A/HRC/55/44/Add.1
I. Introduction
1.
The Special Rapporteur in the field of cultural rights conducted a mission to Germany
at the invitation of the Government from 28 November to 9 December 2022. She thanks the
Government for the invitation to visit the country and for its cooperation, which allowed her
to hold discussions on various aspects of her mandate.
2.
During her mission, the Special Rapporteur visited Berlin, Bonn, Cologne, Düsseldorf
and Leipzig. She held meetings with several government officials, at the federal, regional and
local levels, who hold responsibility in the areas of international human rights; combating
discrimination, including against Sinti and Roma; culture and cultural cooperation; family
affairs; gender identity and sexual diversity; migration, refugees and integration; and
diversity policies and social innovation. In addition, she held meetings with members of
Parliament and representatives of cultural institutions and agencies. She also met with artists,
academics, representatives of civil society and of cultural communities, as well as with
representatives of the German Institute for Human Rights and the German Commission for
the United Nations Educational, Scientific and Cultural Organization (UNESCO). The
Special Rapporteur thanks all those persons and institutions for their time, commitment and
the wealth of information they shared with her. She also extends her thanks to the colleagues
from United Nations agencies for their assistance.
II. General context and framework
3.
At the time of the Special Rapporteur’s mission, the three-party coalition Government
had been in power in Germany for just over a year. The coalition agreement included several
promising commitments of high relevance for cultural rights and diversity, such as the
drafting of the Participation Act, recognizing migrants’ organizations as important partners;
a review of the naturalization process to make it more accessible, by reducing the qualifying
period to five years and allowing everyone to hold multiple nationalities; and campaigns for
more acceptance of diversity and against various forms of racism and “anti-queer”
sentiments.
4.
The agreement also stated the intention of the Government to include culture as a State
goal in the Constitution and referred to the need to foster arts, culture and diversity and to
improve the social situation of artists and cultural workers. The Special Rapporteur hopes
that, in drafting those important pieces of legislation, the Government will take the
opportunity to include and implement cultural rights as enshrined – and as currently
interpreted – in instruments of international human rights law.
A.
International human rights framework
5.
Germany ratified both the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights on 17 December 1973;
the covenants contain the most significant provisions for the protection of cultural rights.
Articles 18, 19, 21, 22 and 27 of the International Covenant on Civil and Political Rights
protect, respectively, the rights to freedom of thought, conscience and religion, to freedom
of opinion and expression, including in the form of art, of peaceful assembly, and to freedom
of association, as well as the rights of ethnic, religious and linguistic minorities to enjoy their
own culture, to profess and practise their own religion and use their own language.
Articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights
protect the right to education and the rights to take part in cultural life, to enjoy the benefits
of scientific progress and its applications, and to benefit from the protection of the moral and
material interests resulting from any scientific, literary or artistic production of which a
person is the author.
6.
Germany also has obligations with respect to cultural rights through other important
international treaties, such as the International Convention on the Elimination of All Forms
of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination
GE.24-01816
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