Discrimination and Equal Opportunities

Racial Discrimination

In Germany, the constitutional principle of equality laid down in the Basic Law in itself forbids racial discrimination. State organs such as the police and authorities are legally obliged to treat people equally. With discrimination in the private sphere, however, such as when looking for a flat or in the labour market, there is still currently no special legal basis for providing protection against discrimination. Charitable organisations, trade unions and foreigners’ and integration representatives will advise and support you in cases of discrimination. In some cities there are also some special anti-discrimination offices.

In future there will be improved legal protection against racial discrimination. This principally relates to labour and civil law, and thus encompasses, for example, insurance policies and tenancy agreements. It will be possible, for instance, to claim damages.

You can find more information at

www.stop-discrimination.info

Women

"Men and women have equal rights. The state promotes the actual implementation of equal rights of women and men and works towards the elimination of existing disadvantages." (German Basic Law, Art. 3 Para. 2)

In order to promote equal rights for men and women both in the workplace and in public life, a number of "equal opportunity laws" ("Gleichstellungsgesetze") have been implemented. These particularly apply to the civil service. Many cities have advice centres to advise and inform people on the specific support offered to women. These offices have names such as "Regionalstelle Frau und Beruf", "Frauenbüro" or "Gleichstellungsstelle". In most cities and in some companies there are commissioners to represent the interests of women. These representatives are called "Gleichstellungsbeauftragte". Some political parties also have a women’s quota to ensure that women are equally represented in decision-making positions. These quotas ensure that a certain number of places are reserved for women only.

Sexual Harassment

Sexual harassment of women and men is illegal in Germany. There are special laws ("Beschäftigtenschutzgesetz") protecting women and men from sexual harassment in the workplace. Sexual harassment at work refers to any sexual behaviour that is not wished by the person concerned. For instance, physical contact and attacks, comments with sexual undertones, displaying pornographic material and requesting sexual acts. Employers are obliged to examine all complaints. Perpetrators of sexual harassment can be dismissed without notice.

Information on sexual harassment is available from the Federal Ministry for Family, Women, Senior Citizens and Youth Affairs at www.bmfsfj.de.

Abuse in the Family

In Germany every form of abuse within the family is illegal. Parents may not punish their children by hitting them. This is against the law. Anyone who is abused by their spouse does not have to fear being deported should they leave their spouse. If this abused person separates from their spouse they are allowed to remain in Germany (see chapter Foreigners’ Rights). In cases of domestic violence, the police can be called and the offender removed from the apartment and not permitted back. If the police believe there is a risk of a violent attack, or if one has already taken place, they can demand the keys from the offender and remove that person from the apartment. A restraining order can and should be applied for immediately, which forbids the offender from entering the home and protects the spouse and family by forbidding the offender to contact the abused person. There are women's shelters in most German cities where women can seek refuge for a period of time. Telephone numbers can be found in the telephone directory or are available from the police. The anonymity of the victim is guaranteed. Help and advice can be sought from the Association for the Protection of Children ("Kinderschutzbund"), charitable organisations (see chapter Organisations and Contacts), the Youth Welfare Office ("Jugendamt") and special advice centres and lawyers.

Same-sex Partnerships

Discrimination of homosexuals is forbidden in Germany. But while it may be forbidden, homosexuality is not always generally accepted. Many famous personalities are homosexual and do not hide their sexual preferences. "Ich bin schwul und das ist auch gut so" ("I’m gay and that’s a good thing too") was a famous quote by Berlin’s Mayor Klaus Wowereit in the run up to the election. Homosexual or "same-sex partnerships" are almost equal to those of heterosexual marriages. A special law on the equality of homosexual partnerships ("Gesetz zur Gleichbehandlung homosexueller Partnerschaften") has been passed to define this. Equality also means, for example, that foreign partners of homosexuals in Germany can be granted a residence permit for the purposes of joining and living in civil union.

Information can be found at the "Standesamt" in the local town hall or at advice centres and gay and lesbian interest groups, which can be found in most larger towns and cities.

Disabilities

Disabled persons and relatives of mentally or physically disabled persons can visit special advice centres. These centres give advice on care and rehabilitation and also provide information on the possibilities for receiving financial aid and benefits. You can obtain the addresses of centres from doctors or your local town hall.

Tel 01888-441-2944

www.behindertenbeauftragter.de