Committee on Economic, Social and Cultural Rights Reviews Report of Germany
Presenting the report of
In the dialogue that followed, Committee Experts discussed at large
The delegation of
The Committee will next meet tomorrow, 26 September at
Report
The Committee has before it the sixth periodic report of
Presentation of the Report
Often, there were no quick and easy solutions, and sometimes there were severe practical difficulties - such as the arrival to
Turning to the measures taken by the new coalition Government, the State Secretary highlighted the decision in
Questions by the Country Rapporteur
The Rapporteur asked whether the anti-discrimination legislation was effective in preventing churches to discriminate on the grounds of religious beliefs, in particular in recruitment for non-ecclesiastic positions in church-run institutions, such as schools, hospitals, or nursing homes. Was it effective in preventing discrimination by churches against employees who contracted same-sex marriage? Churches in
On measures to mitigate climate change,
The Rapporteur then addressed the Common Agricultural Policy of the
The Rapporteur questioned the issue of data exclusivity provisions included in the
Response by the Delegation
Responding to the questions raised, the delegation reaffirmed the political will of
In 2016,
Regarding anti-discrimination laws, churches were bound by the German basic law, which they must uphold, and were allowed to require their own employees to conform with their own self-image. As such, Churches could determine whether applicants for certain jobs must be from a specific religion, and this self-determination remained contentious. However, German courts were considering how to review these provisions in the light of ongoing court challenges domestically and at the
The delegation acknowledged that indeed
On generic medicines, the delegation explained that laws governing the Supplementary Production Certificate (1992) which allowed for the extension of patents was the European Union Regulation, which was uniformly implemented across the
Questions by Committee Experts
Committee Experts noted that the ratification of the Optional Protocol on individual communications could be was a test case for the country's commitment to the Covenant itself, and said that until
The issue of human rights due diligence was raised, with Experts asking whether
Concerning arms exports, Experts noted that
In respect of its role in the
Response by the Delegation
The question of integration of refugees, the delegation said in its responses, was fundamental insofar as it was clear that a large number would not return home. The Federal, regional and municipal Governments needed to coordinate and agree a large-scale response. Language classes and education on German administrative procedures were prioritized: refugees received 600 hours of German language courses and were also informed of the legislation concerning them. Inclusion measures, which might differ from one Lander to another, were implemented in reception centers, and integration services were tailored to each individual. Two-year vocational courses were offered, including to those who intended to return to their country. Social and cultural integration was likely to take several years, and in some cases, an entire generation, the delegation said.
Responding to question on human rights due diligence, the delegation said that currently,
The final destination of all arms exports was known in instances where export licenses were granted, insisted the delegation, explaining that export licenses were not granted if there was any doubt as to the final destination of a shipment. In 2017, the delegate said, the license had not been granted in 89 applications.
The loans by the
On the issue of the approval of new generic drugs, the delegation explained that all documentation submitted by applicants were checked by the
The reunification of
Questions by the Country Rapporteur
In the next round of questions, Committee Experts remarked that the skilled labour gap in
The number of temporary agency workers in
What sort of protest was available to civil servants, short of going on strike?
The delegation was asked to explain the question of suitable employment under the Social Code, and whether a person on social assistance was obliged to accept employment that was below their qualifications, and whether they had to accept a job that would require them to move. Could the delegation provide more information about education classes given to refugees and migrants on cultural values, and explain what constituted "cultural values"? What was the situation concerning the reform of informal and illegal employment?
Response by the Delegation
Responding to the question raised on the restriction in access to welfare, the delegation explained that the
On the employment rights for people with severe disabilities,
With regard to precarious work or temporary agency work, the delegation pointed out that some seven million such workers received social benefits, and that some of those jobs were bridges to more stable contracts. The minimum wage was set by an independent commission and re-evaluated every five years. There were about two million workers in the country who did not benefit from the social protection system; to remedy this, an obligation to purchase private insurance would be introduced. The Government would also combat the phenomenon of bogus self-employed workers who were, in fact, employed by digital platforms. The possibility of linking the number of fixed-term contracts indefinitely would be reduced.
There was an ongoing debate about gender gap in pay and pensions, especially in cases where a tax payer-funded pension scheme was not an option. The female occupancy rate was 77 per cent, a share that the Government intended to increase, notably by encouraging a decrease in part-time work in favor of full-time work, particularly considering the impact on the pension levels of a large number of women who have interrupted their careers to raise their children or who have chosen to work part-time.
Trade union membership was in decline, said the delegation, which meant that the collective bargaining power was declining too, and the impact might be particularly acute for workers in the social care sector. Whilst the strike of civil servants was outlawed, they were members of trade unions, which could enter into extensive consultations with the State before any changes were made to employment conditions.
Questions by the Committee Experts
Continuing the dialogue, the Experts raised the issue of family reunification, which after having been suspended had recently been reinstated, with a quota of 1,000 persons per month, asking how allocation was being implemented. What motivated the switch from paying benefits in cash to paying them as benefits in kind, for asylum seekers in detention centres?
