Emigrating to another country can make you more vulnerable to discrimination. In Germany, there are many official channels to challenge harassment, discrimination or misconduct. Here’s what you should know:
In Germany, the General Act of Equal Treatment (AGG) rules that people should not be discriminated against based on their race, ethnic origin, gender, religion or belief, disability, age or sexual orientation.
While German citizens have broader rights than people with a residence permit, such as the right to vote, all citizens and residents are to be treated equally when it comes to the aforementioned protected characteristics.
Despite the AGG, many migrants to Germany experience harassment or discrimination. If you have experienced harassment or discrimination, here's how the law can support you.
Germany’s Federal Anti-Discrimination Agency (FADA) outlines different “areas of life” in which people living in the federal republic may experience discrimination. These include: at work, while going about their “daily business”, in education, or when interacting with authorities, organisations or agencies.
Discrimination at work could include sexual harassment or employers forbidding employees from wearing a headscarf at work. Discrimination in “daily business” could be a queer couple or couple with non-German names being discriminated against by prospective landlords, or enduring sexist or racist harassment in the street.
Discrimination in education could include pupils or students with learning difficulties being unjustly reprimanded by instructors. Discrimination by administrative or authoritative bodies could include the immigration office (Ausländerbehörde) unfairly applying the law or racial profiling by police.
If you have experienced any of the above-listed forms of discrimination, or any kind of discrimination based on your race, ethnic origin, gender, religion or belief, disability, age or sexual orientation, you can contact the Federal Anti-Discrimination Agency.
The FADA website has further information (in German, English and Arabic) about situations which constitute discrimination. If you would like to know more about your rights or the process of reporting discrimination, you can contact FADA for a free counselling appointment.
If you would like to report discrimination, FADA recommends doing so as soon after the incident as possible.
Certain types of discrimination, at work, at the job centre or at the doctor, may occur during private conversations. Other forms, such as harassment in the street or on transportation, happen in plain sight.
If you see someone being harassed in public in Germany and you feel safe to do so, you should make your presence known. The more people who witness harassment, the less likely it is to escalate. In this case, many anti-discrimination authorities suggest diverting your attention from the perpetrator and to the victim, asking them if they are okay and if they would like your help. In cases of physical violence, call the police.
In cases where you suspect the police are profiling, harassing or unlawfully arresting someone, there is no specific law which prohibits you from filming police operations. Police may try to prevent you from filming based on the fact that you are obstructing their “confidentiality of word” by recording their voices. For this reason, you can stand at a distance where audio cannot be picked up.
If, once the operation is over, you believe that the police were discriminatory or used excessive force, you can seek counselling at FADA or file a police report.
Please note: None of the above information is intended as legal advice. For more information about discrimination in Germany, head to the FADA website.
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