Constitution of the Federal Republic of Germany

Article 3 III of the Constitution:

"No person shall be favoured or disfavoured because of sex, descent, race, language, homeland and origin, his faith, his religious or political opinions. No one may be discriminated because of his disability."

Since the amendment of the Constitution of 27.10.1994, the constitution outlaws discrimination on grounds of disability. The Article 3 III of the Constitution says: "No one shall be discriminated because of his disability ". It is an equal right that is violated when relevant unequal treatment occurs and if this is not constitutionally justified.

Chronic diseases are not explicitly mentioned in the constitution. The question then is what is meant by the term 'disability' within the meaning of article 3 III of the Constitution and in particular whether the concept of chronic diseases is included.

In accordance with article 3 III of the Constitution, a disability is a permanent deviation from the ideal type of healthy people, which affects the participation of the person concerned in the life of society. The prohibition of discrimination provided in article 3 III of the Constitution must therefore be applicable to chronic diseases, since they are a part of the constitutional term disability.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011