Kantor Center for the Study of Contemporary European Jewry

Germany

The following law excerpts appear in the publication "Legislating for Equality, A Multinational Collection of Non-Discrimination Norms. Vol. I: Europe":

1.            CONSTITUTIONAL PROVISIONS 

Hereinafter are the relevant provisions in the Basic Law of the Federal Republic of Germany, as amended up to 29 July 2009.[1] 

Article 3 - Equality before the law 

"1. All persons shall be equal before the law.

2.        Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.

3.        No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavoured because of disability."

Article 4 - Freedom of faith and conscience

"1. Freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable.

2.        The undisturbed practice of religion shall be guaranteed.

3.        No person shall be compelled against his conscience to render military service involving the use of arms. Details shall be regulated by a federal law. " 

Article 5- Freedom of expression, arts and sciences

"1. Every person shall have the right freely to express and dis­seminate his opinions in speech, writing and pictures, and to inform himself without hindrance from generally acces­sible sources. Freedom of the press and freedom of report­ing by means of broadcasts and films shall be guaranteed. There shall be no censorship.

2.        These rights shall find their limits in the provisions of gen­eral laws, in provisions for the protection of young persons, and in the right to personal honour.

3.         Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution. " 

Article 7- School system

"1. The entire school system shall be under the supervision of the state.

2. Parents and guardians shall have the right to decide whether children shall receive religious instruction.

3. Religious instruction shall form part of the regular curricu­lum in state schools, with the exception of non-denomina­tional schools. Without prejudice to the state’s right of su­pervision, religious instruction shall be given in accordance with the tenets of the religious community concerned. Teachers may not be obliged against their will to give religious instruction.

4. The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the state and shall be subject to the laws of the Länder. Such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities, or the pro­fessional training of their teaching staff, and when segrega­tion of pupils according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured.

5. Private elementary school shall be approved only if the educational authority finds that it serves a special pedagog­ical interest or if, on the application of parents or guardi­ans, it is to be established as a denominational or interde­nominational school or as a school based on a particular philosophy and no state elementary school of that type exists in the municipality.

6. Preparatory schools shall remain abolished." 

Article 8 - Freedom of assembly

"1. All Germans shall have the right to assemble peacefully and unarmed without prior notification or permission.

2.        In the case of outdoor assemblies, this right may be restrict­ed by or pursuant to a law. "

Article 9 - Freedom of association

"1. All Germans shall have the right to form corporations and other associations.

2.        Associations whose aims or activities contravene the crimi­nal laws, or that are directed against the constitutional or­der or the concept of international understanding, shall be prohibited. (…)" 

Article 18 ­-­ Forfeiture of basic rights

"Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the free­dom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunica­tions (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Federal Constitutional Court." 

Article 19 - Restriction of basic rights – legal remedies

"1. Insofar as, under this Basic Law, a basic right may be re­stricted by or pursuant to a law, such law must apply gener­ally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears.

2.        In no case may the essence of a basic right be affected.

3.        The basic rights shall also apply to domestic artificial per­sons to the extent that the nature of such rights permits.

4.         Should any person’s rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 10 shall not be affected by this paragraph. " 

Article 21 - Political parties

"1. Political parties shall participate in the formation of the po­litical will of the people. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds.

2.        Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free dem­ocratic basic order or to endanger the existence of the Fed­eral Republic of Germany shall be unconstitutional. The Federal Constitutional Court shall rule on the question of unconstitutionality.

3.        Details shall be regulated by federal laws." 

Article 25 - Primacy of international law

"The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabit­ants of the federal territory." 

2.                     HUMAN RIGHTS RELATED LEGISLATION

INTERSTATE TREATY GOVERNING THE PROTECTION OF MINORS IN THE MEDIA[2] 

Article 4 of the treaty prohibits programs "which incite hatred against parts of the population or against a group which is determined by nationality, race., religion, or ethnic origin, or which propagate violence and discrimination against such parts or groups, or which attack the human dignity of others by insulting, maliciously ridiculing or defaming parts of the population". 

ACT TO INTRODUCE THE CODE OF CRIMES AGAINST INTERNATIONAL LAWOF 26 JUNE 2002[3] 

Section 1 - Scope of application

"This Act shall apply to all criminal offences against international law designated under this Act, to serious criminal offences1 designated therein even when the offence was committed abroad and bears no relation to Germany." 

