Study examined authorities throughout Germany
The study "Institutions and Racism" (InRa) was conducted by the Research Institute for Social Cohesion and funded by the Federal Ministry of the Interior with six million euros. Over a period of three years, researchers examined public authorities throughout Germany. They looked at the extent to which prejudice and racism occur in everyday work.
The following were examined:
- Aliens authorities
- Job center
- Police and customs
- Justice, health, youth, and public order offices
- Social work institutions
In addition, around 13,000 employees from four federal agencies were surveyed, namely the Federal Office for Migration and Refugees (BAMF), the Federal Police, Customs, and the Federal Employment Agency.
According to the researchers, this is the largest study to date on racism and discrimination in German public authorities.
Study: Discrimination is not overt—it manifests itself in everyday life
The study shows that discrimination in public authorities rarely takes the form of overt insults or clear attacks. Most of the time, it occurs in everyday situations and is not immediately apparent. Nevertheless, it can have noticeable consequences for those affected.
This is how disadvantage and discrimination manifested themselves:
- in the way applications are processed
- in how much support applicants receive with complicated forms
- in the differing interpretation of regulations and discretionary powers of authorities
- in the transparency and traceability of decisions
- in a somewhat dismissive or distant tone
According to the study, the problem was particularly evident in the case of language barriers. While some applicants received active support, others were given less intensive advice or were rejected due to their lack of German language skills.
The study concludes that if assistance depends heavily on the support of individual employees, this can lead to unequal treatment.
There is often a power imbalance in the relationship between authorities and migrants. Anyone who is dependent on a residence permit, the extension of a residence title, or social benefits is dependent on the decision of the authorities. If prejudice plays a role here, the consequences can be serious.
Study reveals differences: Many authorities operate fairly
However, it is also important to note that the study does not paint an entirely negative picture. Not all authorities are affected to the same extent.
According to the study, many employees are expressly committed to fairness, the rule of law, and objective equal treatment. Racism should therefore not be attributed across the board to individual authorities or employees.
Legal loophole in protection against discrimination by public authorities
At the same time, the study shows that those affected by discrimination by public authorities are not adequately protected by law.
The General Equal Treatment Act (AGG) protects people from discrimination in working life or in private services. However, this law does not yet apply to state authorities.
This means that anyone who feels discriminated against by a government agency cannot directly invoke the General Equal Treatment Act (AGG). This can make it more difficult for those affected to defend themselves against unequal treatment.
Many victims do not report discrimination
The results of a supplementary survey of Muslims are particularly relevant for migrants. Around 80 percent of participants stated that they had experienced racial discrimination in government agencies. Many cited specific experiences at job centers, social services, or immigration offices.
According to the study, the consequences are often serious: those affected report self-doubt, fear of failure, and long-term psychological stress.
Nevertheless, only a few people contact anti-discrimination agencies. The most common reason given is concern that a complaint will have no consequences or could make their own situation worse.
What those affected can do today
If you feel that you have been treated unfairly in an official procedure or decision—for example, by the Foreigners' office, the Jobcenter, or the BAMF – you may find it helpful to take the following steps:
Demand transparency: You have the right to know the legal basis on which a decision was made.
Request a written decision: Verbal statements are not legally binding. A written decision allows you to understand the legal basis on which the decision was made.
Check deadlines carefully and adhere to them: Missing a deadline can have serious consequences, especially when it comes to residence permits.
Have discretionary decisions reviewed: Even in the case of discretionary decisions, the authority is bound by law. Discretionary errors can be reviewed in court.
Document and keep important documents: Make a note of appointments, the content of conversations, and the names of contact persons. Keep applications, notifications, emails, and supporting documents in a safe place. Complete documentation can be crucial in appeal or legal proceedings.
Use complaint offices: Depending on the state, there are anti-discrimination offices, ombudsman offices, and petition committees.
Seek legal advice: Specialist lawyers can check whether there has been unlawful unequal treatment or an error of judgment.
Use legal remedies: Many administrative decisions can be appealed or challenged in court.
Conclusion
The study makes it clear that discrimination in public authorities is not purely an individual problem affecting individual employees, but can have structural causes. At the same time, however, it also shows that many public authorities and employees are committed to fairness and transparency.
The most important thing for those affected is that they are not without rights. Even if there are gaps in protection, there are legal options for defending yourself against unfair decisions.
