Background and problems with the payment card
Since this year, the payment card has been issued to asylum seekers in Hamburg and other German cities. This card, which was originally introduced to simplify the administration of social benefits and prevent abuse, has been controversial since its introduction. Critics complain that the payment card discriminates against asylum seekers and restricts their personal freedom by denying them access to cash.
The judgment of the Hamburg Social Court
On July 24, 2024, the Hamburg Social Court ruled that payment cards instead of cash are illegal. The Tagesspiegel reports on this, citing Pro Asyl and the Gesellschaft für Freiheitsrechte, which provided information on the ruling.
The court says that the lack of access to cash violates the dignity of asylum seekers. Asylum seekers should be able to decide for themselves how they spend their money. The court sees this as a violation of the fundamental rights set out in the Basic Law of the Federal Republic of Germany.
The view of asylum seekers
This ruling is good news for many asylum seekers. Mahmoud from Syria says: "The payment card restricted me. I couldn't shop everywhere and was often dependent on help. Cash gives me more freedom and dignity." Amina from Eritrea adds: "With cash, I can decide for myself how I want to spend my money. The payment card treated me like a second-class person. The ruling shows that our rights are important."
Reactions to the ruling
Opinions on the verdict vary. Human rights organizations and lawyers who supported the lawsuit are pleased with the ruling. They say: "The ruling ensures that asylum seekers in Germany are treated fairly and receive their social benefits in a way that respects their dignity."
However, some politicians and administrative staff do not agree. They fear that cash payments could make administration more complicated and lead to abuse. They say that payment cards are an important tool for controlling and increasing efficiency in the social system.
Consequences and outlook
The ruling of the Hamburg Social Court has major implications for social policy in Germany. Many cities and municipalities will probably have to rethink and perhaps change their practice of issuing payment cards. The ruling could also trigger a debate on social benefits for asylum seekers at federal level.
The Hamburg social welfare authorities have announced that they will review the ruling and consider possible appeals. However, the payment cards will remain in use until final clarification.