Section 5 - Non-applicability of statute of limitations

"The prosecution of serious criminal offences pursuant to this Act and the execution of sentences imposed on their account shall not be subject to any statute of limitations." 

Section 6 - Genocide

"(1) Whoever with the intent of destroying as such, in whole or in part, a national, racial, religious or ethnic group

1.         kills a member of the group,

2.        causes serious bodily or mental harm to a member of the group, especially of the kind referred to in section 226 of the Criminal Code,

3.        inflicts on the group conditions of life calculated to bring about their physical de­struction in whole or in part,

4.        imposes measures intended to prevent births within the group,

5.    forcibly transfers a child of the group to another group shall be punished with imprisonment for life.

(2) less serious cases referred to under subsection (1), numbers 2 to 5, the punishment shall be imprisonment for not less than five years."

Section 7 - Crimes against humanity

"(1) Whoever, as part of a widespread or systematic attack directed against any civil­ian population,

1.         kills a person,

2.        inflicts, with the intent of destroying a population in whole or in part, conditions of life on that population or on parts thereof, being conditions calculated to bring about its physical destruction in whole or in part,

3.        traffics in persons, particularly in women or children, or whoever enslaves a person in another way and in doing so arrogates to himself a right of ownership over that person,

4.        deports or forcibly transfers, by expulsion or other coercive acts, a person lawfully present in an area to another State or another area in contravention of a general rule of international law,

5.        tortures a person in his or her custody or otherwise under his or her control by causing that person substantial physical or mental harm or suffering where such harm or suffering does not arise only from sanctions that are compatible with inter­national law,

6.        sexually coerces, rapes, forces into prostitution or deprives a person of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population,

7.        causes a person’s enforced disappearance, with the intention of removing him or her from the protection of the law for a prolonged period of time,

(a)    by abducting that person on behalf of or with the approval of a State or a po­litical organisation, or by otherwise severely depriving such person of his or her physical liberty, followed by a failure immediately to give truthful informa­tion, upon inquiry, on that person’s fate and whereabouts, or

(b)    by refusing, on behalf of a State or of a political organisation or in contraven­tion of a legal duty, to give information immediately on the fate and where­abouts of the person deprived of his or her physical liberty under the circum­stances referred to under letter (a) above, or by giving false information thereon,

8.       causes another person severe physical or mental harm, especially of the kind re­ferred to in section 226 of the Criminal Code,

9.        severely deprives, in contravention of a general rule of international law, a person of his or her physical liberty, or

10.    persecutes an identifiable group or collectivity by depriving such group or collectivity of fundamental human rights, or by substantially restricting the same, on politi­cal, racial, national, ethnic, cultural or religious, gender or other grounds that are recognised as impermissible under the general rules of international law shall be punished, in the cases referred to under numbers 1 and 2, with imprisonment for life, in the cases referred to under numbers 3 to 7, with imprisonment for not less than five years, and, in the cases referred to under numbers 8 to 10, with imprisonment for not less than three years.

(2) In less serious cases under subsection (1), number 2, the punishment shall be imprisonment for not less than five years, in less serious cases under subsection (1), numbers 3 to 7, imprisonment for not less than two years, and in less serious cases under subsection (1), numbers 8 and 9, imprisonment for not less than one year.

(3) Where the perpetrator causes the death of a person through an offence pursuant to subsection (1), numbers 3 to 10, the punishment shall be imprisonment for life or for not less than ten years in cases under subsection (1), numbers 3 to 7, and imprison­ment for not less than five years in cases under subsection (1), numbers 8 to 10.

(4) In less serious cases under subsection (3) the punishment for an offence pursuant to subsection (1), numbers 3 to 7, shall be imprisonment for not less than five years, and for an offence pursuant to subsection (1), numbers 8 to 10, imprisonment for not less than three years.

