Complaint with the Anti Discrimination Agency of Germany

Anti-Discrimination Agency
Glinkastraße 24
10117 Berlin

RE. Discrimination attempt by the Jobcenter Munich against my daughter

Dear Madam, Sir, 

I hereby file a complaint about a discrimination attempt of the Jobcenter Munich against my daughter xxx. 

Prologue:

My daughter was born on 00/00/00 in Asia. Her mother is Asian and I am German. She is therefore identified in Germany under the somewhat crude term "person with an immigrant background." A term that itself raises the question of a potential discriminatory intent! My daughter has a German birth certificate and we lived until fall of 2005 in Asia where she also attended school.

After completion of the GCSE in 2013 in Munich, she is now attending a so-called FOS since the fall of 2013 in Munich. This education is expected to run until 2015; at full High School diploma until 2016. The Jobcenter is informed about this by a school certificate since the fall of 2013. 

Beginning of March 2014, exactly after the issuing of the school half-year report, my daughter received a letter from the Jobcenter Munich. She was asked among others to submit her school half-year report.

Furthermore, the clerk of the Jobcenter Munich suggested a signup with the federal employment agency of the BAA (an agency with a somewhat questionable reputation) going even so far as to offer his help in the signup: 

If you seek professional training and are not yet registered with career counseling (at the Employment Agency Munich), I will ensure your registration. To arrange this, contact me. The registration is very important for receiving notice of open apprenticeships. 

The sender of the letter held the job title 'Jobcenter Munich - Employment Agency U25'. 

Upon my email enquiry on the purpose of the submission of a school half-year report, I received the following response:

Good day Mr. xxx, 
thanks for your first reply. 
As part of my consulting contract in accordance with SGB II Contact I am the agency contact for your daughter xxx during the transition from school education to professional training or study. 
For tailor-made advice, I need some information on the current state (school report card), especially as to whether the desired degree is reached in the summer, or whether any private lessons, if required financed by the Jobcenter, should be offered. Therefore, I ask you or your daughter to submit to me the listed documents. 
Thanks and best regards 
xxx 
Jobcenter Munich - Employment Agency U25 

My daughter attends school and she is not looking for work! She also does not need any "help" to register with a third-rate job agency. This offer is used to help sniff out her email address and mobile phone number. With this data the Jobcenter and the BAA are able to illegally access personal and private information on the social networks (see press reports warning about this). It further constitutes a fundamentally unlawful interference with the free choice of employment guaranteed in the Basic Law of the Federal Republic of Germany.

It is striking how the Jobcenter tries to coax adolescents out of school and into low-wage jobs in blatant disregard of fundamental laws of the FR of Germany. The Jobcenter shamelessly exploits the understandable lack of legal knowledge of adolescents and migrants.

In addition, the Jobcenter seems to harbor prejudices against migrants when it comes to the purported necessity of private lessons. It is all the more baffling as the Jobcenter had never shown any interest in the development of my daughter.

The Jobcenter also seems to entertain doubts about migrants as to their ability to graduate in a higher school when it questions "whether the desired degree is reached in the summer".

The alleged "tailored consulting" is all the more hypocritical as the Jobcenter in all those years took absolutely no interest in the school progress of my daughter and knows nothing about her interests and talents.

The Jobcenter acts without any legal basis for the request of a school report. Two email enquiries with the Jobcenter Munich about the legal basis remained unanswered! The refusal of any willingness to communicate was underlined by headquarters of the Jobcenter Munich when they installed an email auto responder in May with the explicit message "Please note that your email will not be forwarded!" 

The Jobcenter proves once again the findings of racism and discrimination in Germany set out in publications such as: 

▪ Report of the United Nations - A/HRC/14/43/Add.2 on page 11, item 40 states selection by the three-tiered school system and under-representation of minorities in the German school system. 
▪ ECRI Report - CRI (2009) 19 
▪ ECRI Report - CRI (2014) 2 
▪ International Convention on the Elimination of all Forms of Racial Discrimination, CERD/C/DEU/CO/18 
▪ Racism & Discrimination in Germany - DOSSIER the Heinrich Böll Foundation in 2010 

and in particular 

▪ ECRI GENERAL POLICY RECOMMENDATION No. 10 ON COMBATING RACISM AND RACIAL DISCRIMINATION IN AND THROUGH SCHOOL EDUCATION CRI(2007)6

▪ Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Githu Muigai - Mission to Germany - A/HRC/14/43/Add.2 

Epilogue:

I have lived a long time in Asia and my daughter fortunately did not grow up in Germany. At no time did we ever feel discriminated against in Asia. However, we have never experienced such racism and discrimination as in Germany.

My daughter will leave this country in a few years. She will also give up her German citizenship. 

I deeply appreciate your attention in this matter. 

Sincerely,