Glossary on the topic of disability and chronic illness
Following the book “Studying with a Disability” from the DSW.
Sec. 2(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 to 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.”
If a degree of disability (Grad der Behinderung, GdB) is officially determined to be at least 50, the responsible agency issues a “severely disabled person ID.” During your studies, it is helpful when requesting integration assistance and hardship case requests in the university admission process. It is not necessary when requesting affirmative action during your studies and for examinations.
Sec. 2(2) Social Code (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.”
Chronic illnesses can be long-lasting illnesses or those with episodic courses, e.g. chronic intestinal illnesses or epilepsy. If they lead to a serious impairment of participation in society, then it is a disability even if many of those affected do not refer to themselves as “disabled.”
Disabilities often first arise for people with physical and health impairments when their environment is not barrier-free and their access to or ability to make use of offers is restricted.
The goal of the laws is to eliminate university barriers related to construction, communication, and didactics. If barriers prevent independent participation in studies, then individually necessary “reasonable accommodation” must be made to ensure equal opportunities in studying conditions.
Affirmative action is to individually compensate for impairment-related disadvantages. Students with disabilities and chronic illnesses require affirmative action when accessing the university, in their studies and in examinations, but also e.g. in applying for BAföG or using the university libraries.
Affirmative action is part of the “reasonable accommodation” foreseen by the UN Convention on Rights of Persons with Disabilities. Only those who show proof of barriers related to their impairment can be entitled to affirmative action and special support.
According to the UN Convention on Rights of Persons with Disabilities, people with disabilities have a right to “reasonable accommodation.” With individually tailored measures, the goal is to allow people with disabilities to overcome obstacles that would otherwise prevent them for equally and completely exercising their rights. Affirmative action during studies is one example of this.
