A Schleswig-Holstein anti-discrimination law is moving closer. The coalition factions of CDU and Greens have submitted a corresponding draft. With the bill, potential victims would find it easier to defend themselves against discrimination, CDU parliamentary group leader Tobias Koch said.
A key point is that those affected would no longer have to prove discrimination in full, but only establish facts that make it appear overwhelmingly likely that the different treatment by authorities is based on discrimination, Koch explained.
“Nevertheless, as the CDU faction, we can state: in Schleswig-Holstein there will be no reversal of the burden of proof.” The CDU faction trusts the officials in the authorities. “The decision whether discrimination occurred or not, if in doubt, lies with the courts.”
Should a court actually determine damages arising from discrimination, these will always be paid by the responsible department, never by individual employees, the faction leader emphasized.
The state anti-discrimination law, according to the draft, applies to all public bodies of the state. Municipalities, districts and offices are not affected. Other exceptions include the judiciary and police when they act on behalf of courts and prosecutors.
The Green party’s anti-discrimination spokesperson in the state parliament, Nelly Waldeck, stressed that, especially in times when discrimination, exclusion and group-targeted hostility are on the rise, it is important to broaden protection to all areas. “The law also strengthens anti-discrimination associations that advise, support, and can file complaints about violations to public authorities.”
The Police Union called the law unnecessary. It would create massive bureaucratic overhead and place the employees of internal security under an unwarranted general suspicion, according to the state leadership.