Anti-Discrimination
examination definitely deserves to be criticised. Upon the recommendation
of the AOB, an explicit note containing the time limits was placed on the
website of the Federal Equal Treatment Commission.
This note regarding the necessity of adhering to time limits is all the more
important as there are no time limits whatsoever with regard to bringing
a case before the Equal Treatment Commission, the parallel body for
examination and arbitration of discrimination cases in private business and
industry. Petitions to this body can be made at any time. In these cases,
there is only an indirect time limit, to the extent that the person affected
also wishes to appeal to a court after the Equal Treatment Commission has
been involved in order to enforce compensation for damages, as the Equal
Treatment Commission can only give recommendations. Once a petition has
been submitted to the Equal Treatment Commission, the time limits for filing
a legal action are suspended.
The AOB brought it up for discussion whether these differing regulations
on time limits in proceedings that are otherwise relatively uniform are
justified. As a possible explanation for the differing regulations, the Federal
Ministry of Labour, Social Affairs and Consumer Protection and the Federal
Ministry of Education and Women’s Affairs mentioned the greater degree of
transparency in civil service employment law. However, it was indicated that
this question would be discussed during the evaluation process of the equal
opportunity instruments.
The problem of the time limits that was addressed here is another – albeit
minor – facet of the fragmented regulatory framework in equal opportunity
law and the resulting more difficult access to justice. Therefore, the AOB
welcomes the indication that this question will also be addressed during the
evaluation process of the equal opportunity instruments.
Evaluation announced
2.1.2 Discrimination based on nationality or ethnicity
AOB meets European Commission against Racism and Intolerance (ECRI)
Recommendations by international bodies for the protection of human
rights are an important guideline for the further development of
protection against discrimination.
Combating discrimination of all types has long been a particular concern for
the AOB. By investigating individual cases that are brought to the AOB by the
persons directly involved, but also by many NGOs and counselling centres,
the AOB gains insight into structural problems and discrimination patterns.
The AOB has several instruments available to contribute toward prevention
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