A/HRC/55/44/Add.1 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 GE.24-01816 5

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