The governing coalition of the CDU and Greens in Schleswig-Holstein is aiming to better shield residents from state discrimination. A corresponding bill (PDF) was debated on Wednesday in the first reading in the state parliament. “When people interact with the state, they must be able to expect fair treatment,” said Social Minister Aminata Touré (Greens) in the plenary in Kiel. The law defines clearly what qualifies as discrimination and protects against being disadvantaged because of origin, religion, gender, gender identity, disability, age, or sexual orientation.
The opposition spoke out against such a law in parts. “From our point of view, there is neither a real regulatory need nor does the draft meet the new claim of the state government to avoid casting anyone under general suspicion. Discrimination is already prohibited,” said Christopher Vogt, head of the FDP faction.
SPD and SSW see room for improvement
The SPD parliamentary group expressed general support for an anti-discrimination law, but criticized the current draft more than once. It was unclear whether the bill would achieve the intended effect, as “we have a ridiculously long list of exceptions,” said Serpil Midyatli, the SPD parliamentary chairwoman. That, she argued, leads to a “great sense of disappointment.” Municipalities are excluded as well as districts, offices, courts, public prosecutors, and correctional facilities.
The chair of the SSW faction, Christian Dirschauer, welcomed the bill in principle but stressed that improvements were needed. “The decisive question is not whether those affected have rights. The decisive question is whether those rights can actually be enforced,” he said.
CDU sees a measured bill
CDU lawmaker Marion Schiefer argued in favor of the governing coalitions’ bill. With the anti-discrimination law, access to justice should be made easier. “But we remain measured and uphold the rule of law clearly,” she emphasized. “Not every unequal treatment or disadvantage is rooted in legally relevant discrimination.”
The bill was referred by the Parliament with the votes of the CDU and Greens to the Social Affairs Committee. The Interior and Legal Committees will be consulted as well before it can be adopted in a second reading by the state parliament.
State government sees protection gaps and wants to close them
With the proposed Diversity and Anti-Discrimination Protection Act, the state government says it intends to seal a protection gap that currently exists in the public sector. While the General Equal Treatment Act mainly covers discrimination in the private sector—such as employment or housing—Schleswig-Holstein has not yet had a comparable protection for the performance of public duties by authorities, schools, or security agencies.
The proposal envisions that people could seek damages in the future if they feel discriminated against by public bodies due to their age, gender, origin, worldview, sexual orientation, or gender identity. According to the Social Ministry, compensation in comparable cases typically ranges from 300 to 1,000 euros, and can be higher in particularly serious cases.
Social Minister Aminata Touré (Greens) described the initiative in advance as a law for diversity and protection against discrimination. It is not aimed at employees in the public sector but is intended to help raise awareness of discrimination and further sensitize authorities. A comparable regulation currently exists only in Berlin. North Rhine-Westphalia is also working on a similar law.