(5) Whoever commits a crime pursuant to subsection (1) with the intention of main­taining an institutionalised regime of systematic oppression and domination by one racial group over any other shall be punished with imprisonment for not less than five years so far as the offence is not punishable more severely pursuant to subsection (1) or subsection (3). In less serious cases the punishment shall be imprisonment for not less than three years so far as the offence is not punishable more severely pursuant to subsection (2) or subsection (4). "

Section 8 - War crimes against persons

"(1) Whoever in connection with an international armed conflict or with an armed con­flict not of an international character

1.         kills a person who is to be protected under international humanitarian law,

2.        takes hostage a person who is to be protected under international humanitarian law,

3.        treats a person who is to be protected under international humanitarian law cruelly or inhumanly by causing him or her substantial physical or mental harm or suffer­ing, especially by torturing or mutilating that person,

4.        sexually coerces, rapes, forces into prostitution or deprives a person who is to be protected under international humanitarian law of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population,

5.        conscripts children under the age of fifteen years into the armed forces, or enlists them in the armed forces or in armed groups, or uses them to participate actively in hostilities,

6.        deports or forcibly transfers, by expulsion or other coercive acts, a person who is to be protected under international humanitarian law and lawfully present in an area to another State or another area in contravention of a general rule of interna­tional law,

7.        imposes on, or executes a substantial sentence in respect of a person who is to be protected under international humanitarian law, in particular the death penalty or imprisonment, without that person having been sentenced in a fair and regular trial affording the legal guarantees required by international law,

8. – 9. (…) "

3.                     PENAL CODE PROVISIONS

FEDERAL CRIMINAL CODE OF 13 NOVEMBER 1998, AS AMENDED UP TO 4 JULY 2009[4]

Section 6 - Offences committed abroad against internationally protected legal interests

"German criminal law shall further apply, regardless of the law of the locality where they are committed, to the following offences committed abroad:

1.     (repealed)[5] ;

2-8 (…)

9.    offences which on the basis of an international agreement binding on the Federal Republic of Germany must be prosecuted even though committed abroad."

Section 86 -Dissemination of propaganda material of unconstitutional organisations

"(1) Whosoever within Germany disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination within Germany or abroad, propaganda material:

1.               of a political party which has been declared unconstitutional by the Federal Constitutional Court or a political party or organisation which has been held by final decision to be a surrogate organisation of such a party;

2.              of an organisation which has been banned by final decision because it is directed against the constitutional order or against the idea of the comity of nations or which has been held by final decision to be a surrogate organisation of such a banned organisation;

3.              of a government, organisation or institution outside the Federal Republic of Germany active in pursuing the objectives of one of the parties or organisations indicated in Nos 1 and 2 above; or

4.              propaganda materials the contents of which are intended to further the aims of a former National Socialist organisation,

shall be liable to imprisonment of not more than three years or a fine.

(2) Propaganda materials within the meaning of subsection (1) above shall only be written materials (section 11(3))[6] the content of which is directed against the free, democratic constitutional order or the idea of the comity of nations.

(3)Subsection (1) above shall not apply if the propaganda materials or the act is meant to serve civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes.

(4)If the guilt is of a minor nature, the court may order a discharge under this provision."

Section 86a -Using symbols of unconstitutional organisations

"(1) Whosoever

1. domestically distributes or publicly uses, in a meeting or in written materials (section 11(3))[7] disseminated by him, symbols of one of the parties or organisations indicated in section 86(1) Nos 1, 2 and 4[8]; or

2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1,

shall be liable to imprisonment of not more than three years or a fine.

(2)Symbols within the meaning of subsection (1) above shall be in particular flags, insignia, uniforms and their parts, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them.

(3) Section 86(3) and (4)[9] shall apply mutatis mutandis. "

Section 104 - Violation of flags and state symbols of foreign states

"1. Whosoever removes, destroys, damages, renders unrecognisable or insults by mischief a flag of a foreign state, which is displayed according to legal provisions or recognised custom, or a state symbol of such a state which has been publicly installed by a recognised mission of such state, shall be liable to imprisonment of not more than two years or a fine.

2.        The attempt shall be punishable. "

Section 129 - Forming criminal organisations

"1. Whosoever forms an organisation the aims or activities of which are directed at the commission of offences or whosoever participates in such an organisation as a member, recruits members or supporters for it or supports it, shall be liable to imprisonment of not more than five years or a fine.

2.        Subsection (1) above shall not apply

1.               if the organisation is a political party which the Federal Constitutional Court has not declared to be unconstitutional;

2.              if the commission of offences is of merely minor significance for the objectives or activities or to the extent that the objectives or activities of the organisation relate to offences under sections 84 to 87.

