Common Core Document of the Federal Republic of Germany

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(as per: 15 May 2009)

Contents

CONTENTS...... III

A. GENERAL INFORMATION ABOUT THE FEDERAL REPUBLIC OF GERMANY...... 1

I. GEOGRAPHICAL , HISTORICAL , DEMOGRAPHIC , SOCIAL , CULTURAL , ECONOMIC AND JUDICIAL CHARACTERISTICS .. 1 1. Geographical category...... 1 2. Historical background...... 1 3. Demographic characteristics...... 3 a. General information...... 3 b. Shares of the population with foreign nationality...... 5 c. Religious affiliation ...... 6 4. Social and cultural characteristics...... 7 a. Most frequent causes of death ...... 7 b. Infant and maternal mortality rate...... 8 c. Use of birth control...... 8 d. Number of medically-necessary abortions ...... 8 e. Numbers of cases of reportable infectious disease ...... 8 Rotavirus ...... 10 Atrial fibrillation...... 10 Tularaemia...... 12 f. Education system...... 14 g. Literacy rate...... 19 h. Social security...... 19 i. Composition and consumption conduct of households ...... 21 5. Economic characteristics...... 22 a. Employment...... 22 b. Economic power ...... 24 c. Public development cooperation...... 25 6. Crime statistics and judicial characteristics ...... 28 a. Data from the judiciary and public security...... 28 b. Crime statistics data...... 30 c. Prison data...... 33 7. Other characteristics...... 36 a. Media access among the population...... 36 b. Non-governmental organisations...... 36 II. THE CONSTITUTIONAL , POLITICAL AND LEGAL SYSTEM ...... 36 1. The state form of the republic ...... 37 2. Head of state and the state leadership...... 37 3. Federal state principle...... 37 4. Municipalities and associations of municipalities ...... 38 5. Democracy and the electoral system ...... 39 a. Political parties...... 39 b. Election and tasks of the German Federal Parliament...... 41 III

c. Suffrage ...... 43 d. Turnout...... 43 Land ...... 44 e. Proceedings regarding the scrutiny of an election ...... 44 6. The Federal Council...... 45 7. The principle of the rule of law ...... 45 8. Jurisdiction and the Federal Constitutional Court...... 46 9. The social state principle...... 47 10. The fiscal administration ...... 48 11. Law on the state Church...... 48 12. Recognition of non-governmental organisations...... 49 13. Membership of the European Union...... 49 14. Basic rights in the European Union...... 50

B. GENERAL FRAMEWORK FOR THE PROTECTION AND PROMOTION OF BASIC RIGHTS IN THE FEDERAL REPUBLIC OF GERMANY...... 52

I. ACCEPTANCE AND RATIFICATION OF INTERNATIONAL AND REGIONAL HUMAN RIGHT AGREEMENTS ...... 52 1. Fundamental international human right agreements ...... 52 a. The state of ratification ...... 52 b. Reservations and declarations ...... 53 Content ...... 54 c. Cancellations, limitations and restrictions ...... 58 2. Other United Nations human rights conventions and associated conventions...... 58 3. Other relevant international human right conventions...... 59 a. Conventions of the International Labour Organisation...... 59 b. Convention of the United Nations Educational, Scientific and Cultural Organization...... 60 c. Conventions of the Hague Conference on Private International Law ...... 60 d. Geneva Conventions and other conventions in the field of the humanitarian international law ...... 60 4. Regional human right conventions...... 61 II. LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PROTECTION AND THE PROMOTION OF HUMAN RIGHTS AT NATIONAL LEVEL ...... 62 1. Structure and anchoring of human rights in the German legal system...... 63 a. The list of basic rights contained in the Basic Law...... 63 aa. Personal liberty rights ...... 63 bb. Rights similar to basic rights ...... 64 cc. Equality rights ...... 65 dd. Economic rights ...... 65 ee. Cultural rights...... 65 ff. Social rights ...... 65 b. Further development of basic rights...... 66 c. Relationship between basic rights and human rights...... 66 d. Maintaining basic rights...... 67 2. Implementation of basic rights in the German legal system ...... 67 a. The binding nature of basic rights on state power...... 67 IV

