Gleichbehandlungsverpflichtungen

Gleichbehandlung is the principle that individuals should be treated fairly and without discrimination on grounds such as race or ethnic origin, gender, religion or belief, disability, age, or sexual orientation. It underpins many modern legal systems and EU policies aimed at promoting equal opportunities in work, education, housing, and access to services.

In Germany, the Allgemeines Gleichbehandlungsgesetz (AGG) of 2006 is the main national instrument implementing this principle. The AGG prohibits discrimination in employment and vocational training as well as in access to goods and services based on the protected characteristics listed above. It also prohibits harassment and retaliation against people who challenge discrimination and provides for remedies through civil courts. The Federal Anti-Discrimination Agency assists individuals with information and guidance.

At the European level, directives such as 2000/43/EC (race equality) and 2000/78/EC (general framework for equal treatment in employment and occupation) establish a framework that member states must implement. These directives require states to prohibit discrimination, promote equal opportunities, and provide remedies for victims. National laws, including Germany’s AGG, transpose these obligations and contribute to cross-border consistency in anti-discrimination protections within the EU internal market.

Challenges remain in the practical realization of Gleichbehandlung. Enforcement can vary, and discrimination may persist in subtler forms or through systemic barriers. Laws typically allow legitimate, proportionate distinctions in specific contexts and may include positive-action measures to promote equality. Overall, Gleichbehandlung aims to create equal access to opportunities and protections, reducing harm from unlawful bias across society.