What is discrimination?
Discrimination is the unequal treatment of people based on attributed or actual characteristics or affiliations that are not objectively justified. What matters here is the effect, not the intention.
Discrimination occurs in the context of power imbalances that have developed historically and socially. It particularly affects individuals or groups who have been historically disadvantaged due to certain characteristics or identities. A central question here is: Which groups in society enjoy more power, privileges, and opportunities for action?
These power dynamics are illustrated using the “Wheel of Power and Privileges” (Source: Initiativbüro Gutes Aufwachsen mit Medien, brochure: An alle gedacht?! – Medienpädagogik intersektional gestalten und Beteiligung aller ermöglichen).
Protected grounds of discrimination
Protected grounds of discrimination under the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz – AGG):
- race or ethnic origin (including racist assumptions)
- gender
- religion or belief
- disability
- age
- sexual orientation
In addition, the Anti-Discrimination Office at Osnabrück University of Applied Sciences considers the following additional protected grounds in its counselling practice:
- social background or social status
- family caregiving responsibilities
- language
- nationality
- skin color
- chronic and/or serious illnesses
- appearance
- as well as possible combinations of all grounds and attributions (intersectional characteristics and multiple discrimination).
Forms of Discrimination
Direct discrimination: one person is treated less favourably than another is, because of any of the protected grounds of discrimination.
Indirect discrimination: an apparently neutral provision, criterion or practice is liable to put persons at a particular disadvantage compared with other persons, unless it is objectively justified by a legitimate aim.
Harassment: takes place with the purpose or effect of violating the dignity of the person concerned and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual harassment: unwanted conduct of a sexual nature, including unwanted sexual acts and requests to carry out sexual acts, physical contact or comments of a sexual nature, takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment (see Guidelines for Addressing Sexual Discrimination, Harassment, and Violence - Richtlinie zum Umgang mit sexualisierter Diskriminierung, Belästigung und Gewalt in German)
Legal Basis
Protection against discrimination at Osnabrück University of Applied Sciences is based on constitutional, legal and higher education law provisions.
Basic Law for the Federal Republic of Germany (GG): https://www.gesetze-im-internet.de/gg/art_3.html
Article 3 of the Basic Law guarantees the equality of all people before the law:
“All persons shall be equal before the law.” (Art. 3, para. 1)
Furthermore, the Basic Law prohibits discrimination based on certain grounds:
“No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith or religious or political opinions. No person shall be disfavoured because of disability.” (Art. 3, para. 3)
General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz – AGG): https://www.gesetze-im-internet.de/englisch_agg/
The AGG protects employees from discrimination based on the legally protected characteristics. The purpose of the law is:
„to prevent or to stop discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual orientation”. (Section 1 AGG)
Employers are also obligated to protect employees from discrimination and harassment (Section 12 AGG).
According to the Lower Saxony Higher Education Act (NHG), the prohibition against discrimination, the measures and obligations of the employer, and the right of complaint under the AGG apply to all members and affiliates of the university who are not employees of the university (Section 42(6) NHG).
Lower Saxony Higher Education Act (NHG)
The NHG requires universities to actively promote equality of chances:
“In carrying out their duties, universities shall promote the effective implementation of equality of chances between women and men and work toward the elimination of existing disadvantages (equality mandate).” (Section 3(3))
Human Rights: https://www.un.org/en/about-us/universal-declaration-of-human-rights
The Universal Declaration of Human Rights forms the international basis for protection against discrimination: “All human beings are born free and equal in dignity and rights.” (Art. 1)
University regulations
Osnabrück University of Applied Sciences has various guidelines and regulations that help protect against discrimination and promote equity of chances:
- Charter of Osnabrück University of Applied Sciences
- Guidelines for Addressing Sexual Discrimination, Harassment, and Violence – in German (Richtlinie zum Umgang mit sexualisierter Diskriminierung, Belästigung und Gewalt)
- Recommendations and Committees on Good scientific practice at the HSOS