Right-wing politicians increasingly complain about everyday discrimination, such as refusals in restaurants or kindergartens. The German Basic Law prohibits discrimination based on political views, but primarily binds the state, not private individuals. Courts like the Federal Constitutional Court examine individual cases by balancing freedoms on both sides.
In Germany, reports of alleged discrimination against right-wing party politicians are on the rise. Examples include refusals in eateries, hotels, or at markets. A child of an AfD member was to be excluded from a private kindergarten in Baden-Württemberg, but the facility management declined.
Article 3 Paragraph 3 of the Basic Law protects against disadvantage due to political views, but mainly applies to state actors. Its effect on private individuals is limited. The Federal Constitutional Court emphasized in the 2009 case of former NPD leader Udo Voigt that people may freely decide with whom to enter contracts. Voigt received a ban from a wellness hotel, which was upheld judicially since alternatives existed and protests loomed.
Political views cover only 'having' a conviction, not expressing it, ruled the Second Senate in 1975. Cases like the ban against a Green politician in Dresden over a parking regulation or the denial to AfD leader Alice Weidel in a Hamburg hotel under a false name do not qualify. Similarly, ejecting Alexander Gauland for his 'fleabite of history' remark on the Nazi era would not violate it.
The general equality principle in Article 3 Paragraph 1 permits unequal treatment with a justifiable reason. For public offerings like trade fairs, a monopolist such as the Giessen Messe for the AfD youth must treat all parties equally. Law professor Gerald Mäsch explains: 'The issue arises because fundamental rights exist on both sides. An interest balance is needed.'
The General Equal Treatment Act does not cover political views. Banks must offer accounts to private persons, not parties. Savings banks cannot discriminate against non-banned groups like the NPD but have found loopholes by denying accounts to all parties.