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Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

Code:
RED6
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination
20/12/2011 - 13:31
Short Answer

Yes.

Qualitative Info

Implementing the EU directive 2000/43, the AGG covers all the areas provided for in the directive. However, the AGG contains exceptional provisions that do not appear to be in line with the directive. Besides a questionably broad interpretation of the rights of religious organisations to privilege members of their denomination (§ 9 AGG), the AGG explicitly exempts the area of dismissal form the scope of the law; instead, the AGG refers to the Law against Unfair Dismissal (Kündigungsschutzgesetz) (§ 2 (4) AGG).
The law also contains a provision that limits the prohibition of housing discrimination (irrespective of the specific grounds of discrimination, but mainly relevant to migrants and ethnic minorities: According to § 19 (3) AGG, ‘in the case of rental of housing, a difference of treatment shall not be deemed to be discrimination where they (sic.) serve to create and maintain stable social structures regarding inhabitants and balanced settlement structures, as well as balanced economic, social and cultural conditions.’

 


Source:

General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), 14.08.2006, http://www.gesetze-im-internet.de/agg/ (accessed on 21.12.2011).

 

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination, Anti-racism
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