A/HRC/14/43/Add.2
discrimination in many aspects of their life. In particular, a large number of Muslim
residents live in ghettoized neighbourhoods, with few opportunities to interact with German
society at large. Although ghettoization may at times be voluntary, the Special Rapporteur
recalls that discrimination in housing has a substantial impact in creating these ethnically or
religiously segregated communities (see section D above). It should be noted in addition
that the overlap of social status with religious affiliation and ethnicity further compounds
the difficulties faced by these communities as far as integration is concerned.
59.
The Special Rapporteur also noted with concern that discrimination against Muslims
increased substantially after 11 September 2001, with widespread stigmatization
associating Muslims and terrorism. This directly affects Muslims in many aspects of their
life, including the school system and the workplace. The Special Rapporteur was informed
of some innovative strategies to try to foster better understanding between Muslim
communities and State institutions, particularly the police, in order to build better common
understanding and trust. However many Muslims voiced concern that relations between the
Muslim communities and State institutions, in particular the police, are predominantly
focused on security issues.
60.
The Special Rapporteur also received information concerning the prohibition
introduced by many Länder regarding the wearing of religious symbols by schoolteachers.
None of these laws exclusively address the headscarf, but rather focus on the need to
promote “religious neutrality”. However, the Special Rapporteur noted that some of these
laws may have a discriminatory effect on Muslim women and often engage in double
standards, particularly with the introduction of some forms of exemption granted to the
wearers of Christian symbols.7 In addition, these laws may also have the effect of further
decreasing the number of qualified Muslim teachers in public schools, thus making it more
difficult to promote cultural awareness among pupils.
61.
The Special Rapporteur notes with satisfaction that in order to address some of the
challenges faced by the Muslim community, the Federal Ministry of Interior set up the
German Conference on Islam, which brings together civil society representatives, religious
leaders, representatives at the federal level, the Länder and municipalities, as well as
scholars and academics. According to the authorities, the Conference aims to promote
inclusive and constructive forms of dialogue, and to ensure better integration of Muslims in
Germany.
V. Analysis and assessment of the Special Rapporteur
62.
The Special Rapporteur observed some very positive trends within German society
and political institutions regarding issues of racism. He would like to make reference to
three key areas of progress in the fight against racism: (a) the reform of the legal and
institutional framework to prevent discrimination; (b) the shift in Germany’s approach
towards recognizing the contribution of migrant communities in the country; and (c) the
wide array of grass-roots projects to fight racism and promote integration.
63.
The Special Rapporteur noted with satisfaction that a number of important measures
had been taken in Germany since the visit of his predecessor in 1997. In particular, he
welcomes the efforts of the Government to reform the legal and institutional framework to
7
GE.10-11624
See Human Rights Watch, Discrimination in the Name of Neutrality, February 2009, available online
at http://www.hrw.org/en/reports/2009/02/25/discrimination-name-neutrality-0. See also the analysis
of the issue of religious symbols in general by the Special Rapporteur on freedom of religion or
belief, E/CN.4/2006/5, paras. 36–60.
15