A/HRC/39/9
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its thirtieth session from 7 to 18 May 2018.
The review of Germany was held at the 4th meeting, on 8 May 2018. The delegation of
Germany was headed by the Federal Government Commissioner for Human Rights Policy
and Humanitarian Aid, Bärbel Kofler. At its 10th meeting, held on 11 May 2018, the
Working Group adopted the report on Germany.
2.
On 10 January 2018, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Germany: Democratic Republic of Congo,
Kyrgyzstan and United States of America.
3.
In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Germany:
(a)
A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/30/DEU/1);
(b)
A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/30/DEU/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/30/DEU/3).
4.
A list of questions prepared in advance by Azerbaijan, Belgium, Brazil, Portugal,
Slovenia, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland and
Uruguay was transmitted to Germany through the troika. These questions are available on
the website of the universal periodic review.
I. Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
The delegation stated that Germany was a liberal and pluralistic democracy in which
the rule of law was firmly anchored, with developed institutions and civil society. The
Basic Law was founded on human rights. The human rights conventions were adhered to by
all German courts and by the administration. However, a critical view conducted by
external partners was a valuable exercise even for functioning democracies and
constitutional States such as Germany.
6.
Even if rights were extremely well protected in Germany, there were new
developments and challenges. These included racist views and discriminatory attitudes in
various sections of German society that had to be counteracted. Racism and hateful views
were incompatible with the German legal system and fundamental values. They were
unacceptable and would be challenged. The integration of a large number of migrants,
refugees and asylum seekers had also given rise to major challenges. Equality between men
and women still needed to be fully realized.
7.
The universal periodic review process was especially valuable as it provided an
opportunity to ascertain the views of other States on what Germany could do better to
respect and protect individuals’ rights.
8.
All governmental ministries as well as the Länder had been involved in the drafting
of the National Report. Several exchanges with civil society and with the German Institute
for Human Rights had provided valuable impetus in this process.
9.
The National Action Plan against Racism, adopted by the Cabinet in 2017, had been
expanded to include homophobia and transphobia. The Plan was connected to the Federal
Government Strategy to Prevent Extremism and Promote Democracy.
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