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Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

Code:
RED17
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
20/12/2011 - 13:51
Short Answer

Yes.

Qualitative Info

The sanctions (i.e. compensation payments) that employers, who have been convicted of unlawful discrimination, have to pay have been fairly low in practice. In the context of racial discrimination, sanctions of more than three monthly salaries have not been recorded yet. Payment for the financial loss caused by the discriminatory non-recruitment has not imposed thus far (in cases determined to be unlawful forms of ethnic discrimination). In the context of civil law (primarily access to housing and to goods and services, especially night clubs), the courts have obliged the convicted perpetrators to only very low compensation payments.

 


Source:

Bosch, Nicole/ Peucker, Mario/ Reiter, Stefanie (2008), Racism, Xenophobia and Ethnic Discrimination in Germany 2007, p. 8-11.

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, Anti-racism
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Situation(s)
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