemented. In areas of life that have tendencies towards being discriminatory, for which the State (Land) government has legislative power, the Federal government should encourage the State governments to adopt appropriate anti-discrimination measures. For example, this concerns schooling, the police, and administration. Alternatively, the respective special laws – such as the Federal Police Law, the State Police Laws, the State School and Higher Education Laws etc. – could also be supplemented by non-discriminatory norms.