A/HRC/11/15
Page 5
country due to a forced marriage provided they have inter alia resided in Germany for eight years
and attended school in Germany for six years and as long as their absence from Germany does
not exceed 5 years.
15.
Germany stated regarding the situation and rights of street children that the estimated
number of 5,000 to 7,000 children living on the street has not increased in recent years. Efforts
are being made establish contact with them and to integrate them into society.
16.
Germany stated about the protection of children of prison inmates that most children are,
with the State’s help, cared for by inmates’ relatives. Only 5 per cent are sent to children's
homes. Additionally, wards in which women can live together with their children have been
established.
17.
Responding to an advance question, the delegation stated that a host of measures are
being taken to improve the protection of seniors living in nursing homes, including changes in
the applicable law and the improvement of quality control.
18.
As regards racially motivated crimes, the Government informed that such criminal acts
have been listed in a separate statistic since 2001 and that a range of different activities aimed at
combating such crimes, as well as violence against homosexuals, are implemented.
19.
Referring to anti-terrorism legislation, the Government reiterated the principles of the
rule of law are observed. The anti-terror database only contains data already in existing databases
and legislation regulates the use of the database and prevents abuse. Since January 2009, on-line
searches of computers are allowed, but only ultima ratio and only upon a court decision, so that
the private sphere is still protected.
20.
Regarding a question on the deaths of two detainees, the delegation emphasized that
these were not cases of excessive use of force by the police. Both cases have been thoroughly
investigated and measures have been implemented to better control prison cells and to improve
the protection against prison mates.
21.
Germany informed that the Optional Protocol to the Convention against Torture (OPCAT) has been ratified and entered into force in January 2009. Regarding the Optional Protocol
to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography (OP-CRC-SC), the procedure at the national level was complete, but not the
ratification process.
22.
Concerning the question about German national human rights institutions, the delegation
noted that the “German Institute for Human Rights” is in full accordance with the Paris
Principles and is accredited with “A” status by the ICC of National Institutions.
B. Interactive dialogue and responses by the State under review
23.
During the inter-active dialogue, statements were made by 46 delegations. Additional
statements by six delegations which could not be delivered during the dialogue due to time
constraints are also posted on the UPR extranet when available.** A number of delegations
thanked the Government for the comprehensive national report and its open, candid and self**
Czech Republic, Norway, Philippines, Portugal, Republic of Korea and Sweden.
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