b. The constitutional complaint as a special instrument protecting basic rights ...... 68 c. The binding nature of b asic rights under civil law ...... 69 d. Provisions on c ompensation ...... 69 3. Other state bodies for the protection and promotion of human rights ...... 69 a. Petition committees ...... 70 b. Commission in accordance with the Act relating to Article 10 of the Basic Law...... 70 c. Committee of the Federal Parliament for Human Rights and Humanitarian Aid; human rights reports of the Federal Government ...... 70 d. Defence Commissioner of the Federal Parliament...... 71 e. Federal Commissioner for Data Protection and Freedom of Information ...... 71 f. Commissioner of the Federal Government for Human Rights...... 72 g. Federal Government Commissioner for Migration, Refugees and Integration...... 72 h. Federal Government Commissioner for Repatriation Issues and National Minorities in Germany...... 73 h. Commissioner of the Federal Government for the Interests of the Disabled...... 73 i. Antidiscrimination Agency of the Federation...... 73 4. German Institute for Human Rights ...... 74 5. Non-governmental organisations...... 74 6. European Court of Human Rights...... 75 7. Information and publications on human rights...... 75 8. Human rights education ...... 76 9. Awareness-raising of human rights issues by the mass media ...... 77 10. Development cooperation...... 77 III. REPORTING PROCESS AT NATIONAL LEVEL ...... 78 1. Reporting...... 78 2. Follow-up measures to the final remarks of the contracting bodies...... 78

C. INFORMATION REGARDING NON-DISCRIMINATION AND EQUALITY...... 80

I. ANCHORING OF THE PROTECTION OF EQUALITY AND OF NON -DISCRIMINATION IN LEGAL PROVISIONS ...... 80 1. Constitutional law ...... 80 2. Non-constitutional law ...... 80 II. INSTITUTIONAL ANCHORING OF THE PROTECTION OF EQUALITY AND NON -DISCRIMINATION ...... 82 III. EDUCATIONAL PROGRAMMES AND INFORMATION CAMPAIGNS ...... 83 IV. LEGAL RECOURSE ...... 84

A. General information about the Federal Republic of Germany

I. Geographical, historical, demographic, social, cultural, economic and judicial characteristics

1. Geographical category

1 The Federal Republic of Germany has an area of 357,104.07 km 2, including the entire German-Luxembourg sovereign territory. It stretches from the North Sea and the Baltic Sea in the north to the Alps in the south.

2 The average temperatures of the coldest month of the year (January) range from + 1.5° C to - 0.5° C in the Plain to below - 6° C in the mountains, depending on the altitude. The average July temperatures are up to between + 17° C and + 18° C on the North German Plain, up to + 20° C in the Upper Rhine Valley. The average annual temperature is + 9° C.

2. Historical background

3 Fundamental and human rights were entrenched in Germany at federal level for the first time in the 1919 Weimar Reich Constitution, which contained a comprehensive list of basic rights. General, free suffrage was introduced in November 1918; women were able to vote and stand for office for the first time in January 1919. In terms of the organisation of the State, the German Reich was structured as a democratic republic and as a federal state. The authority of the State was vested in the people.

4 The Weimar Reich Constitution was not to last long. Especially the up to then insignificant National Socialist German Workers' Party (NSDAP) of Adolf Hitler, which combined an anti-democratic attitude with radical anti-Semitism and agitated unscrupulously against the Republic and the middle-class and social-democratic parties representing it, gained strength at the beginning of the 1930s, and became the strongest party in Parliament. The difficult circumstances pertaining at that time made it possible for Adolf Hitler to take power within a very short period. Only a few weeks after his nomination as Reich Chancellor on 30 January 1933, a process was launched to gradually make the Weimar Reich Constitution invalid. By means of the so-called “Decree to protect the people and the State”, first of all the basic rights which had just been included in the 1

constitution, such as freedom of opinion, freedom of the press, freedom of association and assembly and the inviolability of the home, were suspended. Also the privacy of correspondence and telecommunications was suspended. Parallel to this, the criminal provisions were tightened, which was particularly reflected in the introduction of the death penalty for the offences of high treason and arson.

