Legal regulations for individuals with disabilities and/or chronic illnesses

1. The Basic Law (GG)

Article 1 (1) 

Human dignity is inviolable. Respecting and protecting it is the duty of all state authorities.

Article 3 (1)

All people are equal before the law.

Article 3 (3)

... No one may be disadvantaged because of their disability.

2. The German Social Code (SGB IX)

§ 1 Self-determination and participation in society

People with disabilities or people at risk of disability receive benefits in accordance with this book and the benefit laws applicable to the rehabilitation providers in order to promote their self-determination and their full, effective and equal participation in life in society, to avoid disadvantages or to counteract them. The special needs of women and children with disabilities and women and children at risk of disability as well as people with mental disabilities or people at risk of such a disability are taken into account.

3. The Disability Equality Act (BGG)

§ 1 Objective and responsibility of the public authorities

(1) The aim of this Act is to eliminate and prevent discrimination against people with disabilities, to ensure their equal participation in society and to enable them to lead a self-determined life. In doing so, their special needs shall be taken into account.

4. The General Equal Treatment Act (AGG)

§ 1 Objective of the law

The aim of the law is to prevent or eliminate discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity.

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

Article 24 - Education

(1) States Parties recognise the right of persons with disabilities to education. In order to realise this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning with the aim of,

• To fully develop human potential, awareness of human dignity and self-esteem and to strengthen respect for human rights, fundamental freedoms and human diversity;
• To allow staff, people with disabilities to fully develop their personality, talents and creativity as well as their mental and physical abilities;
• To enable people with disabilities to truly participate in a free society.

(2) In realising this right, States Parties shall ensure that

• People with disabilities should not be excluded from the General education system because of disability...;
• People with disabilities have approval for inclusive, high-quality and free education in primary and secondary schools on an equal basis with others in the community in which they live;
• reasonable accommodation is made for the needs of the individual;
• people with disabilities are provided with the necessary support within the General education system to facilitate their successful education;
• in line with the goal of full integration, effective individualised support measures are provided in an environment that allows for the best possible educational and social development.

6. National Action Plan of the Federal Government (2011)

3.2.2 Universities

• In the area of higher education, the aim is to increase the number of students with disabilities by making universities and their programmes increasingly accessible.
• The Federal Ministry of Education and Research (BMBF) also continues to fund the "Study and Disability" advice centre.
• The Federal Ministry of Health (BMG) supports the "Project for Severely Disabled Bachelor Graduates" (ProBas) of the Paul Ehrlich Institute, which has been running since 2010.

7. National Action Plan of the Federal Government (2016)

• The Federal Government is sponsoring a new nationwide survey of disabled and chronically ill students at German universities.
• Continuation of funding and increase in funding for the Information and Counselling Centre for Studies and Disability (IBS) at Deutsches Studentenwerk (DSW).
• The maximum time limits for researchers with a disability or a serious chronic illness have been extended as a result of the amendment to the Academic Fixed-Term Contract Act.

8. National Action Plan of the Federal Government - Status Report (2021)

• The Federal Government is sponsoring a new nationwide survey of disabled and chronically ill students at German universities.
• Continuation of funding and increase in funding for the Information and Counselling Centre for Studies and Disability (IBS) at Deutsches Studentenwerk (DSW).
• The maximum time limits for researchers with a disability or a serious chronic illness have been extended as a result of the amendment to the Academic Fixed-Term Contract Act.

9. Federal Participation Act (BTHG)

To enable participation in education, assistance services will also be provided for higher degrees such as a Master's degree or, in certain cases, doctorate/Phd studies. In addition, mothers and fathers with disabilities will in future be entitled to the necessary academic achievements for the care and supervision of their children.

10. Higher Education Framework Act (HRG)

§ 2 Tasks

(4) Universities shall contribute to the social support of students; they shall take into account the special needs of students with children. They shall ensure that students with disabilities are not disadvantaged in their studies and are able to take advantage of the university's programmes without outside support as far as possible. They sponsor sport in their area.

§ 16 Examination regulations

... examination regulations must take into account the special needs of students with disabilities to ensure equal opportunities.

11. State Higher Education Act of North Rhine-Westphalia (NRW)

§ 3 Tasks

(5) Universities shall contribute to the social support of students. They shall take into account the special needs of students and employees with disabilities or chronic illnesses or with responsibility for close relatives with care or support needs and with children by making appropriate arrangements. They promote the compatibility of study, appointment and education for students and employees with children, in particular by providing appropriate supervision for these children.
  They fulfil the tasks of vocational training in accordance with the Vocational Training Act. They promote sport and culture in their area.

