A/HRC/11/15
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between migrant workers with a legal entitlement to work in Germany and those who are staying
illegally. That did not mean that Germany does not care about problems migrant workers are
facing. Migrant workers including those without legal status were fully entitled to health care.
The delegation referred to the improvement of the legal status of migrant workers in 2007 and
stated that Germany has made progress and even extended protection to qualified migrants,
thereby following the intent of the convention without formally recognising it.
40.
Germany informed that one fifth of its population is of foreign origin and that Germany
makes every effort to integrate migrants into society. It pointed out that since 2000, children of
migrants born on German soil and whose parents have been living in Germany for a long time.
have obtained German citizenship when they are born. Germany stressed that child protection is
to be further improved through the Federal Child Protection Act which was adopted by the
government in January 2009 and sets out the competencies of the Jugendämter (Offices for
Youth). There is made no difference in regard to families with parents not having German
nationality.
41.
The elimination of the gender pay is an important aim for Germany. On the equal
treatment of men and women, Germany reported that new programmes have been started to
facilitate the re-integration of women into working life after giving birth to children and parental
allowances have been introduced, which led to the fact that now more men take over more childcare responsibilities in their families.
42.
As for the development policy and the official development assistance (ODA) quota,
Germany noted that it is committed to spending 0.51 per cent of the gross domestic product on
ODA by 2010 and 0.7 per cent by 2015. In 2007, it reached a quota of 0.37 per cent, being the
second largest donor in absolute terms.
43.
Germany stated that against its historic background, in particular the period of National
Socialism, it is dealing very seriously and extensively with xenophobia and racism, making sure
that this will never happen again. It stressed that Germany has a very strong culture of
remembrance, also among the younger generations. Germany submitted that it is not correct that
there is an upward trend in racially motivated incidents. Furthermore, there was a decrease in
affiliations to right-wing extremist parties. Germany pursues repressive measures with 28 rightwing extremist organisations being banned since 1992, as decided upon by independent courts.
Xenophobic, anti-Semitic and racist incidents are met with zero tolerance by the police, judicial
system and an emphasis was put to the involvement of civil society in the fight against racism
and xenophobia. Concerning the lack of definition of racism, Germany noted that racism is
forbidden by the Constitution and by law, but that a concrete definition would risk being too
restrictive.
44.
Germany stated its commitment to the freedom of religion as this is a fundamental right.
This is why the ‘German Islam Conference` was set up and it was also demonstrated by the
several hundreds of mosques and prayer centres in Germany. Germany would like to see similar
efforts to be made and religious freedoms to be respected all over the world for all religions.
There is no law in Germany discriminating against Muslims with regard to employment in the
public sector. While some of the German Länder, laws stipulate that public servants are not
allowed to wear, exhibit, or profess any religious symbols while performing their civic duty. In
their private lives, public servants are perfectly free to wear, exhibit and profess religious
symbols.
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