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inviolable, and articles 8 and 9 protect the freedoms of assembly and association. All of the
above-mentioned articles are important provisions for the full exercise of cultural rights by
all. Germany is also bound by the Charter of Fundamental Rights of the European Union,
including article 22 on the respect of cultural, religious and linguistic diversity.
14.
Germany has a comprehensive system of protection of individual human rights
supported by jurisprudence and the rule of law. The rights listed in the Constitution, including
those directly relating to cultural rights, are directly applicable in law (art. 1.3). With regard
to those international human rights not directly mentioned in the Constitution, the Special
Rapporteur was told that monitoring at the federal level ensures that rules and legislation at
the state or local level do not go against international provisions. The full implementation of
the provisions of each international Convention remains, however, a competency of the
individual states, and positive measures may be applied only on a voluntary basis.
1.
Specific legislation
15.
The General Equal Treatment Act of 2006 incorporates four European Union
anti-discrimination directives into German law to protect against discrimination on the
grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual
orientation. For the planned reform of that Act, the Independent Federal Commissioner for
Anti-discrimination is calling for changes to allow claims to be filed against public bodies,
to reverse the burden of proof to defending parties, and to include social status and sexual
identity as prohibited grounds for discrimination. The Special Rapporteur hopes that the
elimination of discrimination and negative cultural stereotypes in cultural activities and in
the cultural sector will also be integrated into the revised instrument.
16.
In March 2021, Germany adopted the LGBTI Inclusion Strategy for Foreign Policy
and Development Cooperation, aiming to support civil society’s LGBTI-related human rights
activities. At the national level, an important piece of legislation on legal gender recognition,
the Self-Determination Act, was being discussed during the time of the visit. The Special
Rapporteur was told about the manifold difficulties related to the official recognition of a
change in gender identity and she encourages the legislators to include in the instrument
provisions for the related physical and mental health care of the persons concerned.
17.
In August 2016, Germany adopted the Integration Act, which is aimed at the
long-term integration of migrants into society. Initial orientation courses are targeted
primarily at asylum-seekers and provide basic education to allow them to cope with everyday
life, including with regard to certain values and norms of German society. The Act also
established vocational German language courses to improve the employment opportunities
of migrants. In 2020, a cooperation scheme was established under the National Action Plan
on Integration involving the federal, state and local levels of government but consideration
of culture under the scheme is reportedly marginal, mainly reduced to access to cultural
institutions and language classes. The Special Rapporteur would encourage more reciprocity
in the understanding of integration, and measures aimed at the education of the majority
population regarding the migrants living within their regions.
18.
In December 2022, the Government adopted a bill to strengthen measures promoting
democracy, shaping diversity, preventing extremism and promoting civic education
(Demokratiefördergesetz). One of the aims of the bill was improved support for civil society
initiatives and organizations promoting democracy. The Special Rapporteur was also
informed about the process for the adoption of the Participation Act, which could strengthen
the existing system of a conference of states and other mechanisms ensuring the participation
of all in law- and policymaking.
2.
Broader policy areas relevant to cultural rights
19.
The right to education is not included in the Constitution. The Federal Ministry of
Education and Research has a responsibility to address educational needs at every stage of
life, with responsibility for non-school-based vocational training, training assistance and
continuing education shared with the individual states. The Ministry also fosters social
innovations in education and in promoting diversity and integration. The Special Rapporteur
regrets that she was not able to meet with a representative from that ministry to discuss the
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