A/HRC/55/44/Add.1
inevitable influence they have on one another. Such evolving dynamics must be reflected in
all policies. The Special Rapporteur hopes that the revision of the anti-discrimination
legislation will be used as an opportunity to consider and include international human rights
standards on non-discrimination and participation, including cultural participation and the
effective participation of minorities.
1.
Access to cultural institutions and services
43.
The right not to be discriminated against in cultural activities is not fully implemented
in Germany. Although physical access to cultural institutions for persons with disabilities
was said to have improved, significant challenges remain for them to be able to participate
on stage or as volunteers. Inclusive theatre initiatives are still limited. Libraries were
identified as having made particular progress in ensuring the comprehensive accessibility of
their premises and resources.
44.
Various steps have been taken at the Federal Art and Exhibition Hall 6 to adopt an
inclusive and barrier-free approach, involving persons with disabilities in the design of the
museums and diversifying its exhibitions to ensure accessibility for persons with various
disabilities, including mental disabilities. The Hall developed ways for art to be discovered
through multiple sensory exploration, thereby making it more accessible for all, including
children, older persons and persons with limited or no knowledge of the German language.
The Special Rapporteur encourages cultural institutions to continue their efforts in this
regard, including through a better implementation of reasonable accommodation 7 and
universal design. The definition of “reasonable accommodation” should be further clarified
and be applied more consistently. The relevant authorities may also increase the monitoring,
and support the dissemination, of positive experiences in this regard among institutions.
45.
Racism was also stated as a barrier to accessing cultural resources and institutions.
Many expressed the feeling that sometimes the choice of topic or visible contents act as
symbolic barriers. If cultural institutions do not display diversity, people of diverse
backgrounds do not feel that those institutions are relevant to them and therefore do not
engage with them. As a young activist mentioned to the Special Rapporteur, diversity in
artistic and cultural forms should be the essence of cultural institutions, rather than some kind
of social work that those institutions take on.
46.
In a few institutions, diversity is already the norm. The many artists with dual or
multiple heritage, for example at the Maxim Gorki Theatre or the Komische Oper, build
bridges that contribute to intercultural dialogue. Various positive initiatives are being taken
in cultural institutions to ensure wider accessibility, such as granting refugees and asylumseekers free entrance to museums; free access to permanent exhibitions; culture passes for
young people; exhibitions using classical works of art to question contemporary issues such
as the Me Too movement; and the development of interactive and participatory “third spaces”
in museums and libraries. These measures are excellent ways of engaging a wider spectrum
of people with cultural institutions. Another commendable initiative is the Act Aware
network,8 which is aimed at creating cultural events free of all forms of discrimination in
both theory and practice. The strength of such measures to broaden accessibility, however,
lies in their continuity, which is currently not guaranteed.
47.
Certain cultural programmes have partially integrated a cultural rights approach, even
when not explicitly naming it as such. Of particular interest to the Special Rapporteur was
the excellent practice of the Multaka project, through which newly arrived Syrians could
progress from having free entry to visit museums to becoming museum guides, providing
their own interpretation of collections. Since its creation in 2015, the project has developed
a series of tools, training and institutional conditions to empower refugees, migrants and
asylum-seekers to actively shape the museum experience and ensure that their voices are
heard. In doing so, it has given those involved more agency and a chance to be seen as more
than just refugees. Over the years, the project has involved refugees from a range of countries
6
7
8
10
See www.bundeskunsthalle.de/inklusion.html (in German).
See CRPD/C/DEU/CO/1, 2015, para. 13(a).
https://act-aware.net/ (in German).
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