Currently, there are several initiatives, quite rightly, demanding the abolition of the Asylum Seekers' Benefits Act.
Many refugees receive only benefits under the Asylum Seekers' Benefits Act – less than the new basic income, which, according to the law, is supposed to guarantee a dignified minimum standard of living. But human dignity knows no double standards. Human rights organizations, welfare associations, and lawyers' associations are demanding equal standards for all: The Asylum Seekers' Benefits Act must be abolished. Those affected must be integrated into the regular social welfare system.
The following is the full text of the appeal from the beginning of 2023.
Since January 1, 2023, people in Germany who are in financial need have been receiving the so-called citizen's income. This income replaced the previous Hartz IV benefits. However, refugees were not included in this plan: as with Hartz IV, asylum seekers and those with tolerated stay status remain excluded from receiving citizen's income. Instead of regular social welfare law, the Asylum Seekers' Benefits Act (AsylbLG) applies to them.
The Asylum Seekers' Benefits Act has been in effect since 1993. It is a special law for refugees. The level of benefits provided under this law falls significantly below the minimum subsistence level under social law. The standard rates are much lower. Cash benefits are often replaced by in-kind benefits, which discriminate against and disenfranchise these individuals. Because in-kind benefits can never truly meet individual needs, they ultimately represent a further drastic reduction in benefits. Restrictions on healthcare often lead to delayed, inadequate, and incomplete treatment. Sanctions frequently result in further reductions, which can sometimes be maintained for many years. Furthermore, the lack of integration into the regular
social welfare system largely excludes those affected from employment promotion measures.
The stated intention was to have a deterrent effect: low cash payments and in-kind benefits were intended to encourage refugees to leave the country. Human rights organizations, welfare associations, churches, and lawyers' associations have been united in their view since the law's introduction that the Asylum Seekers' Benefits Act must be abolished.
In a landmark decision in 2012, the Federal Constitutional Court ensured that benefits under the Asylum Seekers' Benefits Act were at least temporarily equivalent to the Hartz IV level. At the same time, Germany's highest court clearly rejected the idea of using social benefits to deter asylum seekers: "The human dignity guaranteed in Article 1 Paragraph 1 of the Basic Law cannot be relativized in the context of migration policy" (decision of July 18, 2012 – 1
BvL 10/10).
Nevertheless, the grand coalition further reduced benefits under the Asylum Seekers' Benefits Act in several stages between 2014 and 2019 and extended the application period from 15 to 18 months. In 2022, the Federal Constitutional Court overturned the additional benefit reductions for single individuals in collective accommodations, introduced in 2019, as unconstitutional (decision of October 19, 2022 – 1 BvL 3/21). Further proceedings are pending (1 BvL 5/21).
The Federal Constitutional Court has also ruled on the sanctions provided for in the Asylum Seekers' Benefits Act. Its ruling on Hartz IV sanctions of November 5, 2019, clearly states that the sanctions under the Asylum Seekers' Benefits Act are incompatible with the Basic Law.
The Asylum Seekers' Benefits Act thus violates the fundamental right to a dignified minimum standard of living, the fundamental right to equality, the social welfare state principle (Articles 1, 3, 20 of the Basic Law), the fundamental right to health and physical integrity (Article 2, Paragraph 2 of the Basic Law), the UN Convention on the Rights of the Child, and the UN Covenant on Economic, Social and Cultural Rights.
According to the 2021 coalition agreement, the German government intends to revise the Asylum Seekers' Benefits Act "in light of the jurisprudence of the Federal Constitutional Court," but this is insufficient. Ultimately, the double standard remains in place.
demands
There can be no double standards when it comes to human dignity. We demand equal access to social benefits for all people living in Germany, without discriminatory differences. The Asylum Seekers' Benefits Act must be abolished. Those affected must be integrated into the regular social welfare system. This requires, in particular, the following changes:
- Abolition of the Asylum Seekers' Benefits Act and inclusion of refugees in the basic income support program or social assistance (SGB II/XII). According to the 2012 ruling of the Federal Constitutional Court, any migration-related cuts and sanctions must be completely avoided.
- Inclusion of all refugees in the language, qualification and employment promotion instruments of the German Social Code, Book II (SGB II).
- Inclusion of refugees in statutory health and long-term care insurance (Social Code Book V/XI). It must be ensured that undocumented individuals also have access to the healthcare system at all times without fear of deportation. In particular, a right to language interpretation when accessing healthcare services must be enshrined in law.
- People affected by illness, trauma, disability, need for care, as well as pregnant women, single parents, elderly people and refugee children must – in accordance with their right under the EU Reception Directive – be entitled to all additional benefits required due to their special situation (in particular according to SGB IX, SGB VIII, etc.).
- Benefits to secure subsistence are provided as monetary benefits
to design.
The organizations that signed the appeal can be found here:
