Even though this resolved the concrete case, the fundamental question arises of why aptitude tests that are not barrier-free are still being used at all in (and outside of) the Civil Service. The UN Convention on the Rights of Persons with Disabilities prohibits discrimination of persons with disabilities, in particular when Protection against discrimination applying for a job (Art. 5 and 27 leg. cit.). Section 7b of the Employment of Disabled Persons Act also contains such a protection against discrimination. There are statutory regulations for the Civil Service that (seemingly) take account of protection against discrimination. Under the Civil Ser- Regulation for the Civil Service vice Job Tender Act, an aptitude test does not have to be administered if a permanent position has been explicitly put out to tender for the severely disabled. In accordance with Section 9 (4) of the Aptitude Test Directive, consideration should be shown with regard to disabilities of applicants insofar as this is not inconsistent with the purpose of the test. The Federal Ministry of Labour, Social Affairs and Consumer Protection considers that now protection against discrimination has been implemented. The AOB, however, is of the opinion that effective protection against discrimination during testing procedures cannot be ensured by way of exemptions. Only barrier-free testing procedures ensure that factors, which are not relevant to personal aptitude are blocked out. If this were the case, this would be a confirmation for persons with disabilities – as it would be for everyone else – that they need to note only those circumstances in their applications that qualify them in accordance with the requirement profile of a job that has been put out to tender. Individual case: VA-BD-SV/0560-A/1/2012 67