3.              The attempt to form an organisation as indicated in subsection (1) above shall be punishable.

4.              If the offender is one of the ringleaders or hintermen or the case is otherwise especially serious the penalty shall be imprisonment from six months to five years; the penalty shall be imprisonment from six months to ten years if the aim or the activity of the criminal organisation is directed at the commission of an offence set out in section 100c (2) No 1 (a), (c), (d), (e), and (g) with the exception of offences pursuant to section 239a or section 239b, (h) to (m) Nos 2 to 5 and 7 of the Code of Criminal Procedure.

5. – 6. (…)."

Section 130 - Incitement to hatred

"(1) Whosoever, in a manner liable to disturb public peace,

1.               incites hatred against parts of the population or calls for violent or arbitrary measures against them; or

2.              attacks the human dignity of others by insulting, maliciously maligning, or defaming parts of the population,

shall be liable to imprisonment for a period of three months to five years.

 (2) Whosoever

1.     with respect to written materials (section 11(3)[10]) which incite hatred against parts of the population or a national, racial or religious group, or one characterised by its ethnic customs, which call for violent or arbitrary measures against them, or which assault the human dignity of others by insulting, maliciously maligning or defaming parts of the population or a previously indicated group

(a)          disseminates such written materials;

(b)          publicly displays, posts, presents, or otherwise makes them accessible;

(c)           offers, supplies or makes them accessible to a person under eighteen years; or

(d)          produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of Nos (a) to (c) or facilitate such use by another; or

2.    disseminates a presentation of the content indicated in No 1 above by radio, media services, or telecommunication services

shall be liable to imprisonment of not more than three years or a fine.

(3) Whosoever publicly or in a meeting approves of, denies or downplays an act committed under the rule of National Socialism of the kind indicated in section 6 (1) of the Code of International Criminal Law[11], in a manner liable to disturb the public peace shall be liable to imprisonment of not more than five years or a fine.

(4)Whosoever publicly or in a meeting disturbs the public peace in a manner that violates the dignity of the victims by approving of, glorifying, or justifying National Socialist rule of arbitrary force shall be liable to imprisonment of not more than three years or a fine. [12]

(5)Subsection (2) above shall also apply to written materials (section 11(3)) of a content such as is indicated in subsections (3) and (4) above.

(6)In cases under subsection (2) above, also in conjunction with subsection (5) above, and in cases of subsections (3) and (4) above, section 86(3) shall apply mutatis mutandis. "

Section 130a - Attempting to cause the commission of offences by means of publication

"1. Whosoever disseminates, publicly displays, posts, presents, or otherwise makes accessible written material (section 11(3)) capable of serving as an instruction for an unlawful act named in section 126(1) and intended by its content to encourage or cause others to commit such an act, shall be liable to imprisonment of not more than three years or a fine.

2. Whosoever

1.     disseminates, publicly displays, posts, presents, or otherwise makes accessible written material (section 11(3)) capable of serving as an instruction for an unlawful act named in section 126(1); or

2.    gives instructions for an unlawful act named in section 126(1) publicly or in a meeting,

in order to encourage or cause others to commit such an act, shall incur the same penalty.

3. Section 86(3) shall apply mutatis mutandis."

Section 131 - Dissemination of depictions of violence

"(1) Whosoever

1.               disseminates written materials (section 11(3)), which describe cruel or otherwise inhuman acts of violence against humans or humanoid beings in a manner expressing glorification or which downplays such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which violates human dignity;

2.              publicly displays, posts, presents, or otherwise makes them accessible;

3.              offers, supplies or makes them accessible to a person under eighteen years; or

4.              produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers 1 to 3 above or facilitate such use by another

shall be liable to imprisonment of not more than one year or a fine.

(2)Whosoever disseminates a presentation with a content indicated in subsection (1) above by radio, media services, or telecommunication services shall incur the same penalty.

(3)Subsections (1) and (2) above shall not apply in cases of reporting about current or historical events.

(4)Subsection (1) No 3 above shall not apply if the person authorised to care for another person acts; this shall not apply if that person grossly neglects his duty of education by offering, giving, or making them accessible. "

Section 166 - Defamation of religions, religious and ideological associations

"(1) Whosoever publicly or through dissemination of written materials (section 11(3)) defames the religion or ideology of others in a manner that is capable of disturbing the public peace, shall be liable to imprisonment of not more than three years or a fine.

