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.
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