Part 8: Combating discrimination

Inclusion means recognising and effectively combating discrimination. This applies to both the public and the private domain.

In enquiries to the Federal Anti-Discrimination Agency (ADS) as an independent advisory agency, the reason for discrimination “disability” is the one named most frequently, at 25 percent. When it comes to multiple discriminations, the combination “disability and age” (roughly 17 percent), as well as “disability and gender” (roughly 7 percent) are mentioned most frequently. Against this background, the Federal Anti-Discrimination Agency will be initiating a topical year on disability as the reason for discrimination in 2013 with the aim in mind of creating a greater awareness of the discrimination which is taking place on an everyday basis, and in particular indicating the significance of accessibility and inclusion.

The Federal Act on Equal Opportunities for Persons with Disabilities (Behinderten-gleichstellungs¬gesetz des Bundes - BGG) of 2002 aims to enforce and ensure the equal rights of persons with disabilities in all areas of public and private life. The Federal Government will be evaluating the Act and in doing so in particular clarifying whether all groups of persons with disabilities are adequately considered and the tools contained in the Act have proven their worth.

The Federal Government is looking in particular at the reduction of multiple discrimination against women with disabilities. Amongst other things, the Federal Government is supporting the project entitled “Women’s commissioners in workshops for persons with disabilities and in housing facilities”. This seeks to enable women with disabilities to take on such a task and to act as easily-reached contacts and supports. The information collected in the project will be input into a debate on long-term schemes which span different workshops.

Violence against women with disabilities is still taboo and has considerable grey areas. At the end of 2011, the Federal Government will be developing results of a representative study on this topic and developing target-group-specific schemes on this basis. The planned national “Violence against women” helpline will be opened at the end of 2012/beginning of 2013 and made barrier-free.

Inclusion means that persons with disabilities can participate effectively and comprehensively in political and social life and enjoy the same rights as others.

A study on the active and passive participation of persons with disabilities in elections will study the actual participation of persons with disabilities in this area and develop recommendations for action to improve participation.

The self-determined participation of persons with disabilities is promoted through the deployment of modern accessible information and communication technologies in the context of the eGovernment “Participation” Strategy of the Federal Ministry of Labour and Social Affairs.

If a person who is of age cannot look after their own affairs completely or partly themselves because of a mental disorder or due to a disability, the custodianship court appoints a custodian for them. The Federal Ministry of Justice is chairing an interdisciplinary working party dealing with questions related to the structural reform of the law on custodianship. It will also explore the question of what potential for improvement exists in view of the UN Convention on the Rights of Persons with Disabilities. The working party has spoken in favour of an exchange with people who have legal custodians in order to be able to include their experience in the discussion.

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