Reform: Anti-discrimination commissioner criticizes traffic light plans | STERN.de

Reform: Anti-discrimination commissioner criticizes traffic light plans | STERN.de

For the EU Commission, the German regulations for protection against gender discrimination are not enough. Now the traffic light is reacting – but the responsible federal commissioner is disappointed.

The Independent Federal Commissioner for Anti-Discrimination, Ferda Ataman, criticizes a planned expansion of the General Equal Treatment Act (AGG) as inadequate. The federal government is failing to send a clear signal about protection against discrimination, said Ataman of the German Press Agency in Berlin.

Instead, the cabinet wants to decide on a tiny change to the General Equal Treatment Act this Wednesday in order to avoid EU infringement proceedings, said Ataman. “That is discouraged. The planned adjustment makes anti-discrimination law unnecessarily complicated and is only likely to help a few people.”

Better protection against discrimination based on gender

Specifically, it is about the ban on discrimination enshrined in the AGG. It should now be expressly stated that discrimination based on gender is inadmissible in goods and services that are available to the public, including housing.

So far, this ban “for reasons of race or ethnic origin, gender, religion, disability, age or sexual identity” only applies to private insurance and so-called mass transactions.

According to the AGG, mass transactions are transactions that are generally concluded without regard to the person and under comparable conditions in a large number of cases. This could be, for example, telephone tariffs or purchases in the supermarket. Since rental agreements with landlords with no more than 50 apartments are not normally considered mass transactions, no special protection has yet applied here.

Brussels demanded changes

The EU Commission in Brussels criticized the restriction of the ban on discrimination to mass transactions and initiated proceedings against Germany in 2015 for violating the EU treaties – but only in cases of discrimination based on gender. And it is only in this area that the federal government wants to adapt the AGG, thereby also wanting to better protect trans people.

Ataman explained that it makes sense to strengthen the rights of women who are disadvantaged in accessing services and goods. “But it is questionable why the improvement should only apply to discrimination based on gender. A landlord who behaves in a sexist manner would have to fear consequences – but not one who says “No renting to Jews” or “Muslims”.” The reform should not be passed by the Bundestag in this form.

Ataman called for the reform of the AGG agreed by the SPD, Greens and FDP in the coalition agreement. “German anti-discrimination law is very weak in international comparison. Specifically, there is a need for longer reporting periods in the AGG, better opportunities to defend yourself against discrimination and a ban on discrimination by offices, authorities and the police. None of this is currently planned.”

AGG on bulk transactions

Source: Stern

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