Bodies for the promotion of equal treatment (article 13 Directive 2000/43)

• Author: Matthias Mahlmann
• Pages: 81-86

81

7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies design ated for the prom otion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

The Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) (ADS)424

was established in August 2006 in Berlin, under Section 25 AGG. There are also various

agencies with roles related to discrimination on the federal and regional level, most notably

the Federal and Land Commissioners for Migration, Refugees and Int egration and the

Federal Government Commissioner f or Matters Related to Ethnic German Resettlers and

National Minorities (Beauftragter für Aussiedlerfragen und nationale Minderheiten), for

Matters relating to Persons with Disabilities (Beauftragte der Bundesregierung für die

Belange behi nderter Menschen) and the German Institute for Human Rights (Deutsches

Institut für Menschenrechte), which undertake advisory work for the Government and other

public bodies, publish (extensive) reports an d, to a limited deg ree, provide individual

advice to victims of discrimination.

b) Political, economic and social context of the designated body

Since its creation, the ADS has gai ned widespread acceptance and has b ecome a well-

respected voice in debates on discrimination issues.

As in other European countries, there is a lively political debate about questions of equality

and diversity and th e many fields of society in which these questions arise. A political

debate that is widely supportive of equality of people of different sexual orientation had

led to the introduction of ‘marriage for all’; as of 2017, marriage is op en to homosexual

couples under German law.

An intense debate focuses on the consequences of the refugee crisis, which has particular

relevance for Germany, given the comparativ ely high number of refugees that Germany

has admitted. On the one hand, there are voices for integration and non-discrimination,

epitomised in th e now famous Willkommenskultur (culture of welcome) and on the other

hand, th ere has been the rise of Alternative für Deutschland (AFD), a xenophobic party

that is now strongly represented in the Bundestag. Although these debates have not

affected the institutional standing of the equality body as such, they are important f or the

political environment in which the body operates, not th e least given its activities to

promote the idea of non-discrimination on the grounds of race and ethnic origin.

c) Institu tional architecture

In Germany, the designated body does not form part of a body with m ultiple mandates.

Non-discrimination is the sole mandate of the ADS an d its resources are devoted to this

task.

d) Status of the designated body/bodies – general independence

i) Status of the body

The Federal Anti-Discrimination Agency (ADS) is organisationally associated with the

Ministry of Family Affairs, Senior Citizens, Women and Youth (Section 26 AGG). The head

of the agency is appointed by the Minister of Family Affairs, Senior Citizens, Women and

Youth after a proposal by the Government.

424 Website: http://www.antidiskriminierungsstelle.de/DE/Home/home_node.html. In English:

http://www.antidiskriminierungsstelle.de/EN/Home/home_node.html.