5 The adoption of the Enabling Act of 24 March 1933, finally, totally abolished the separation of powers between the Reich Government and the Reichstag; the federal structures of the German Reich were dissolved only a short time later, and the tyrannical National Socialist regime had become definitively established. The NS regime from 1933 to 1945 was a time of total disregard of basic and human rights. National Socialist rule was based on persecution and suppression. It pursued the mass extermination of Jewish and other citizens outlawed for political or ideological, particularly racist, reasons. Only the capitulation of the German Wehrmacht on 8 May 1945 enabled the return to a constitutional order based on respect for human rights.

6 On 23 May 1949, the Basic Law, which had been drafted by the Parliamentary Council, entered into force for the Western German Länder . The constitutional deliberations that had preceded the adoption of the Basic Law were guided by the experience not only from 1919 to 1933 in the area of application of the Weimar Reich Constitution, but also by the signals going out from the Universal Declaration of Human Rights of the United Nations, which was proclaimed on 10 December 1948. What is more, the composition of the Parliamentary Council had a major influence on the contents of the Basic Law. It had four women among its members. These “mothers of the Basic Law” successfully campaigned for equal rights for women and men to be included in the list of basic rights.

7 By contrast, the development in the eastern part of Germany was characterised by convergence with the state system of the Soviet Union. The Constitution of the German Democratic Republic (GDR), founded in 1949, paid lip service to the basic rights; however, it did not really guarantee individual freedom and defensive rights against the State's powers. Political persecution, infringements of human rights and the "wall" between East and West Berlin, with its life-threatening border protection, formed the public image throughout the world of the state system of the GDR.

8 Hungary opened its borders in September 1989, permitting thousands of GDR citizens who wished to leave to pass through to Austria and from there to the West. In the GDR itself, more and more people took part in protest activities, firstly within, and then increasingly also outside the Churches. When early in October 1989 the GDR leaders celebrated the 40 th anniversary of the founding of the GDR with great pomp and ceremony, mass demonstrations were held, primarily in Leipzig. This led to the resignation of Erich Honecker, long-term Chairman of the Council of State of the GDR. Continued pressure from the people finally led to the opening of the Berlin Wall on 9 November 1989. Following the first free elections to the GDR Peoples' Chamber on 18 March 1990, negotiations were started between the Governments of the Federal Republic of Germany and the GDR with the aim of agreeing on the details of the unification of both partial states.

9 The German-German Treaty Establishing a Monetary, Economic and Social Union entered into force on 30 June 1990 as did, on 3 September 1990, the German-German Agreement on the preparation and implementation of the first all-German election to the Federal Parliament ( Bundestag ). The reunification process was ensured as regards foreign policy with the Agreement of 12 September 1990 on the final regulations with respect to Germany, the so-called "Two Plus Four Treaty" which was concluded between both German states, France, the Soviet Union, the United Kingdom and the United States of America. The Länder Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, which had been abolished in 1950 with the conversion of the GDR into a united state, were reintroduced with effect from 3 October 1990 by a statute of the GDR of 22 July 1990. On 23 August 1990 the People's Chamber in Berlin proclaimed the accession of the GDR to the area of application of the Basic Law of the Federal Republic of Germany. Upon entry into effect of the Unification Treaty between the GDR and the Federal Republic of Germany on 3 October 1990, the two German states were reunited.

3. Demographic characteristics a. General information 10 The Federal Republic of Germany had 82.218 million inhabitants on 31 December 2007. The population hence fell by 0.12 percent in comparison to the previous year. There was

also a slight drop with regard to population density, which fell to 230 inhabitants per sq km in 2007. The comparative figures of the preceding years are contained in the table below:

Year Population size Population growth rate Inhabitants (in millions) (in percent) (per km 2) 2006 82.315 - 0.15 231 2005 82.438 - 0.08 231 2004 82.501 - 0.04 231 2003 82.532 - 0.01 231

11 A total of 15.11 percent of the population lived in the rural territories of Germany in 2007. In the semi-urban – that is semi-densely settled – territories, the population share was 35.75 percent; in the urban territories, the population share was 49.14 percent.

