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ensure the continuation of a viable Sorbian school network, including
secondary schools, in order to sustain Sorbian language and culture.
25.
The Committee is concerned that the granting of compensation to victims of racially
motivated acts under the Victims Compensation Act (Gesetz über die Entschädigung für
Opfer von Gewalttaten - OEG) appears to be based on the citizenship status of the victims
rather than on the seriousness of the acts committed. (art.6)
The Committee recommends that the State party consider revising the
provisions of the Victims Compensation Act in order to provide for
compensation to victims of racially motivated crime regardless of their
citizenship status.
26.
While noting that the Criminal Code includes a general provision stipulating that the
motives and aims of the offender must be taken into account in determining the sentences
for crimes, the Committee is concerned that German criminal law does not explicitly include
a provision which stipulates that racist motivation should be taken into account as a specific
aggravating circumstance for the purpose of sentencing in relevant crimes. The Committee
understands that such a law will be considered by the parliament. (art.6)
The Committee recommends that the State party continue its efforts to
include in its domestic criminal legislation a specific provision to ensure that
the motive of ethnic, racial or religious hatred is taken into account as an
aggravating circumstance in proceedings under the criminal law.
27.
The Committee is concerned that members of the Roma and Sinti communities are
victims of racial prejudice and stigmatization in the media and that insufficient measures
have been taken by the State party to address this situation (art. 7).
The Committee, recalling its general recommendation No. 27 (2000) on
discrimination against Roma, recommends that the State party take
effective measures to counter the dissemination of any ideas of racial or
ethnic superiority or racial hatred, as well as the incitement to
discrimination and violence against Roma in the media, in accordance with
the provisions of the Convention. It encourages the State party to fully
implement and where possible improve methods of self-monitoring by the
media in order to avoid racially discriminatory or biased language.
28.
The Committee recommends the State party provide information on follow-up
measures to give effect to the recommendations of the Committee in Communication No.
38/2006 adopted on 22 February 2008, in conformity with article 14 of the Convention.
29.
While taking note of the State party’s explanation in its written replies (see question
23), the Committee nevertheless encourages the State party to consider ratifying the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families with a view to strengthening the protection of non-citizens
against racial discrimination.