Elevated Discrimination Incidents Prompt Urgent Proposed Legal Changes
Anti-discrimination agencies receive record-high number of queries - Inquiry volume at anti-bias agencies hits record high
Last year marked a record-high of 11,400 individuals seeking help from the Federal Anti-Discrimination Agency due to experiences of discrimination. This staggering figure was presented in an annual report delivered by the agency's head, Ferda Ataman, in a recent gathering in Berlin.
"Never before have we seen such a high number," Ataman stated. Compared to 2023, when 10,800 people sought the agency's advice, and the pre-COVID year of 2019, which saw just over 4,200 inquiries, the number of complaints has more than doubled since then.
Major Categories of Discrimination Cases
Of the 11,405 complaints reported in 2024, 43% involved experiences of racism. A notable example includes a foreign-named man who struggled for months to secure an apartment viewing in Wuppertal, only for his German-named friend, Stefan, to be immediately welcomed for a viewing for the same property. However, the apartment supposedly had already been claimed, as per the report.
Grievances regarding experiences of disadvantage due to disability or chronic illness accounted for 27% of the cases, while 24% involved gender or gender identity issues. "Sadly, it's women who are often targeted most by gender-based discrimination, and these numbers are consistently climbing," Ataman shared.
Notable Incidents of Gender-Based Discrimination
The report revealed that most cases of discrimination occurred in the workplace, such as during hiring processes or within the office setting, at 33%.
Federal Politics at a Glance
Subscribe now for our no-cost capital newsletter!
Critique of the AGG and Calls for Reform
The report also indicated that more than 1,200 people had experienced discrimination at the hands of state institutions. The General Equal Treatment Act (AGG) does not provide protection in these instances, as Ataman pointed out. She considers that the AGG demands reform to address this issue. "Individuals in Germany may find themselves better safeguarded against discrimination in restaurants than in the workplace," she emphasized.
The AGG applies to cases that fall under its anti-discrimination protection, with slightly over 9,000 cases fitting this category. The remaining cases occurred in circumstances not covered by the AGG's provisions. "Not every instance of unequal treatment is considered prohibited under our law," Ataman clarified.
Current Limitations in Legal Anti-Discrimination Protection
Germany's anti-discrimination legislation faces several constraints, primarily centering on state institutions. The existing legislation, primarily the AGG, faces gaps that need to be filled:
Uneven Protection of State Institutions
The AGG does not offer sufficient protection against discrimination by state institutions, such as government offices, schools, the judiciary, and police.
Outdated Legislation
The lack of legislative reform in nearly 2 decades leaves the AGG inadequate for addressing modern challenges and evolving societal needs.
Insufficient Protection for Specific Groups
Though the AGG aims to shield individuals from discrimination based on various factors, it may not cater to the unique needs of vulnerable groups effectively, such as people with disabilities.
Consequences and Potential Solutions
- Rising instances of discrimination underscore the need for legislative reform to tackle these issues effectively.
- Advocates like Ataman advocate for reform to ensure adequate protection for all citizens against discrimination by state institutions.
Future Steps
- The new German administration has expressed intentions to enhance protection against discrimination, including bolstering accessibility for people with disabilities and auditing existing laws to remove barriers. Yet these efforts must encompass state institutions to fully address the current gaps.
- Urgent and decisive action is required to modernize the legal framework, ensuring equality for all citizens across all sectors of society.
- The report suggests that the General Equal Treatment Act (AGG) needs reform to provide protection against discrimination by state institutions, as it currently fails to address more than 1,200 cases of discrimination experienced by individuals in Germany.
- In the context of rising incidents of discrimination, along with the inconsistencies in legal anti-discrimination protection, the new German administration is weighing in on the need for modernization of legislation, aiming to bolster protection for vulnerable groups like people with disabilities and to conduct audits of existing laws to remove barriers, with a particular focus on state institutions.
