Freie Universität Berlin’s approach to inclusion is based on its definition in the UN Convention on the Rights of Persons with Disabilities, while it understands disability in terms of the German Federal Act on Participation (Bundesteilhabegesetz), which came into force in 2018 in its latest form, and the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz). 

You can find further information on its principles with regard to supporting students with disabilities below.

UN Convention on the Rights of Persons with Disabilities (CRPD)

Article 3.3 of the Basic Law for the Federal Republic of Germany (Grundgesetz) states that “no person shall be disfavored because of disability.” The ratification of the UN Convention on the Rights of Persons with Disabilities in the Federal Republic of Germany in March 2009 set this right in stone. The signatories consider the unrestricted integration and participation of all people in all activities and aspects of life to be a human right and have agreed to a common guiding principle of inclusion on this basis. Freie Universität Berlin is dedicated to making this ideal a reality so that all prospective students, current students, instructors, and members of our university benefit from full accessibility and equal opportunities.  

Article 24: Education

(1) Recognition of the “right of persons with disabilities to education” on the basis of equal opportunity to ensure an “inclusive education system at all levels.” As tertiary educators, universities play an important role in implementing the following aims:

• The full development of human potential and sense of dignity and self-worth
• The strengthening of respect for human rights, fundamental freedoms, and human diversity
• The development by persons with disabilities of their personality, talents, and creativity, as well as their mental and physical abilities
• Enabling persons with disabilities to participate effectively in a free society

(4) “In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, (…) and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.”

(5) “States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination.”

German Federal Act on Participation (Bundesteilhabegesetz)

The German Federal Act on Participation was introduced in response to the UN Convention on the Rights of Persons with Disabilities in order to enable each individual to participate in society. This act enshrines the principles of inclusion in German law with the objective of guaranteeing their application.

It entitles all people the right to the best possible education and promotes the development of an inclusive education system. This means that students who have disabilities have a right to specific measures that are needed for their full inclusion in university life, such as support services for living independently, aid and assistance in completing internships, etc.

Chapter 12 “Measures to Support Participation in Education” (Section 75)

1. Measures to support participation in education are to be implemented where necessary so that people who have disabilities can avail themselves of educational opportunities on equal terms.
2. Such measures include assistance in gaining access to higher education.

Students undertaking master’s and doctoral programs are now factored into these support measures, as well as those pursuing higher education following a period of vocational training.

Definition of “Disability” pursuant to Section 2.1 of Book IX of the German Social Code and Section 3 of the Equality for Persons with Disabilities Act (Gesetz zur Gleichstellung von Menschen mit Behinderungen, BGG)

Since January 1, 2018, Book IX of the German Social Code (SGB IX) has defined the term “disability” as follows: “People who have disabilities are considered to be those who have physical, mental, intellectual, or sensory disabilities that can impede them from participating in society on an equal basis when these are combined with attitudinal and environmental barriers. In most cases, the disability exists for longer than six months.”

The following definition, which is the basis for the one found in the Berlin Higher Education Act (BerlHG), can be seen in the Equal Opportunities for Disabled People Act (Gesetz zur Gleichstellung von Menschen mit Behinderungen, BGG):

Section 3 People with Disabilities

“People who have disabilities in terms of this law are considered to be people who have long-term physical, mental, intellectual, or sensory disabilities that can impede them from participating in society on an equal basis when these are combined with attitudinal and environmental barriers. A period of time lasting over six months is generally considered ‘long-term.’”

Section 4 Accessibility

“Buildings and other facilities, modes of transport, technical everyday objects, information processing systems, audio and visual sources of information and communication devices, and other domains of life designed, set up, or arranged by human beings are considered ‘accessible’ when they can be found, accessed, and used by people who have disabilities in a way generally considered typical without particular difficulty and without outside help. In this case, the use of aids that are necessary due to the nature of the user’s disability is acceptable

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UN Convention on the Rights of Persons with Disabilities (CRPD)