(2) Whosoever publicly or through dissemination of written materials (section 11(3)) defames a church or other religious or ideological association within Germany, or their institutions or customs in a manner that is capable of disturbing the public peace, shall incur the same penalty."

Section 167 - Disturbing the exercise of religion

"(1) Whosoever

1. intentionally and inappropriately disturbs a religious service or an act of religious worship of a church or other religious association within Germany or

2. commits defamatory mischief at a place dedicated to the religious worship of such a religious association

shall be liable to imprisonment of not more than three years or a fine.

 (2) The ceremonies of an ideological association within Germany shall be equivalent to religious worship."

Section 167a - Disturbing a funeral

"Whosoever intentionally or knowingly disturbs a funeral shall be liable to imprisonment of not more than three years or a fine."

Section 168 - Desecration of graves etc

"(1) Whosoever unlawfully takes away the body or parts of the body of a deceased person, a dead foetus or parts thereof or the ashes of a deceased person from the custody of the person entitled thereto or whosoever commits defamatory mischief on them, shall be liable to imprisonment of not more than three years or a fine.

(2) Whosoever destroys or damages the place where a body is laid in state, a burial site or a public memorial for the dead or whosoever commits defamatory mischief on them shall incur the same penalty.

(3) The attempt shall be punishable."

Section 185 - Insult

"An insult shall be punished with imprisonment of not more than one year or a fine and, if the insult is committed by means of an assault, with imprisonment of not more than two years or a fine."

Section 189 - Violating the memory of the dead

"Whosoever defames the memory of a deceased person shall be liable to imprisonment of not more than two years or a fine."

Section 211 - Murder under specific aggravating circumstances

"(1) Whosoever commits murder under the conditions of this provision shall be liable to imprisonment for life.

(2) A murderer under this provision is any person who kills a person for pleasure, for sexual gratification, out of greed or otherwise base motives, by stealth or cruelly or by means that pose a danger to the public or in order to facilitate or to cover up another offence. "

Section 304 - Damage to objects of public interest

"(1) Whosoever unlawfully damages or destroys objects of veneration of a religious association existing within Germany or property dedicated to religious worship, or tombstones, public monuments, natural monuments, objects of art, science or craft which are kept in public collections or publicly exhibited, or objects which serve a public need or add to the ambience of public paths, squares or parks, shall be liable to imprisonment of not more than three years or a fine.

(2) Whosoever unlawfully alters the appearance of an object listed under subsection 1 above substantially and permanently shall incur the same penalty.

(3) The attempt shall be punishable."

4.                     NON-DISCRIMINATION 

GENERAL ACT ON EQUAL TREATMENT OF 14 AUGUST 2006, AMENDED UP TO 12 DECEMBER 2007[13]

Article 1 - Purpose

"The purpose of this Act is to prevent or to stop discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual orientation." 

Article 2 - Scope

"(1) For the purposes of this Act, any discrimination within the meaning of Article 1 shall be inadmissible in relation to:

1. conditions for access to dependent employment and self-employment, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of professional hierarchy, including promotion;

2. employment conditions and working conditions, including pay and reasons for dismissal, in particular in contracts between individuals, collective bargaining agreements and measures to implement and terminate an employment relationship, as well as for promotion;

3. access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

4. membership of and involvement in an organisation of workers or employers or any organisation whose members carry on a particular profession, including all benefits provided for by such organisations;

5. social protection, including social security and health care;

6. social advantages;

7. education;

8. access to and supply of goods and services which are available to the public, including housing.

(…)" 

Article 7 - Prohibition of Discrimination

" (1) Employees shall not be permitted to suffer discrimination on any of the grounds referred to under Article 1; this shall also apply where the person committing the act of discrimination only assumes the existence of any of the grounds referred to under Article 1.

(2) Any provisions of an agreement which violate the prohibition of discrimination under Item (1) shall be ineffective.

(3) Any discrimination within the meaning of Item (1) by an employer or employee shall be deemed a violation of their contractual obligations. " 

Article 15 - Compensation and Damages

"(1) In the event of a violation of the prohibition of discrimination, the employer shall be under the obligation to compensate the damage arising therefrom. This shall not apply where the employer is not responsible for the breach of duty.

(2) Where the damage arising does not constitute economic loss, the employee may demand appropriate compensation in money. This compensation shall not exceed three monthly salaries in the event of non-recruitment, if the employee would not have been recruited if the selection had been made without unequal treatment.

