281. Two friends want to go to a public swimming pool in Germany. Both have dark skin and are therefore not allowed to enter. Which right is being violated in this situation? The right to …

Answer options

1. freedom of expression.
2. equal treatment.
3. freedom of assembly.
4. freedom of movement.

Explanation

The right at stake is equal treatment: Article 3(3) sentence 1 of the Basic Law prohibits disadvantage on grounds of 'race' or ethnic origin; a public facility may not exclude anyone because of dark skin. If the pool is municipally operated, the constitution binds the authority directly; if privately operated, the General Equal Treatment Act (AGG), §§ 19 et seq., governs mass‑market transactions and access to goods and services open to the public (implementing Directive 2000/43/EC). This stringent anti‑discrimination protection emerged from Germany’s confrontation with National Socialist racial persecution and gives concrete effect to human dignity (Art. 1(1) GG) as well as the rule‑of‑law and social‑state principles.