A/HRC/14/43/Add.2
facilitate recognition of qualifications that are similar to German qualifications. The Special
Rapporteur also took note of the intention of the authorities to further improve the
recognition of diplomas by introducing a certificate based on the Lisbon Convention.
D.
Housing
42.
In the Special Rapporteur’s meetings with civil society representatives,
discrimination in housing was highlighted as one of the major problems faced by migrant
communities. Across the country, many interlocutors pointed out that this form of
discrimination is prevalent with landlords who are generally reluctant to rent housing units
to persons with a migration background. The Special Rapporteur notes that this behaviour
is often very hard to prove, as it occurs silently, when landlords inform the prospective
tenant that the dwelling “is no longer available”.
43.
The Special Rapporteur wishes to note that across the world, discrimination in the
area of housing is one of the key factors that contribute to the process of ghettoization,
where immigrants unable to find housing are forced to settle in certain “minority areas”.
The Special Rapporteur noted that this process of ghettoization also occurs across
Germany. In particular, he wishes to point out that the formation of ghettos creates
additional barriers to the integration of migrants, particularly with regard to language
proficiency. It has also fostered the image of migrant communities as being “secluded” and
“unwilling” to integrate. In this regard, fighting discrimination in the domain of housing is
a key responsibility of the Government to ensure better integration of migrants into society.
44.
With regard to the enforcement of legislation for non-discrimination in housing, the
Special Rapporteur recalls that one of the major problems is the production of evidence that
would be valid in a court of law. In this regard, the Special Rapporteur believes that the
assessment of discrimination in housing should be seen as a comprehensive set of
obligations, in relation to which the State has a proactive role to play. He makes reference,
in particular, to techniques such as paired testing, whereby public agencies or independent
institutions compare the responses of landlords to prospective tenants of different
backgrounds, bringing enforcement actions against those landlords who are found to be
discriminating.
45.
The Special Rapporteur notes with concern that one of the provisions of the General
Equal Treatment Act formally allows for different treatment on the grounds of race or
ethnic origin under section 19.3, which states that “in the case of rental of housing, a
difference of treatment shall not be deemed to be discrimination where they serve to create
and maintain stable social structures regarding inhabitants and balanced settlement
structures, as well as balanced economic, social and cultural conditions”. The Special
Rapporteur raised this provision with a number of interlocutors, many of whom were
unaware of such an exception. Some authorities explained that the original purpose of this
provision was to allow for affirmative action aimed at encouraging more integrated
neighbourhoods. In any circumstance, this broad provision allowing for legal
discrimination is detrimental to any possible affirmative action efforts, particularly in a
domain as sensitive and problematic as discrimination in housing.
E.
Employment
46.
In his meeting with the Federal Ministry of Labour and Social Affairs, the Special
Rapporteur was informed of the projects and policies that are currently being implemented
in Germany to address problems of discrimination in employment. According to Ministry
officials, the main problem Germany currently faces is not necessarily discrimination in the
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