“Persons with disabilities include people who have long-term physical, mental, cognitive or sensory impairments which, in interaction with various barriers, may prevent them from participating fully, effectively and equally in society.” (Art. 1 UNCRPD)
“States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities.” (Art. 24(5) UNCRPD)
According to Art. 2 UNCRPD:
“Persons with disabilities are those who have, for a duration of more than six months, been affected by physical, mental, intellectual or sensory impairments which, in interaction with attitudinal and environmental barriers, are likely to prevent them from participating in society on an equal basis.” (§ 2(1) SGB IX)
These definitions include students with chronic and mental illnesses.
The German Higher Education Framework Act (Hochschulrahmengesetz, HRG) stipulates that higher education institutions must “ensure that disabled students are not disadvantaged in their studies and that they can make use of the offers of the higher education institution as much as possible without outside help” (§ 2(4) sentence 2 HRG, translated).
“Examination regulations must take into account the special needs of students with disabilities to ensure equal opportunities.” (§ 16(4) HRG)
“In performing their duties, universities shall promote the effective realisation of the equal participation of people with disabilities or chronic illnesses in university life by making appropriate arrangements and taking this into account as a guiding principle. They work towards the elimination of existing disadvantages and ensure that the university's services can be utilised as far as possible without outside assistance.” (§ 24(1) BayHIG)
“The university appoints a person, who must be in primary occupation at the university, to act as a representative for the interests of students with disabilities or chronic illnesses and to ensure that they are not disadvantaged in their studies. The representative is not bound by instructions when discharging his or her duties and participates in the decision-making of the university in accordance with the university's constitution, insofar as decisions being made concern the interests of students with disabilities or chronic illnesses. The constitution of the university governs the eligibility, election, appointment, term of office, the right to be heard and participation rights as well as the duties assigned to the representative. The university may stipulate that the representative is a voting or non-voting member of university committees.” (§ 24(2) BayHIG)
