A/HRC/11/15
Page 10
45.
Regarding the question on the absence of an office of an ombudsperson, the delegation
noted that Germany has a comprehensive system of protection by courts. It is also possible for
citizens in certain cases to seek redress before the Constitutional Court. Over the past 15 years
over 2,000 court rulings have been changed by the Constitutional Court, and many laws have
been declared unconstitutional, demonstrating that the German court system is working. People
can also submit petitions to the relevant Government or Parliaments.
46.
On the question of the equal treatment of persons living in same-sex relationships, or
“registered partnerships” and why they do not enjoy the full rights and privileges that married
couples have, the delegation stated that these matters have been discussed in the Constitutional
Court and in the European Court of Justice (ECJ). The latter has accepted the legal situation
prevalent in Germany because registered partnerships and marriage proper are not entirely
compatible in every respect. Despite these rulings there is a debate whether the rights of people
living in a registered partnership may not be extended.
47.
Algeria noted the reported increase of incidents of racist characters especially against
Muslim, Roma, Sinti and asylum-seekers, in particular of African origin. Algeria recommended
that Germany give diligent follow-up to recommendations of CERD in 2008, in particular the
prevention of racially motivated offences, guaranteeing the equal enjoyment of the right to
adequate housing, lifting obstacles encountered by asylum-seekers for schooling their children,
and inclusion in their legislation of a specific provision making ethnic racial or religious hatred
an aggravated circumstance in criminal matters. Given the importance attached by Germany to
combating racism, racial discrimination, xenophobia and related intolerance, including within its
own border, Algeria recommended that Germany should intensify its efforts in the area with a
more committed contribution to the preparatory process for the Durban Review Conference with
a view to ensuring its success. In order to be more persuasive in its approach vis-à-vis third
parties, Algeria recommended that Germany should set an example itself by accepting that the
thousands of migrant workers from its development partners should be able to live in Germany
and benefit from the protection of the ICRMW as it can truly protect the most elementary rights.
Algeria recommended that Germany should accede to this Convention.
48.
Mexico noted that several mechanisms have mentioned the difficulties of the migrant
populations in accessing the justice system and basic services. Mexico recommended
considering the possibility of eliminating criminal sanctions against undocumented migrants as
well as those sanctions against those providing services for the protection of their rights. Mexico
recommended that within the framework of the open and permanent invitation that it has
extended to special procedures, Germany encourage the visit of the Special Rapporteur on
trafficking in persons, specially women and children. While noticing the importance attached to
the respect of human rights in combating terrorism, Mexico asked about safeguards. While it
appreciated the information on the obstacles preventing Germany from ratifying the ICRMW it
invited Germany to maintain under study the ratification of this Convention from a human rights
perspective, recognizing the fact that human rights are universal in nature and therefore are not
conditioned by migrant status.
49.
Slovenia noted that the Special Rapporteur on the right to education indicated that
education authorities might attach disproportionate weight to linguistic competence of
schoolchildren of foreign origin. It noted that CERD recommended reconsidering the problem of
the transfer of children of non-citizens to special schools for “under-achievers”. In its voluntary
pledge Germany committed to take steps to ratify OP-CAT and OP-CRC-SC. While noting the
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