A/HRC/55/44/Add.1
favourable conditions and sufficient financial resources for their exercise. Fulfilling such
international obligations is the responsibility of all levels of government and all public
institutions, across all relevant sectors of public policy.
32.
United Nations human rights monitoring bodies regularly remind Governments of the
need to raise awareness nationally of international standards. 5 Explicit reference to cultural
rights would increase the visibility and understanding of such rights and help ensure that all
relevant public institutions and bodies play their role in meeting the country’s existing
obligations. The Special Rapporteur understands that, in a federal system, the monitoring
function of each international instrument may be coordinated by a specific ministry, and the
competencies may be divided between the various levels of government. Nevertheless, and
in particular for human rights instruments as broad as the two International Covenants, all
government bodies should be fully informed of the human rights guidance that exists at the
international level, understand their role in upholding such rights within their functions and
have the necessary capacity to contribute to their explicit implementation and monitoring. A
federal system, with its ability to ensure more direct participation of its citizens and
involvement of a diversity of voices in decision-making processes, should be a strength in
upholding human rights responsibilities, not an excuse for incomplete or weak oversight.
33.
The Special Rapporteur was not able to ascertain how new international standards and
discussions related to the International Covenant on Economic, Social and Cultural Rights
are communicated effectively to all relevant public institutions and authorities. From her
discussions with the relevant public institutions and authorities, she noted a disconnect
between international and national laws, and a lack of awareness of the broad scope of
cultural rights, including the right of each person to participate in decision-making processes
that relate to his or her way of life, as well as of the guidance regarding respect for cultural
diversity. She worries that many decisions that have an impact on cultural rights are taken
without taking international human rights law and standards into consideration.
34.
More discussion needs to be conducted among different public bodies on the
international human rights standards relating to cultural matters. The Special Rapporteur
encourages Germany to consider creating specific training on cultural rights and to strengthen
the ability of judges, prosecutors and lawyers to directly apply or invoke the International
Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil
and Political Rights, as well as the optional protocols thereto, in national courts.
B.
Right of all to take part in cultural life
35.
The Special Rapporteur was told that discrimination in the right to participate in
cultural life was not uncommon and that the extent of the obligations relating to this right
was not well known. While the General Equal Treatment Act of 2006 applies to the fields of
work and civil law, it does not apply to all areas of law. Furthermore, in practice, people are
still excluded from private clubs on the basis of skin colour, real or perceived origin or other
grounds, despite the fact that such discrimination is illegal. She was also informed that taking
a case of discrimination to court was not always possible or easy.
36.
One difficulty in upholding this right without discrimination stems from the
distinction in law and policies between migrants and persons of migrant background on the
one hand, and Germans, on the other. When considering the policy approach of aiming to
integrate migrants, the Special Rapporteur heard about the wide availability of public-funded
German language classes, including vocational language courses, and about orientation
courses that introduced certain German values and ways of interacting in German society,
such as the significance of the free and democratic order, the federal structure, the welfare
system, equal rights, tolerance and religious freedom. These are all important resources for
migrants that can help them to overcome initial language barriers and facilitate adaptation.
Cultural integration measures were described to the Special Rapporteur as being aimed at
building and fostering a sense of belonging to society. The sense of belonging to a society,
5
8
See CERD/C/DEU/CO/19-22, paras. 7, 11 (c), 16 and 24, and E/C.12/DEU/CO/6, para. 65.
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