Legal basis

The Convention on the Elimination of All Forms of Racial Discrimination is a special treaty to improve the safeguarding and realization of the right to freedom from discrimination. The Convention was adopted by the General Assembly of the United Nations on December 21, 1965, and entered into force in 1969.

It specifically aims to prevent and combat racial discrimination and comprehensively addresses the challenges that exist in this area. The aim of the Convention is to ensure that people are protected in law and in fact from racial discrimination.

The European Convention on Human Rights (ECHR) is a treaty under international law that contains a catalog of fundamental and human rights that are enforceable. Germany ratified the ECHR on December 5, 1952. Article 14 of the ECHR contains the prohibition of discrimination. This prohibits discriminatory unequal treatment with regard to the fundamental values and freedoms included in the Convention.

After the Treaty of Amsterdam anchored the field of action anti-discrimination for the first time, four directives were issued on this basis in the years 2000 to 2004, which significantly expanded the protection against discrimination.

A directive is a legal act in which a goal to be achieved is laid down by all EU countries. The member states must transpose it into national law, i.e. enact their own legislation. Directives therefore have an indirect effect. You can find out how Germany has implemented them under the item Legal bases at federal level, sub-item: General Equal Treatment Act (AGG).

The Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2000/43/EC) - "Racial Equality Directive" prohibits any direct or indirect discrimination on the grounds of racial or ethnic origin in the fields covered by the Directive.

After the Treaty of Amsterdam anchored the field of action anti-discrimination for the first time, four directives were issued on this basis in the years 2000 to 2004, which significantly expanded the protection against discrimination.

A directive is a legal act in which a goal to be achieved is laid down by all EU countries. The member states must transpose it into national law, i.e. enact their own legislation. Directives therefore have an indirect effect. You can find out how Germany has implemented them under the item Legal bases at federal level, sub-item: General Equal Treatment Act (AGG).

Directive on the implementation of the principle of equal treatment for women and men as regards access to employment, vocational training and promotion, and working conditions (2002/73/EC) (only available in German)

In the General Equal Treatment Act, the four European directives* were written into national law. For the first time, a law was thus created in Germany that comprehensively regulates protection against discrimination on racial grounds or on the grounds of ethnic origin, gender, religion or belief, disability, age or sexual identity by private actors (e.g. employers, landlords, providers of goods and services).

* Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2000/43/EC)

Directive establishing a general framework for equal treatment in employment and occupation (2000/78/EC)

Directive on the implementation of the principle of equal rights for women and men as regards access to employment, vocational training and promotion, and working conditions (2002/73/EC)

 Directive implementing the principle of equal treatment between women and men in the access to and supply of goods and services (2004/113/EC)

The AGG in the university context

Rights and obligations of the university from the AGG towards employees:
In their function as employers, universities are subject to the provisions of the General Equal Treatment Act. Thus, there is an obligation that

• necessary measures must be taken to protect against disadvantages, which also includes preventive measures.
• the university must inform the staff about the rights and obligations
• in the event of discrimination - depending on the individual circumstances - use is to be made of instruments such as warnings, transfers, dismissals or prohibitions.
• a complaints office and complaints procedure for employees must be established

Click here to go to the AGG Complaints Office

Click here to get to the Human Resources and Legal Department of the University of Potsdam

Effects of the AGG on the protection of students against discrimination:
Students are protected under the AGG via the prohibition of discriminatory harassment under Section 3(3). However, the protection against sexual harassment under § 3 paragraph 4 AGG does not apply to students. Due to the low level of protection for students, the University of Potsdam will develop a university-wide strategy for protection against discrimination within 2 years when the new university contract comes into effect (signed on March 21, 2019). Part of this strategy will also be a guideline that takes up the discrimination prohibitions of the AGG and subsequently applies to all university employees. Until this is implemented, the above-mentioned contact and advice centers will also provide support for students.

The Brandenburg Higher Education Act (BbgHG)(only available in German) is the central, external legal source for equal opportunity work at the University of Potsdam. While § 7 BbgHG regulates the content and objectives of equal opportunity promotion, § 68 BbgHG determines the prerequisites for taking up the office of (central or decentralized) equal opportunity representative, as well as the resulting powers.

The state of Brandenburg was one of the first federal states to join the coalition against discrimination and in 2011 signed a declaration of intent entitled Offensive for a Discrimination-Free Society (only available in German) of the Federal Anti-Discrimination Agency. Brandenburg thus declares, among other things, that it will devote more attention to the issue of discrimination in our society, as well as using every avenue to offer people affected by discrimination - especially locally - the best possible advice.

The University Development Plan (only available in German) defines the development strategy of the University of Potsdam for 5 years (2019-2023) under the title "Shaping the Expansion". The HEP describes in chapter IV "Equal opportunities and family-friendly university" the prospects and plans for the coming years in this area. The goal is to eliminate stereotyping and build diversity-sensitive structures and a gender-sensitive culture. This is the only way to promote equal opportunities regardless of gender, origin, age or circumstances.