Berlin was the first federal state in Germany to pass a state-wide antidiscrimination law (LADG). Furthermore, Freie Universität Berlin is obligated to implement the rights that are set out in the Berlin Higher Education Act (BerlHG). Together these laws provide a legal basis on the federal state level for students who have disabilities.

Berlin State Anti-Discrimination Act (Berliner Landes-Antidiskriminierungsgesetz, LADG)

In June 2020, Berlin’s House of Representatives passed Germany’s first state-wide antidiscrimination law, a further step towards enforcing the prohibition of all discrimination on the basis of disability (UN CRPD Article 5.2).  

The law supplements the General Act on Equal Treatment (Allgemeine Gleichbehandlungsgesetz, AGG) by including public educational institutions such as universities, thus closing any potential legal loopholes.

The purpose of this act is to “effectively establish and enforce equal opportunities, to prevent and eliminate all forms of discrimination, and to promote a culture wherein diversity is valued” (Section 1 LADG). Students who have physical disabilities and students who have a mental illness are equally entitled to compensation for disadvantages. You can find further information and materials in different languages on the State of Berlin’s website.

Berlin Higher Education Act (Berliner Hochschulgesetz, BerlHG)

The Berlin Higher Education Act (BerlHG) establishes the framework for how universities and institutions of higher education in the State of Berlin are organized. The most recent amendment made to this act was in September 2021. The law includes regulations for people with disabilities that are designed to ensure that they can gain admission to and complete a university degree on an equitable basis and without any undue barriers. Further matters covered by the regulations include a prohibition on discrimination, the provision of support measures, the right to compensation for disadvantages, and the appointment of a representative for students with disabilities.

1. Diversity and the University (Section 5.b.5):

“The universities are to give due consideration to the specific needs of students and applicants who have disabilities (...) or chronic illnesses, and shall implement the measures necessary to ensure their inclusion in all areas. With regard to the implementation of the degree program and examinations, suitable measures are to be put in place to ensure a compensation for disadvantages that is duly equivalent.” 

2.    Prohibition on Discrimination (Section 44.1.3)

“The members of the university are obliged to conduct themselves in such a way that nobody is discriminated against because of (...) a disability, a chronic illness (...).”
 
3.   Support Measures (Section 9.2)

“Every student and applicant who has a disability pursuant to Section 3 of the Equal Opportunities for Disabled People Act (...) or a chronic illness shall be provided with the assistance they need with regard to inclusion pursuant to Section 5.b.5.”

4. Right to Compensation for Disadvantages (Section 31.3)

“Compensation for disadvantages for students who have a disability (pursuant to Section 3 of the Equal Opportunities for Disabled People Act) or a chronic illness shall take the form of recognizing coursework that has been agreed upon to be equivalent in terms of workload and quality or allowing the student to complete their coursework within an extended deadline or undertake an examination with extra time.”

5. Representative for Students with Disabilities and Chronic Illnesses (Section 28.a.1–2)

“The Academic Senate is to select a representative to serve the interests of students who have a disability (pursuant to Section 3 of the Equal Opportunities for Disabled People Act) or a chronic illness.”

“This representative shall strive to establish equitable admission, study, and examination conditions for applicants and students who have disabilities (pursuant to Section 3 of the Equal Opportunities for Disabled People Act) or a chronic illness, and shall aim to dismantle barriers at the university.”