The Constitution, or Basic Law (Grundgesetz), is of central importance for understanding the German legal framework on discrimination. The German Constitution is, unlike some other constitutions, directly binding on all public authorities. Fundamental rights are part of this directly effective constitutional order. They are binding on the legislature, executive, and judiciary as directly valid law. Under the Basic Law, fundamental rights have become the material core of the legal order in general. They are therefore not only relevant in public law, but permeate other legal spheres as well, such as criminal and private law.

a) General

The constitutional guarantees apply to all state action and through indirect horizontal effect to the relations of private persons. The specialised guarantees apply to their respective field of regulation – public law, labour law, social law, etc.

The anti-discrimination law establishes a federal anti-discrimination agency (Antidiskriminierungsstelle des Bundes) from the moment it entered into force in August 2006, though the body started to be operative in 2007. Its mandate covers all grounds listed in the law, notwithstanding, however, the competencies of specialised governmental agencies dealing with related subject matters. The body is organisationally associated with the Ministry of Family, Senior Citizens, Women and Youth. The head of the agency is appointed by the Minister of Family, Senior Citizens, Women and Youth after a proposal by the Government, which has happened for the first time in spring 2007. In 2009 a new head has been appointed. The head is independent and only subject to the law. The tenure of the head of the agency is the same as the legislative period of the Bundestag.