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. GE.24-01816

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