(3) The employer shall only be under the obligation to pay compensation where collective bargaining agreements have been entered into when he or she acted with intent or with gross negligence.

(4) Any claim resulting from Items (1) or (2) must be asserted in writing within a period of two months, unless the parties to a collective bargaining agreement have agreed otherwise. In the case of an application or promotion, the time limit shall commence on the date on which the rejection is received; in other cases of discrimination the time limit shall commence on the date on which the employee learns of the discrimination.

(5) This shall be without prejudice to other claims against the employer resulting from other legal provisions.

(6) Any violation on the part of the employer of the prohibition of discrimination under Article 7(1) shall not justify a claim to the establishment of an employment relationship, a vocational training relationship or to promotion, unless such a relationship or promotion results from another legal ground. "

Article 25 - Federal Anti-Discrimination Agency

"(1) A federal agency for the protection against discrimination on any of the grounds referred to in Article 1 (Federal Anti-Discrimination Agency) shall be established within the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, regardless of the competence of any Parliamentary Commissioners of the German Bundestag or Federal Government Commissioners.

(…)"

Article 27 - Tasks

"(1) Any person who believes he or she has been discriminated against on any of the grounds referred to in Article 1 may take their case to the Federal Anti-Discrimination Agency.

(2) The Federal Anti-Discrimination Agency shall give independent assistance to persons addressing themselves to the Agency in accordance with Item (1) in asserting their rights to protection against discrimination. Such assistance may, among other things, involve:

1. providing information concerning claims and possible legal action based on legal provisions providing protection against discrimination;

2. arranging for advice to be provided by another authority;

3. endeavouring to achieve an out-of-court settlement between the involved parties.

Where responsibility lies either with a Parliamentary Commissioner of the German Bundestag or a Federal Government Commissioner, the Federal Anti-Discrimination Agency shall immediately pass on the matters of the person referred to in Item (1), with their prior approval.

(3) The Federal Anti-Discrimination Agency shall take on and independently carry out the following tasks, insofar as no Parliamentary Commissioner of the Bundestag or Federal Government Commissioner is competent in the matter:

1. publicity work;

2. measures to prevent discrimination on any of the grounds referred to in Article 1;

3. academic studies into such discrimination.

(4) –(5) (…)."

5.            EQUALITY BODIES / OMBUDSMAN

Article 25 of the General Act on Equal Treatment (AGG) in 2006 establishes the Federal Anti-Discrimination Agency. The Agency is responsible for handling complaints on discrimination, carrying out awareness raising work, taking measures to prevent discrimination on any of the grounds listed in the AGG and carrying out academic research into discrimination. [14]

 


[1]Source: FRA – Fundamental Rights Agency,  Chartepedia website: http://infoportal.fra.europa.eu/InfoPortal/infobaseShowContent.do 

[2]  Source - Hogan Lovells'  Study of Hate Crimes Legislation, http://www.ajc.org/

[3]Promulgated in the Federal Law Gazette on 26 June 2002, available at:  http://www.unhcr.org/refworld/ 

[4] Service provided by the Federal Ministry of Justice in corporation with juris GmbH – www.juris.de. http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html

[5]  Prior to the repeal, this sub-section specified "genocide".

[6] Section 11(3)   - "Audiovisual media, data storage media, illustrations and other depictions shall be equivalent to written material in the provisions which refer to this subsection". 

[7] Section 11(3)   - "Audiovisual media, data storage media, illustrations and other depictions shall be equivalent to written material in the provisions which refer to this subsection". 

[8] Section 86 (1) specified above

[9] Section 86 (3) and (4) specified above.

[10] Section 11(3)   - "Audiovisual media, data storage media, illustrations and other depictions shall be equivalent to written material in the provisions which refer to this subsection." 

[11] Section 6 on genocide appears above in Human Rights Legislation, Act to Introduce the Code of Crimes against International Lawof 26 June 2002

[12]  Section 130 (4) was added in 2005. Source – Hogan Lovells' Study of Hate Crimes Legislation, available at: http://www.ajc.org/

[13] Translation adapted from non-official version, available at: http://www.agg-ratgeber.de, a service given under Ministeriums für Gesundheit, Emanzipation, Pflege und Alter, from the Land Nordrhein-Westfalen.