Legal Framework for Gender Equality Work

The Women’s Rights Convention is a special instrument to improve the safeguarding and realization of the right to freedom from discrimination.

Women’s rights are human rights: The Women's Rights Convention is particularly relevant for successful gender mainstreaming at the level of international law. It was adopted by the UN General Assembly in 1979. The CEDAW is one of the fundamental legal instruments worldwide with regard to women’s human rights. It is often referred to as the international “Bill of Rights for Women”, a general human rights declaration on women’s rights. It was ratified by Germany in 1985.

The UN Convention on the Rights of Persons with Disabilities calls for inclusion, i.e. the equal participation of all people in social life. Section 24(5) CRPD strengthens the situation of students with disabilities, according to which “persons with disabilities are able to access general tertiary education, vocational training, adult education, and lifelong learning without discrimination and on an equal basis with others.”

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

The General Act on Equal Treatment, which is an objection law, came into force in August 2006. It transposed the four above-mentioned European directives into national law. According to Section 1 AGG, the aim of the law is to “prevent or eliminate discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age, or sexual identity.”

Please click here to get to the Complaints Office of the University of Potsdam.

Please click here to get to the University’s Division of Human Resources and Legal Affairs.

• Rights and obligations of the university towards employees according to the AGG

In their function as employers, universities are subject to the provisions of the General Act on Equal Treatment. It constitutes the legal requirements for action. According to Section 12 AGG, universities have the duty to take measures necessary to ensure protection against discrimination. This shall also include preventive measures. The university also has a duty to inform its staff who must be informed about their rights and obligations. In the event of discrimination, the university must – depending on the individual circumstances – put a stop to the discrimination, which may include cautioning, moving, relocation, or dismissal. Employees have a comprehensive right of complaint in case of discrimination. According to Section 13 AGG, it is an obligation of the university to establish a complaints office and a complaints procedure.

• Impact of the AGG on the protection of students against discrimination

Students are protected under the AGG regarding prohibition of discriminatory harassment under Section 3 (3). However, the protection against sexual harassment according to Section 3 (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 after the new university contract comes into effect (signed on March 21, 2019[SV3] ). This strategy will also include a guideline that takes up the prohibition of discrimination in the AGG which will subsequently apply to all members of the university. Until this measure is implemented, the above-mentioned contacts and advisory services will also provide support for students.

The Federal Equal Opportunities Act serves to eliminate and prevent discrimination against persons with disabilities and to ensure a self-determined way of life.

For additional information go to Representative Body for Disabled Employee.(only availabe in German)

The aim of the Brandenburg Equal Opportunity Act is to achieve genuine equality between women and men in the public sector, to improve the work-family balance for women and men, as well as to improve the professional situation of women in the private sector. The law came into force in 1994 and was amended in 2013. Universities, on the other hand, are expressly excluded from the scope of the LGG under Section 2 (III) LGG (unlike in other German federal states). However, the Brandenburg Higher Education Act refers to the Brandenburg Equal Opportunity Act in various places as a guideline.

Pursuant to Section 1 BbgBGG, it is the act’s objective “to prevent and eliminate discrimination against people with disabilities in the State of Brandenburg, to ensure equal living conditions and equal opportunities as well as equal participation in the life of the society and to enable a self-determined lifestyle. In doing so, specific needs of people with disabilities are taken into account.”