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Germany - 2012

Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

Code:
RED4
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination
19/12/2011 - 15:09
Short Answer

Yes.
Qualitative Info

In legal terms, nationality or citizenship status generally does not serve as grounds for less privileged treatment in the access to public goods and services and to economic and social rights (albeit the latter partially depends on someone’s residence status). In employment, more precisely in the access to civil servant positions, however, it is often legally required to hold German nationality; EU nationals are largely exempted from this general requirement for public servants (§ 7 BBG). Third-country nationals, however, can only be nominated as civil servants if there is an urgent official need (dringendes dienstliches Bedürfnis) (§ 7 (3) BBG) (German Federal Parliament 2007).
Until 2011, nationality has been also a decisive factor when applying for permission to work in the health professions such as medical practitioners, chemists, veterinarians, dental practitioners or psychotherapists. According to the previous approbation provisions, non-European third-country nationals (exceptional cases see below) are not entitled to be granted approbation (the full right to work as a recognised doctor), even if they graduated at a German university and fulfil all the other requirements. Third-country nationals can, however, obtain professional permission for a certain period of time, which can be extended (Bundes-Apothekerverordnung BApO § 11, Bundesärzteordnung BÄO § 10, Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und Jugendlichenpsychotherapeuten PsychThG § 4).Yet, in November 2011, the Federal Government passed a new law for the improvement of recognition of foreign degrees. The new law is meant to facilitate the recognition of professional skills earned abroad by introducing a universal recognition procedure in Germany. In addition, German citizenship will be no longer a condition for granting the licensure to practice as a doctor.
With regards to unequal treatment because of someone’s residence status, asylum seekers who hold a temporary legal status while their application is pending constitute a particularly vulnerable group. Their access to employment, housing, social (health) services and other welfare benefits and allowances is severely limited; asylum seekers are, for example, not entitled to work for one year upon their application was lodged (even if being granted asylum during this year).
The AGG does not prohibit discrimination due to someone’s nationality or residence status or title. The German legislator made full use of the citizenship exemption provided by art. 3.2 of the 2000/43 directive.
The Industrial Relations Act (BetrVG), however, applies a broader definition of discrimination which also covers a ban of unequal treatment due to someone’s nationality; art. 75 BertrVG obliges the employer and the work council to ensure that in their company no discrimination against persons occurs due to their ‘race or ethnic origin, their descent or other origin, their nationality, religion or belief, their disability, age or their political or union activities or attitude, their sex or sexual identity’.

 

Source:
Groups affected/interested Migrants, Refugees, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Employment - labour market, Health and social protection
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Situation(s)
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