A/HRC/55/44/Add.1
sharing of competencies, in particular with regard to aspects of education related to cultural
rights, such as the teaching of languages, human rights and tolerance, representation of
diversity and academic freedoms, and the “Integration through qualification” programme for
migrants and refugees. Teaching the histories, values and philosophies of all sections of the
population is an important aspect of cultural rights.
20.
Competencies in the field of integration of migrants are also split between the federal,
state and local levels. The Minister of State for Migration, Refugees and Integration is tasked
with connecting the realities and demands of migrants and diasporas with policymaking
initiatives, and with strengthening the participation of all migrants in German society. At the
time of the visit, the Minister of State was working on the drafting of the Participation Act
announced in the 2021 coalition agreement.
21.
The Participation Act, in addition to requiring reports on participation from the
various states, should make references to the right of all, with no distinction regarding legal
status, to freely take part in cultural life, as established in article 15 of the International
Covenant on Economic, Social and Cultural Rights and article 27 of the Universal
Declaration of Human Rights, and as explained in general comment No. 21 (2009) of the
Committee on Economic, Social and Cultural Rights. This also includes the right to take part
in shaping culture (including narratives, values, practices and visions) and in any
decision-making process that has an impact on cultural life broadly construed. Considering
the absence of this right in the Constitution, explicit references to the international human
rights obligations of Germany would be an important component of the Participation Act.
The Special Rapporteur looks forward to learning more about the adoption and
implementation of the Act when presenting her report.
22.
The Special Rapporteur learned that the German Council for Sustainable
Development had included cultural diversity, education for sustainable development and
culture and development among its areas of focus, primarily implemented abroad by the
Goethe Institute. As development and cultural rights have been one of the priorities of the
Special Rapporteur and the theme of two of her reports, she hopes to collaborate with the
Council to promote a greater recognition of cultural development and cultural rights both in
the implementation of the 2030 Agenda for Sustainable Development and beyond, as a
stand-alone goal.
C.
System of cultural governance
23.
Germany is a party to five of the six main UNESCO conventions concerning heritage
and has more than 50 properties inscribed on the World Heritage List. The German
Commission for UNESCO is supported by the Federal Foreign Office but enjoys full
independence.
24.
The overarching cultural policy of Germany, overseen by the Parliamentary
Committee on Cultural and Media Affairs, is aimed at guaranteeing the free development of
the arts and facilitating access to arts and culture for all citizens. Through the constitutionally
enshrined cultural federalism, states, municipalities and local governments share
responsibility for supporting the arts and culture, including by providing creation and
performance infrastructures, dissemination, awareness-raising and arts education. At the
federal level, advice is provided on the legal framework but not on the substance of cultural
policies. This is in many ways a commendable system based on subsidiarity, increasing
consideration for local cultural diversity and bringing cultural decision-making processes
closer to those concerned. Numerous public representatives expressed their commitment
towards respecting local realities and not imposing a top-down agenda.
25.
The Special Rapporteur shares, however, the concern of the Committee on Economic
Social and Cultural Rights that such a decentralized system leads to a significant degree of
disparity in the realization of cultural rights across the states. While Germany aims to respect
local diversity, it also has a responsibility at the federal level to fulfil its obligations under
the Covenant as the primary duty bearer,2 which may require establishing minimum standards
2
6
See E/C.12/DEU/CO/6, paras. 5 and 6.
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