Legal foundations and additional regulations
The topic disability and chronic illness in the context of studies or careers is complex. It is not made easy for those affected due to the multitude of laws and regulations on various levels.
So that you can get an idea of what is included in the topic, we have put together a list of the basic legal texts and regulations.
(came into effect in March 2009)
Sec. 24(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 and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities.”
In the Basic Law, the principle of equality, the prohibition of discrimination for disabled persons, and the principle of the social state are set down.
Sec. 3
“All people are equal before the law. (...) No on may be discriminated against due to his disability.”
Sec. 20
“The Federal Republic of Germany is a democratic and social state.”
Sec. 2(4)
“The higher education institutions contribute to the social support of the students; (...). They ensure that disabled students are not discriminated against in their studies and that the offers of the higher education institution can be done without outside assistance to the extent possible.”
Sec. 16(4)
“Examination regulations must take into consideration the special needs of disabled students to preserve equal opportunities for them.”
(from 31 March 2014)
Sec. 2(4)
“The higher education institutions contribute to the social support of the students; they take into consideration the special needs of students with children or relatives in need of care. They ensure that disabled or chronically ill students are not discriminated against in their studies and that the offers of the higher education institution can be done without outside assistance to the extent possible; to this end, they appoint a representative whose tasks are regulated in the statute. In their area, they support the intellectual, musical, and athletic interests of the students.
(4) The higher education institutions support equal opportunities of women and men and take into consideration the diversity of their members in fulfilling their tasks; in particular, they ensure that all members may participate equally in research, teaching, studies, and continuing education in the context of their tasks, rights, and obligations within the institution regardless of their nationality and ethnicity, sex, age, sexual orientation, disability, or religion or worldview.
Sec. 32 Examinations; Examination regulations
(3)University examinations are completed based on the examination regulations that are passed as statutes and require the approval of the president (Rektor). Approval is to be withheld if the examination regulations
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4. does not taking into consideration the special needs of students with disabilities or chronic illnesses to preserve their equal opportunities.
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(4) The examination regulations include regulations on examination procedures and examination requirements, in particular on
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5. the extension of examination regulations for students with children or relatives in need of care in the meaning of Sec. 7(3) of the Home Care Leave Act as well as students with disabilities or chronic illnesses.
- Basic order of the University of Hohenheim
- Examination regulations at the University of Hohenheim
Download will be made available shortly
Legal definition of the term “disability”
Sec. 2
p. 1 Social Code (SGB IX):
“People are disabled if their physical function, intellectual ability, or mental health deviate from the typical state for their age and is very likely to do so for more than six months and thus their participation in social life is impaired. They are threatened by disability if the impairment is to be expected.”
Art. 1 and preamble of the UN Convention:
“Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”
Legal definition of the term “severe disability”
Sec. 2(2) SGB IX:
“Persons are (...) severely disabled if they have a disability degree of at least 50 and they have their residence, their typical place of residence, or their employment legally and properly in the meaning of Sec. 73 of this Code.”