Financial commitments to housing from Government budgets had decreased by 83 percent between 2006-2016, and it was estimated that there were 1.2 million homeless persons in the country. What were the reasons for such reductions in spending on housing, and how such policies fit with
The Experts discussed the plight of undocumented migrants seeking access to healthcare in
Response by the Delegation
With regard to the rules on suitable employment, the delegation clarified that job seekers were not forced to move to other parts of the country to accept work, and were not financially penalized for not moving.
The new regime on family reunifications allowed the entry of 1,000 people per month, the delegation said, adding that, under the Residents Act, people could move to
The decision to switch benefits away from cash varied from state to state, and took into account personal circumstances, such as whether recipients lived in private accommodation or not. The provision of health services to migrants without residency rights was indeed a complex situation, the delegate said, rearming that the laws applied to everybody. Regulations were in place that allowed doctors to treat people with acute medical conditions, without the obligation to report the immigration status of their patients.
The fight against child poverty was a priority of the new coalition Government. Nearly 600,000 children - out of 1.7 million school children - benefited from education assistance grants out, and family allowances will be revalued. Responding to questions about child nutrition, the delegation said that often, the problem was not so much the absence of a meal but dietary imbalance. While parents were primarily responsible for good nutrition of their children, care was nevertheless taken to ensure that canteens in schools and creches responded as effectively as possible to deficiencies.
On social housing, the delegation said that the situation varied across the country, and explained that at the beginning of the 2000s, the forecasts had shown a contraction in housing demand, and it had thus appeared at the time that it would be sufficient to maintain or renovate existing housing. In fact, urban areas continued to expand as a result of internal influxes and from abroad. The Federal Government had made more than
The delegation could not confirm that 1.2 million people were homeless, stressing that there many classifications and definitions of homeless persons, for example people living with friends, rather than on the street.
Follow-up Questions
Committee Experts asked about on access to justice in German courts by those suffering as a result of actions of German companies abroad, and commented in particular on the lack of access to class action suits and financial support for claimants during the legal proceedings.
The minimum wage was set at
On the issue of care, the delegation was asked whether
The Committee discussed the high instance of energy poverty in
Responses by the Delegation
The delegation explained that access to justice was available to non-nationals who suffered as a result of actions by German companies, including legal aid, but
One study had found that 750,000 workers were receiving salaries below the minimum wage in 2017, said the delegation, noting that the minimum wage had been only introduced recently, with a review of the implementation of the legislation expected within two years. A thorough evaluation would be carried out in 2020 to allow for a better assessment of its application. Until then, the State would increase its enforcement of the minimum wage and take action against companies that did not comply with the law. The employees themselves could complain, the delegate said, all the while recognizing the complexity of the issue, especially for domestic workers who had a close relationship with their employer. In addition, measures were being taken against undeclared work.
Domestic workers enjoyed the same labour protections that all other workers enjoyed, from health coverage to the minimum wage.
Regarding the skilled labour gap,
The Government aimed to increase the number of people who were cared for in their own homes, a delegate continued, noting that the demand for carers was greater than supply. Not intending to fill the shortage through immigrant workers, the Government considered filling at least the part of the gap by increasing the occupancy rate of carers, since 80 per cent were currently working part-time.
Data on surgeries performed on intersex children were not being collected, but the Government had agreed that medical intervention could only be carried out if there was a risk to the child's life or health, and would bring forward such legislation.
In responding to questions regarding foreign speculation on housing, the delegation explained that no data was collected on the nationality of investors buying up properties in
Questions by the Committee Experts
In the final cluster of questions, the Experts noted that the orientation level and the specific choice of schools remained open until the end of sixth grade, when the pupils earned their right to attend gymnasium and non-gymnasium type of school. The existing education system had targeted and individual support that could also be seen as discriminatory since more and more children left school without proper education. The risks of dropping out was twice as high for migrant children than for those of German origin.
What measures had been taken at federal level to remove those differences and to unify the rules governing access to education without any obstacles made at the state level?
The Experts noted that only the recognized minorities could enjoy cultural rights and asked about the criteria for their recognition and whether it was possible to appeal non-recognition decisions.
Response by the Delegation
Responding, the delegation said that the shocking results of the Programme for International Student Assessment (
The federal states were doing their outmost to lead their students to the best degree possible. Every type of secondary school allowed the opportunity to finish the school and in the last decade more and more students strived for higher school certificates, which were now held by over half the country's population.
When it came to children with migrant background, their lower performance was also the question of their social origin. There were several programmes that aimed at improving their situation, from improving their language capabilities to strengthening cooperation with their parents, which also made school transitions easier.
On inclusive education, all children of school age had to attend school. Once the
With regards to cultural rights of non-recognized national minorities, the delegation mentioned programmes in the media, for example,
Concluding Remarks
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