§ Section 62b Representation of the interests of students with
 disabilities or chronic illnesses

2) The authorised person shall work towards ensuring that the special needs of students with disabilities or chronic illnesses are taken into account and, in particular, that the legal provisions applicable in their favour are observed.
  In particular, he/she is involved in the planning and organisation of teaching and study conditions and in disadvantage compensation with regard to approval and admission to studies, with regard to studies and with regard to examinations. It deals with complaints from
 those affected...

§ Section 64 Examination regulations

(2) University examination regulations must regulate in particular

5. disadvantage compensation regulations for students who are prevented from taking an examination or acquiring a participation requirement within the meaning of number 2 in the manner provided for in the examination regulations due to a disability or chronic illness or due to the provisions of maternity protection law.

12. Baden-Württemberg State Higher Education Act(BW)

§ 2 Tasks

(3) The universities shall contribute to the social support of students; they shall take into account the special needs of students with children or relatives in need of care. They shall ensure that students with disabilities or chronic illnesses are not disadvantaged in their studies and are able to take advantage of the university's programmes without outside support as far as possible; they shall appoint a representative for this purpose whose tasks shall be regulated in the constitution. They promote the intellectual, artistic and sporting interests of students in their area.

§ Section 32 Examinations; examination regulations

(4) The examination regulations contain provisions on the examination procedure and the examination requirements, in particular on

5. disadvantage compensation for students in special circumstances, in particular students with disabilities or chronic illnesses, on maternity leave, with children or with relatives in need of care,...

13. Higher education agreement between the state government and universities in NRW

Study and teaching

...Teaching and studying are subject to constant change. In order to take this change into account, our degree programmes and teaching are geared towards current research findings and enable students to work scientifically.
  Studies are characterised by subject-appropriate, innovative forms of teaching and learning, which are supported in particular by digitalisation. The state government and universities also see the digitalisation of studying and teaching as an opportunity to enable flexible and adaptive offerings for a diverse student body, which provide the basis for successful studies...

IV Academic achievements of the universities

10 In recent years, universities have made a special effort to address the needs of students with disabilities and chronic illnesses in order to enable them to participate in university life on an equal footing by taking appropriate measures. The universities
 have manifested these efforts in university-wide concepts for full inclusion in studies, including admission and examinations.
  The universities will continue to take appropriate measures to meet the needs of students with disabilities and chronic illnesses.

14. Examination regulations of Bielefeld University

§17 Disadvantage compensation

(1) Severely disabled persons and persons with equivalent status (Section 2 (2) and (3) SGB IX as amended) who are unable to complete module examinations, partial module examinations or study requirements / credits in full or in part in accordance with the intended requirements shall be granted disadvantage compensation as an exception, taking into account the individual case. The prerequisite is that they are fundamentally able to achieve the qualification objective associated with the respective module examination, partial module examination or study requirements / credits. The limit of a possible disadvantage compensation results from the study and qualification objectives defined in a regulation or in a course concept for the courses offered; disadvantage compensation can only be considered if compliance with these defined study and qualification objectives is guaranteed. The disadvantage compensation can be granted in the form of organisational measures and aids, in the extension of the processing time and/or in the fact that students are permitted to complete equivalent module examinations, partial module examinations or study requirements / credits that deviate from the intended requirements.

(2) Other students who are unable to complete module examinations, partial module examinations or study requirements / credits in full or in part in accordance with the intended requirements due to a prolonged or permanent physical or mental disability may be granted disadvantage compensation in accordance with paragraph 1. In the case of temporary disabilities or due to the utilisation of maternity protection provisions, appropriate or other reasonable measures may be taken.

(3) Applications for disadvantage compensation for module examinations or partial module examinations should be submitted at least 3 weeks before the respective examination date. Applications for disadvantage compensation for study requirements / credits must be submitted within a reasonable period of time before they are taken. The disability must be substantiated; a medical certificate or, in justified individual cases, a certificate from a medical officer at Bielefeld University may be required.

(4) Decisions shall be made by the competent body.

15. Sources (german)

Sources General laws

• Basic Law (GG)
• Social Code IX (SGBIX)
• Act on Equal Opportunities for People with Disabilities (BGG)
• General Equal Treatment Act (AGG)
• Federal Participation Act

Sources Higher education laws and agreements

• Higher Education Framework Act (HRG)
• Higher Education Act NRW (HSG NRW)(PDF)
• State Higher Education Act BW (LHG BW)
• Examination regulations Bielefeld University

Sources Action plans

• National Action Plan 1.0 (2011)(PDF)
• National Action Plan 2.0 (2016)(PDF)
• Interim report on the National Action Plan (2018)(PDF)
• Status report on the National Action Plan (2021)(PDF)
• University Agreement NRW 2026 (PDF)