A Reflection on the Racism as an Impediment to Social Integration and Insufficient Anti-Discrimination Law in Germany
Authors:   Asia-Europe Perspective Association, Kim Dongjo 
Published: December 2024

Compared to the criticism of the Nazi regime, its strength has weakened much, but the criticism of racial discrimination in Germany has not completely disappeared in the United Nations and the European Parliament. In recent years, there has been a call for reform of criminal law to strictly punish racially motivated acts, financial expansion of anti-discrimination departments in Germany. This paper first examines the implications of social integration and discrimination in Germany, and in particular the problems in the labor market, the main stage of discrimination. After reviewing the rationale for judging racial discrimination, the empirical case of discrimination in education, housing and labor markets was reviewed. Finally, this paper compares the anti-discrimination law of the European Union and looks at the insufficiency and incompleteness of German legal measures against discrimination. What this study reveals is that there is a lack of fair opportunities for people with migrant backgrounds to access the center of life in a majority society. But the labor world’s commitment to achievement by fair housing markets and legitimate efforts is a very important part of the society. Treatment of inequality by race is a major obstacle in the process of social integration. Discriminatory treatment destroys emotional integration in terms of acceptance of emotions and deepens structural non-integration in the areas of education, housing and labor. The struggle against discrimination, therefore, should be the first priority of the policy of German social integration.
For many years there has been discussion at European level about uniform protection through a horizontal guideline for all discrimination features. As early as 2008, the EU Commission presented the draft of a directive that was supposed to adapt the protection standards and areas of application with regard to religion and belief, disability, age and sexual identity. To this day, Germany is the driving force behind preventing the directive-albeit very quietly now. The background is likely to be a political stalemate, as some ministries are striving for comprehensive protection against discrimination, while other actors, according to the experience with the adoption of the AGG(Allgemeines Gleichbehandlungsgesetz: General Equality law), are little further than frightening business and civil law theory. For example, Article 5 of Directive 2000/78 / EC already requires reasonable accommodation to enable people with disabilities unhindered access to the world of work. The corresponding requirements have long been considered federal law by the UN Convention on the Rights of Persons with Disabilities and, moreover, there will be a European legal act on accessibility. In a European comparison, the Federal Republic has so far limited its role model to maternity protection and parental leave. Now it is time for a German anti-discrimination law worthy of the name, and thus for a comprehensive revision of the AGG. And the fulfillment of the promise of comprehensive protection should also be promoted at European level.