legal foundations

On this page you will find information on the legal basis of equal opportunities measures for students with health impairments at Leuphana University of Lüneburg.

UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities was introduced in Germany in March 2009. It does not implement any additional rights, but concretises the universal human rights to the reality of life for people with disabilities and health impairments. By signing the UN Convention on the Rights of Persons with Disabilities, the Federal Republic of Germany has committed itself to respecting, protecting and actively implementing the rights of persons with disabilities and health impairments.

German basic law

Art. 3(3), second sentence

"No one may be disadvantaged because of his or her disability."

Art. 3(1)
"All persons are equal before the law."

Art 12(1)
"All Germans shall have the right to freely choose their occupation, place of work and place of training. The exercise of the profession may be regulated by law or on the basis of a law."

Lower Saxony Disability Equality Act (NBGG)

E.g. § 4 paragraph 2 sentence 1

"Public bodies shall not discriminate against persons with disabilities."

Framework Act on Higher Education

§ 2 "Tasks", para. 4
"The institutions of higher education [...] shall ensure that disabled students are not disadvantaged in their studies and are able to make use of the offers of the institution of higher education as far as possible without outside assistance."

§ Section 16 "Examination regulations", sentence 4
"Examination regulations must take into account the special needs of disabled students in order to ensure equal opportunities for them."

Lower Saxony Higher Education Act (NHG)

§ 3 Paragraph 1 Sentence 1 No. 7
"The tasks of the institutions of higher education are to participate in the social promotion of students, taking into account the special needs of students with children or relatives in need of care and students with disabilities or chronic illnesses, whereby the institutions of higher education shall ensure that students with disabilities or chronic illnesses are not disadvantaged in their studies and can make use of the offers of the institution of higher education as far as possible without outside assistance, [...]".

§ Section 3, paragraph 1, sentence 3
"In order to safeguard the interests of students with disabilities or chronic illnesses (sentence 1 no. 7), the university shall appoint a representative; further details shall be regulated by the basic regulations."

§ Section 7, paragraph 3, sentence 5
"Examination regulations must take into account the special concerns of students with disabilities or chronic illnesses in order to safeguard their equal opportunities."

§14 Paragraph 2
"The fees and charges pursuant to §13 may be waived in whole or in part upon application if the institution would result in undue hardship. As a rule, undue hardship shall be deemed to exist with regard to the long-term study fee

                1. in the event of the effects of a disability or serious illness prolonging the duration of studies [...]."

Basic Regulations of Leuphana

§ 2 Paragraph 2 Sentence 2
"It [the university] shall participate in the social promotion of students. It shall take into account the special needs of students with disabilities or chronic illnesses. The Presidential Board shall appoint a representative to represent the interests of students with disabilities or chronic illnesses."

general examination regulations ("Rahmenprüfungsordnung") College

The right to compensation for disadvantages for students with disabilities or chronic illnesses is enshrined in the Basic Law, the Higher Education Framework Act, the state higher education laws, the examination regulations of higher education institutions and the UN Disability Rights Convention.

The consideration of the special needs of students with disabilities or chronic illnesses in examination regulations is required by the Lower Saxony Higher Education Act (NHG) § 7 para. 3 p. 5 NHG:

Examination regulations must take into account the special concerns of students with disabilities or chronic illnesses in order to ensure equal opportunities for them.

The legal framework for disadvantage compensation at Leuphana University of Lüneburg is provided by §15 of the  Framework Examination Regulations (RPO) for the Bachelor's and Master's programmes, §9 of the RPO for part-time Bachelor's programmes and §7a of the RPO for the Master's programmes at the Professional School.

§15 Compensation for disadvantages

(1) If students credibly demonstrate that they are unable to take examinations in whole or in part in the prescribed form, e.g. due to a prolonged physical or mental restriction, they must be given the opportunity to take the examinations in an extended time or to take equivalent examinations in another form. The decision shall be taken by the competent examination board.

(2) Insofar as compliance with deadlines for registering for examinations, repeating examinations, reasons for missing examinations and compliance with processing times for examination papers are concerned, the illness of the student shall be deemed to be equivalent to the illness and necessary sole care of a close relative. Close relatives are children, parents, grandparents, siblings, spouses and civil partners.

(3) The utilisation of the protection periods of § 3 Para. 2 and § 6 Para. 1 of the Maternity Protection Act (MuSchG) as well as the regulations on parental leave in §§ 15 and 16 of the Act on Parental Allowance and Parental Leave (BerzGG) shall also be taken into account. An application to this effect shall be submitted to the relevant examination board.

(4) Observance of the provisions under paras. 1 to 3 shall not result in any disadvantages for the students concerned. The fulfilment of the requirements according to paras. 1 to 3 must be proven by suitable documents, such as a specialist medical certificate, if applicable an official medical certificate, birth certificates, certificates from the residents' registration office, etc.