A/HRC/55/44/Add.1 against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 7. The international human rights instruments and their corresponding obligations do not need a specific domestic bill to be incorporated into federal law. According to article 25 of the Basic Law of 1949 for the Federal Republic of Germany, the general rules of international law are an integral part of federal law and take precedence over federal law. Those provisions are, however, not directly applicable by the courts. Federal courts check that none of their decisions go against the provisions of international law. There is, however, no system of verification to ensure that implementation at the state level is compatible with the provisions of international law. 8. Germany has a good record regarding its cooperation with the various treaty bodies and the universal periodic review. It issued a standing invitation to the special procedures of the Human Rights Council in 2001, and, since then, has received 12 visits from mandate holders, including the present one. The Special Rapporteur encourages Germany to continue its constructive engagement with all United Nations human rights mechanisms. 9. The Special Rapporteur was glad to hear that Germany planned to have ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights by March 2023.1 The instrument will allow individuals to present complaints to the Committee on Economic, Social and Cultural Rights regarding violations of cultural rights and should contribute to strengthening the implementation of those rights at the national level. 10. Germany is also a party to various UNESCO conventions relevant for the implementation of cultural rights for all. Concerning heritage, it is party to the Convention concerning the Protection of the World Cultural and Natural Heritage, the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two protocols, and the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; and has accepted the Convention for the Safeguarding of the Intangible Cultural Heritage. Concerning broader cultural policies, Germany has ratified the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. B. Constitutional and legislative framework 11. Germany is a federal republic, composed of 16 states (Länder) which have local governments and legislatures that enjoy considerable decentralization. This is an inheritance of its history, the current German territory having been unified under one rule for the first time only in 1871. 12. The Basic Law of 1949, which acts as the constitution of the country, begins with the obligation of all State authorities to respect and protect as inviolable human dignity and human rights constituting the basis of every community, of peace and of justice (art. 1). It guarantees the right to property ownership, freedom of movement, free choice of occupation, freedom of association, and equality before the law, and establishes social protections in the form of a welfare system, building a safety net protecting rights such as economic and social rights, including health protection, unemployment and disability compensation, maternity and childcare provisions, and pensions. 13. Cultural rights do not appear explicitly in the Constitution and the right to take part in cultural life is absent. Article 2 recognizes the right of a person to the free development of his or her personality, and article 5 protects the right of persons to freely express and disseminate their opinions in speech, writing and pictures, further proclaiming that arts and science, research and teaching is to be free. The two articles therefore cover broad aspects of cultural rights. Furthermore, article 3 protects the principle of non-discrimination, including on the basis of gender, language, origin, faith and political opinion. Article 4 establishes that freedom of faith and conscience and freedom to profess a religion or philosophical creed are 1 4 Germany acceded to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 20 April 2023. GE.24-01816

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