Legal Basis
Framework conditions for diversity management
A number of laws can be counted among the framework conditions for diversity management (DiM) in the higher education landscape, which influence developments and the handling of diversity and minorities in particular.
EU level
These include guidelines, EU legislation, EU fundamental freedoms and all rights and principles of equal treatment, especially anti-discrimination law.
In the context of diversity, there are four central EU equal treatment directives that have already been transposed into German law (AGG):
- Anti-racism Directive (RL 2000/43/EC): on the application of the principle of equal treatment irrespective of racial or ethnic origin.
- Employment Framework Directive (RL 2000/78/EC): establishing a general framework for equal treatment in employment & occupation.
- „Gender Guideline" (RL 2002/73/EG)
- Directive on the Gender equality also outside the world of work (2004/113/EC): implementing the principle of equal treatment between men & women in the access to and supply of goods & services.
Federal level
The aim of the General Equal Treatment Act (AGG) is, according to § 1 AGG,
"to prevent or eliminate discrimination based on racial or ethnic origin, gender, religion or belief, disability, age or sexual identity".
Note: State institutions are expected to play a model role & function in the implementation of the AGG in the context of discrimination protection.
Other laws at the federal level:
- Works Constitution Act (BetrVG), esp. §§ 74 and 80
- Federal Partial Participation Act (BTHG)
- German Civil Code (BGB)
- Basic Law (GG), in particular Article 3
- Dismissal Protection Act (KSchG)
- Civil Partnership Act (LPartG)
- Staff Representation Acts (BPersVG): Land and federal government
- Social Code IX: Participation of disabled people
- Part-Time and Fixed-term Employment Act (TzBfG)
- German Act on Fixed-Term Scientific Contracts (WissZeitVG)
State level
Higher education institutions fall under the jurisdiction of the Länder. The laws in question are as follows: