A/HRC/55/44/Add.1
more discussion among different public bodies on such matters needs to be encouraged.
International human rights standards on non-discrimination and participation,
including cultural participation and the effective participation of minorities, should
guide any relevant new legislation and be considered in all public policies. This would
increase the visibility and understanding of these rights, help raise awareness for the
standards and obligations and ensure that all relevant public institutions and bodies
play their role in meeting the country’s existing obligations.
90.
The Special Rapporteur admires the vibrancy and engagement of German civil
society and of the cultural sector towards cultural diversity, as well as the numerous
associated excellent practices, and welcomes the commitments and legislation recently
adopted to better respect and protect that diversity.
91.
In addressing the challenges of multicultural realities, German authorities
should, however, make better use of the international human rights standards and
guidance on cultural rights, and ensure that they are better disseminated, known and
implemented at all levels of the country’s federal system. The voluntary, ad hoc and
temporary initiatives for implementing cultural rights remain fragile for as long as they
are not structurally anchored in long-term strategies and policies.
B.
Recommendations
92.
To improve the understanding and full realization of cultural rights, the
Government should:
(a)
Incorporate all international human rights instruments, including the
Optional Protocol to the Covenant on Economic, Social and Cultural Rights, into its
legal system in ways that ensure their direct application before German courts, in order
to afford all individuals its full protection;
(b)
Disseminate and enable discussion of the provisions of international
human rights law relating to cultural rights and of the present report, at the national,
state and local levels, in particular among parliamentarians, public officials and judicial
authorities, in order to improve awareness of the cultural rights standards and
obligations contracted by Germany and their full implementation at all levels;
(c)
Include explicit references to cultural rights in the federal, state or local
laws, programmes and regulations, and in particular, in the Participation Act;
(d)
Raise awareness, through campaigns in educational institutions, the
public arena and the media, of the definition of cultural rights, including the right for
all to take part in cultural life, to express one’s own identity, values and way of life
without fear of discrimination, and to access and enjoy the arts, science and sports;
(e)
Establish minimum standards and guidelines for reducing disparities and
ensuring that all people, regardless of their place of residence, can fully enjoy and
exercise their cultural rights, and closely monitor the implementation of those rights at
all levels;
(f)
Include international human rights instruments in the curricula of
universities and legal studies;
(g)
Conduct regular and mandatory training on intercultural competencies
across all ministries and local authorities, as well as for education professionals and
members of the police force, and ensure that the training includes the standards and
norms of both human rights and cultural rights.
93.
In addressing discrimination, the authorities should:
(a)
Take specific and special measures at all levels, and with the meaningful
participation of groups and communities involved, for reducing discrimination,
including indirect, structural and intersectional measures, and address the widespread
and continuing stereotyping and marginalization of specific sections of the population;
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