12 The number of persons under 15 was 11.282 million (male: 5.789 million, female: 5.493 million) in the same year; that of 65-year-olds and older was 16.519 million persons (male: 6.945 million, female: 9.574 millions). The population groups named above can be compared with 54.417 million persons in the age group of 15- to 64-year-olds (male: 27.541 million, female: 26.877 million). For 2007 this leads to a quotient of dependants (the ratio of the population under 15 and from 65 upwards to the population aged from 15 to 64) of 51.1.

13 8.3 live births, as well as 10.1 deaths, per 1,000 inhabitants were recorded in the Federal Republic of Germany in 2007. The number of births and deaths of the preceding years can be found in the table below:

Year Birth-rate Mortality (live births per 1,000 inhabitants) (deaths per 1,000 inhabitants) 2006 8.2 10.0 2005 8.3 10.1 2004 8.5 9.9 2003 8.6 10.3

14 The birth-rate (total fertility rate) in 2007 was 1.37 children per woman of child-bearing age. The current average life expectancy of newborn girls is 82.3; the average life expectancy of newborn boys is 76.9. 1 b. Shares of the population with foreign nationality 15 Statistical data on the ethnic composition of the population living in Germany are not collected with regard to the persecution of ethnic minorities during the tyrannical National Socialist regime. The table below however provides information on the composition of the foreign population living in the Federal Republic of Germany. The numbers relate to the year under report 2007:

Continent / Number of individuals nationality Total Male Female Europe 5,376,612 2,764,248 2,612,364 EU States 2,337,234 1,224,525 1,112,709 Greece 294,891 160,291 134,600 Italy 528,318 311,266 217,052 Poland 384,808 187,631 197,177 Turkey 1,713,551 904,680 808,871 Africa 269,937 157,506 112,431 America 215,666 98,922 116,744 Asia 812,816 401,329 411,487 Australia and Oceania 11,116 5,883 5,233

1 The average life expectancy stated relates to the period under report from 2005 to 2007. The calculation takes place in each case for a three-year period. 5

16 Hence, the share of the foreign population among the total population in the year under report 2007 was roughly 8.82 percent (of whom male: 4.53 percent, female: 4.29 percent). In comparison to the previous years, the share of the foreign population was therefore only subject to marginal changes:

Year Share of the foreign population among the total population

Total Male Female

(in persons) (in persons) (in persons) 2006 7,255,949 3,737,409 3,518,540 2005 7,289,149 3,766,501 3,522,648 2004 7,287,980 3,786,456 3,501,524 2003 7,341,820 3,840,068 3,501,752

c. Religious affiliation 17 The following figures on the religious affiliation of the population living in the Federal Republic of Germany relate to the year under report 2007:

Religious community No. of members No. of members (in persons) (in percent) Roman Catholic Church 25,461,100, 30.97 Protestant Church 25,100,700 30.53 Islamic religious community 3,500,000 4.26 Jewish religious community 107,300 0.13

18 The statement of the number of members of the Roman Catholic Church, the Protestant Church and the Jewish religious community are based on the respective religious communities’ own statistical data. The number of Islamic believers is based on estimates of the Religionswissenschaftlicher Medien- und Informationsdienst e.V. (Religious Studies Media and Information Service – REMID). It follows from the calculations of the Forschungsgruppe Weltanschauungen in Deutschland (Research Group on World Views in Germany – fowid) that non-denominationals now account for the largest share of the population. It was 32.5 percent in 2005.

4. Social and cultural characteristics a. Most frequent causes of death 19 The ten most important causes of death in the Federal Republic of Germany are broken down in the table below: 2

Cause of death 2003 2004 2005 2006 2007 (deaths) (deaths) (deaths) (deaths) (deaths) Chronic 92,673 84,163 80,998 77,845 76,915 ischaemic (m: 38,471) (m: 35,827) (m: 35,017) (m: 33,973) (m: 34,483) cardiopathy (f: 54,202) (f: 48,336) (f: 45,981) (f: 43,872) (f: 42,432) Acute 64,229 61,736 61,056 59,938 57,788 myocardial (m: 34,679) (m: 33,348) (m: 32,973) (m: 32,471) (m: 31,195) infarct (f: 29,550) (f: 28,388) (f: 28,083) (f: 27,467) (f: 26,593) 59,117 48,184 47,939 47,079 49,970 Heart failure (m: 18,920) (m: 15,053) (m: 15,084) (m: 14,721) (m:15,972) (f: 40,197) (f: 33,131) (f: 32,855) (f: 32,358) (f: 33,998)

