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Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

Key Area:
Anti-discrimination Legislation & Implementation
Racism, Discrimination
19/12/2011 - 14:49
Short Answer


Qualitative Info

The AGG covers the following grounds of discrimination in the sphere of labour law: race, ethnic origin, sex/gender, age, disability, sexual identity, religion or belief (art. 1 AGG).
In the sphere of civil law (e.g. access to goods and services, housing) discrimination is banned on the same grounds, the only exception being the grounds of belief (art. 19 (1) AGG).
This ban on discrimination in civil law only refers to ‘civil-law obligations which (1) typically arise without regard of person in a large number of cases under comparable conditions (bulk business) or where the regard of person is of subordinate significance on account of the obligation and the comparable conditions arise in a large number of cases; or which (2) have as their object a private-law insurance’.
Discrimination due to one’s ethnic origin/race is prohibited by the Act also beyond these ‘bulk business’ limitations, which makes the ban on ethnic discrimination the most comprehensive one.

Note: The federal state of Berlin is currently in the process of discussing and drafting a state antidiscrimination bill, which may also cover the characteristic of ‘social status`.



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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