A/HRC/11/37
policies in the war on terror, and considered that a confession from a suspect of terrorism
obtained as a result of torture was a blatant violation of human rights, in particular in view
of the fact that the German law would not in normal circumstances accept those confessions
as credible evidence.
191. The Organization for Defending Victims of Violence noted that German teachers
wearing the hijab were discriminated against on the basis of their gender and religion, while
exceptions were made for Christians and western cultural traditions. Another alarming issue
was the increase of attacks by neo-Nazi criminal groups against migrants and minorities. It
expressed concern about the conditions of the migrant population and called for more
sensitivity towards them. It called on the Council to request Germany to increase its
commitment to human rights and to pay attention to the neglect of freedom of expression
and belief, which amounted to discrimination.
192. The Iranian Elite Research Center expressed concern at the neglect of the freedom of
belief and religion. It noted that this issue in some German States had resulted in legal
restrictions for Muslims, particularly women who faced religious and gender
discrimination. The banning of religious clothes in some State-run schools violated the
fundamental rights of Muslim women. The Center called upon Germany to review and reevaluate laws banning the wearing of religious signs and insignia in some States, so that the
freedom of religion and belief of people would not be violated. It also called on the
Government to take to Muslims the same non-discriminatory approach it takes to other
religions.
193. The Arab Commission for Human Rights expressed concern at Germany’s refusal to
accept the recommendation to ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, noting that its argument
remained unchanged since, at the time when the Convention was negotiated in 1990,
regarding the Durban Review Conference, it noted Germany’s commitments to continue its
fight against racism, and underlined the statements that democratic countries had enormous
responsibility for the universal acceptance of the outcome document, particularly paragraph
66, which stated that the Holocaust should never be forgotten.
194. Amnesty International welcomed Germany’s acceptance of the majority of
recommendations, including the upcoming ratification of the International Convention for
the Protection of All Persons from Enforced Disappearance. It saw Germany’s contribution
to the Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights as a strong commitment to consider its ratification in due course as announced in the
national human rights plan. It welcomed the acceptance of the recommendation to fully
respect provisions of international human rights instruments, including the International
Covenant on Civil and Political Rights and the Convention against Torture. Despite
Germany’s assertion that it had always acted in accordance with these, Amnesty
International expressed concern about the continued reliance on inherently unenforceable
diplomatic assurances and the failure to introduce measures to prevent future renditions
through its territory, including air space. It regretted that Germany had declined
recommendations to strengthen efforts to prevent ill-treatment by law enforcement officials
and to ratify the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.
195. The Canadian HIV/AIDS Legal Network commended Germany for accepting
recommendations to take further initiatives to combat hate crimes based on sexual
orientation, strengthen measures to counter discriminatory attitudes, and include sexual
orientation and gender identity in public education and equality programmes. It
commended Germany for accepting recommendation 22 on the proposal to change the law
governing gender registration of transgender people, granting them the right to maintain
their existing marriages. However, concerns remained that the proposed law still contained
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GE.09-16766
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