Malignant 39,286 39,798 40,641 40,744 41,495 tumour of the (m: 28,652) (m: 28,786) (m: 28,959) (m: 28,878) (m: 29,121) bronchials and (f: 10,634) (f: 11,012) (f: 11,682) (f: 11,866) (f: 12,374) the lung

Stroke, not 37,579 32,241 30,092 28,566 26,911 referred to as (m: 13,017) (m: 11,154) (m: 10,276) (m: 9,961) (m: 9,516) haemorrhaging (f: 24,562) (f: 21,087) (f: 19,816) (f: 18,605) (f: 17,395) or infarction

Other chronic 21,282 19,390 20,895 20,709 21,716 obstructive (m: 12,961) (m: 11,780) (m: 12,407) (m: 12,259) (m: 12,778) pulmonary (f: 8,321) (f: 7,610) (f: 8,488) (f: 8,450) (f: 8,938) disease Pneumonia, 20,888 18,395 20,976 19,713 21,079 precise pathogen (m: 8,817) (m: 7,988) (m: 9,095) (m: 8,771) (m: 9,811) not designated (f: 12,071) (f: 10,407) (f: 11,881) (f: 10,942) (f: 11,268) Malignant 19,925 19,420 18,970 18,475 18,072 tumour of the (m: 9,307) (m: 9,154) (m: 8,982) (m: 8,912) (m: 8,744) colon (f: 10,618) (f: 10,266) (f: 9,988) (f: 9,563) (f: 9,328) 15,844 15,927 16,760 17,619 18,553 Hypertensive (m: 4,406) (m: 4,459) (m: 4,483) (m: 4,686) (m: 5,015) heart disease (f: 11,438) (f: 11,468) (f: 12,277) (f: 12,933) (f: 13,538)

2 The information not in brackets relates to all deaths; the information in brackets distinguishes between male (m) and female (f). 7

17,437 17,768 17,700 17,553 17,029 Malignant (m: 264) (m: 176) (m: 245) (m: 267) (m: 249) tumour of the (f: 17,173) (f: 17,592) (f: 17,455) (f: 17,286) (f: 16,780) mammary gland

b. Infant and maternal mortality rate 20 The mortality of infants dying in the first year of life per 1,000 live births reached a level of 3.9 infants in 2007. There were 4.1 deaths of mothers per 100,000 live births in the same period. c. Use of birth control 21 No regular data are kept in the Federal Republic of Germany on the use of birth control by women of child-bearing age or their partners. However, a topical telephone survey of the birth-control conduct of adults revealed that a total of 75 percent of women and 73 percent of men or their partners used birth control in 2007. 3 d. Number of medically-necessary abortions 22 The number of medically-necessary abortions in 2007 was 4.5 cases per 1,000 live births. Whilst in 2006 and 2005 an average of 4.5 and 4.6 medically-necessary abortions per 1,000 live births, respectively, were recorded, the abortion rate in 2004 and 2003 averaged 4.7 and 4.8 cases per 1,000 live births, respectively. e. Numbers of cases of reportable infectious disease 23 All infectious diseases listed in section 6 of the Infection Protection Act (Infektionsschutzgesetz ) and the evidence of pathogens named in section 7 are reportable in the Federal Republic of Germany. The following case numbers emerge in the last five years as to these reportable illnesses:

3 The information relates to 1,501 women and men interviewed on the telephone aged from 20 to 44 who had had sexual intercourse in the past twelve months. 8

