Indicator history

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Is racial discrimination defined in national law?

Key Area:
Anti-discrimination Legislation & Implementation
Racism, Discrimination
04/01/2012 - 17:20
Short Answer

Yes, partly.

Qualitative Info

German law does not contain an explicit definition of racial discrimination in conformity with article 1.1. ICERD; the ratification of ICERD has not entailed any legal amendments.
The constitutional article 3 GG prohibits differential treatment due to one’s sex, descent, race, language, home or origin, faith, religion or belief; moreover it prohibits discrimination on the grounds of disability.
In addition, the federal General Equal Treatment Act (AGG), transposing the EU directive 2000/43 and other EU equality directives, contains a definition of unequal treatment (indirect and direct discrimination) due to, among other characteristics, someone’s race or ethnic origin.


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination
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