More than 130 human rights groups, charities and refugee councils throughout Germany have launched a campaign to abolish the country's 30-year-old benefits scheme for asylum seekers.

Under the Asylum Seekers' Benefits Act (Asylbewerberleistungsgesetz, 'AsylbLG'), asylum seekers receive less support than regular citizens under the Bürgergeld-Gesetz, or Citizens' Benefits Act, which replaced the previous Hartz IV benefits scheme in January. 

The groups calling for the abolition of the Asylum Seekers' Benefits Act say the level of benefits for asylum seekers falls well short of that provided to other citizens. They are especially critical of the fact that, under the special provisions for asylum seekers, cash benefits are often replaced by benefits in kind, which they say discriminates against and disenfranchises asylum seekers.

In addition, limited health care available to asylum seekers under the law often leads to delayed and inadequate medical treatment, the groups say.

At the end of 2021, around 400,000 people were receiving assistance under the Asylum Seekers' Benefits Act. The number reflected a slight rise on the previous year, the first since 2015.

Also read: The myth that asylum seekers get more money

'Double standard' criticized

The idea behind the introduction of the Asylum Seekers’ Benefits Act in 1993 was to deter migrants from coming to Germany by offering only minimal social support often in the form of benefits in kind. However, this was rejected by the German constitutional court in 2012, which said 'the human dignity guaranteed in the first paragraph of Article 1 of the constitution cannot be relativized by a migration policy.'

Nevertheless, between 2014 and 2019, further cuts to asylum seekers' benefits were introduced by the then government, some of which were later overturned by the constitutional court. The current government has announced that it will amend the Act in light of the case law of the court.

But opponents of the Asylum Seekers' Benefits Act say the government's plans do not go far enough. Citing what they claim are violations of a number of fundamental rights, such as the right to equality, the right to health and physical integrity and the UN Convention on the Rights of the Child, they say the Act continues to reinforce a 'double standard'.

Rights groups are planning several protests and actions in May, including demonstrations and a petition, already signed by more than 155 organizations at time of writing.

List of demands

The following demands are among those made by the signatories:

• The Asylum Seekers' Benefits Act is to be abolished and asylum seekers must instead be entitled to receive the same benefits as regular citizens.
• All asylum seekers and refugees should have access to language and employment opportunities as well as statutory health insurance.
• All those affected by illness, trauma, disability or pregnancy, and all single parents, elderly people and children who have fled their country of origin must be entitled to additional benefits according to their specific circumstances.
• Living expenses must be paid in cash.