The German Anti-Discrimination Law of 2006
-A small Step?-
ABSTRACT
German parliament has passed a General Equal Treatment Act in 2006, and the implementation, ensued by controversial discussion, was mainly settled on because of pressure from the European Court of Justice. Generally, the law is intended to largely circumvent or abolish discrimination in most areas of public life. This paper is assessing the Act in the national, and international - mainly EU - context, as well as the main arguments of both proponents and opponents. It finds that most reasons against the Act can be refuted by arguments brought forward by proponents. In addition, the functionality of the Act is discussed, and some problems and backlashes are discovered, while the law itself is found to reveal gaps in terms of the scope of the legislation as well as the characteristics of discrimination.
The Act is criticized as it mainly offers correctional measures against discrimination with hindsight, while being less likely to avert discrimination in the first place. The legislation is found to have potential to shift the common consciousness to acknowledging diversity as a motor for societal and economic progress, and, as it recognizes that discrimination is a systemic rather than an individual problem in Germany, it might render as a building block to fight discrimination and exclusion. However, despite the fact that the German legislation is more concise than the EU guideline, it is shown that the legal framework is only a first small step toward equal and fair treatment in Germany. The paper argues that protection against discrimination is a structural principle of human rights beyond formal equality, that cannot be secured by the Act alone, but which can only be reached through a broader supportive structure. It is argued that those supportive structures are still missing in Germany as the country lacks an anti-discrimination-culture as well as societal awareness, and is missing a comprehensive network of NGOs and government agencies to support discriminated people.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The German Anti-Discrimination Law
- History and Origin
- Scope and Coverage
- Impact on the Workplace und the Employment Law
- Impact on other Legal Relationships under the Civil Law
- Assertion of Rights
- Anti-Discrimination Law: Positions
- Opponents
- Proponents
- Anti-Discrimination Law: Status Quo and Outlook
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to analyze the relevance and implication of the German Anti-Discrimination Law (AGG) of 2006, focusing on its emergence and context. It will argue that the legal framework is a first step towards equal and fair treatment in Germany, but not sufficient to bring about substantial change for discriminated individuals. The paper will also explore the history and origin of the AGG, its connection to European Union legislation, and its coverage and impact on labor and civil law.
- The emergence and context of the German Anti-Discrimination Law
- The impact of the law on labor and civil law
- The legal rights gained by discriminated groups
- The main arguments of both proponents and opponents of the Act
- The status quo and potential issues with the current legislation
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the German Anti-Discrimination Law (AGG) and its purpose. It highlights the law's implementation of four European Union (EU) Equal Treatment Directives, covering areas such as working life, social security, education, and civil law.
- The German Anti-Discrimination Law: History and Origin: This chapter delves into the historical context of the AGG, outlining its roots in Article 3 of the German Basic Law and its connection to European Union legislation. It also discusses the role of the European Court of Justice in pushing for the implementation of the anti-discrimination law.
- The German Anti-Discrimination Law: Scope and Coverage: This chapter examines the scope of the AGG, including the individuals and legal relationships it covers. It explores how the law expands upon the minimum standards required by the EU Directives and discusses the exceptions to the prohibition of discrimination.
- The German Anti-Discrimination Law: Impact on the Workplace and Employment Law: This chapter focuses on the AGG's impact on the workplace, outlining the law's provisions for equal treatment and the obligations placed on employers. It also examines exceptions to the prohibition of discrimination based on factors such as job requirements and religious affiliation.
Schlüsselwörter (Keywords)
The German Anti-Discrimination Law (AGG) of 2006, European Union (EU) Equal Treatment Directives, equal treatment, discrimination, race, ethnic origin, gender, religion, worldview, disability, age, sexual identity, labor law, civil law, workplace, employment, legal rights, proponents, opponents, status quo, implementation.
- Citation du texte
- Janna Lüttmann (Auteur), 2006, The German Anti-Discrimination Law of 2006 - A small step?, Munich, GRIN Verlag, https://www.grin.com/document/68942