Year

Reportable illness 4 2007 2006 total male female total male female Adenovirus in the conjunctival smear 375 189 185 574 268 306 Botulism 9 6 3 6 2 4 Brucellosis 21 13 8 37 14 23 Campylobacter enteritis 66,128 34,177 31,823 52,059 27,252 24,762 Cholera 2 1 1 1 1 0 CJD 99 43 56 98 40 58 Dengue fever 264 133 131 175 102 73 Diphtheria 2 0 2 0 Ebola fever 0 0 E. coli enteritis 6,435 3,275 3,099 6,473 3,400 3,051 Echinococcosis 93 45 48 130 64 65 EHEC (not incl. HUS) 839 411 427 1,180 560 615 Fleck typhus 0 0 FSME 238 151 87 546 340 206 Yellow fever 0 0 Giardiasis 3,654 2,090 1,547 3,670 2,066 1,595 Haem. influenzas 93 47 46 121 68 53 Hantavirus 1,688 1,227 458 72 55 17 Hepatitis A 939 459 478 1,229 662 559 Hepatitis B 1,003 690 309 1,184 808 373 Hepatitis C 6,868 4,128 2,696 7,562 4,585 2,956 Hepatitis D 9 5 4 21 15 6 Hepatitis E 73 49 24 51 33 18 Hepatitis Non A-E 0 0 HUS, enteropathic 44 22 21 63 37 26 Influenza 18,900 9,694 9,115 3,805 2,026 1,778 Cryptosporidiosis 1,459 754 701 1,204 605 596 Lassa fever 0 1 1 Lice relapsing fever 0 0 Legionellosis 535 374 161 577 393 184 Leprosy 0 2 2

4 The numbers of new HIV infections, new cases of AIDS and tuberculosis cases are dealt with separately. The same applies to the incidence rates of endemic malaria. 9

Leptospirosis 166 116 50 46 36 10 Listeriosis 356 207 149 513 286 227 Malaria 541 364 173 569 379 188 Marburg fever 0 0 Measles 566 251 315 2,308 1,218 1,088 Invasive meningococcus 439 234 205 555 308 247 Anthrax 0 0 Norovirus gastroenteritis 201,227 72,364 128,214 75,865 25,928 49,838 Ornithosis 12 9 3 26 16 10 Paratyphoid fever 72 38 34 73 41 32 Plague 0 0 Poliomyelitis 0 0 Query fever 83 53 30 204 119 85 Rotavirus 59,368 29,305 29,833 67,030 33,163 33,794 Rubella , connatal infection 0 1 1 Salmonellosis 55,408 26,459 28,778 52,607 25,441 27,070 Shigellosis 869 392 475 817 368 448 Syphilis 3,278 3,010 266 3,165 2,835 328 Rabies 1 1 0 Toxoplasmosis, connatal infection 20 7 13 11 7 4 Trichinellosis 10 5 5 22 12 10 Tularaemia 20 13 7 1 1 Abdominal typhus 59 32 27 75 44 31 Atrial fibrillation 32 11 21 53 26 27 Yersiniosis 4,988 2,730 2,243 5,162 2,788 2,365 TOTAL 437,285 193,584 242,271 289,944 136,415 153,127

Year

Reportable illness 5 6 2005 2004 2003 total male female total male female total male female Adenovirus in the conjunctival smear 138 71 67 658 488 168 397 184 213 Botulism 24 17 7 6 4 2 8 3 5 Brucellosis 31 13 18 32 25 7 27 15 12 Campylobacter enteritis 62,147 32,784 29,334 55,808 29,395 26,400 47,937 25,464 22,456 Cholera 0 3 2 1 1 1 0 CJD 91 39 52 81 37 44 78 34 44 Dengue fever 144 79 65 121 66 55 131 63 68 Diphtheria 1 0 1 1 1 0 0 Ebola fever 0 0 0 E. coli enteritis 5,883 3,000 2,879 5,584 2,836 2,743 5,477 2,897 2,579 Echinococcosis 126 56 69 105 43 59 85 41 43 EHEC (not incl. HUS) 1,161 551 608 926 453 473 1,140 585 555 Fleck typhus 0 0 1 1 0 FSME 432 288 144 275 182 93 277 187 90 Yellow fever 0 0 0 Giardiasis 4,520 2,416 2,100 4,627 2,498 2,126 3,219 1,804 1,411 Haem. influenzas 71 38 33 67 39 27 77 46 31 Hantavirus 447 323 124 242 167 75 144 110 34 Hepatitis A 1,218 602 614 1,939 1,044 895 1,368 776 592 Hepatitis B 1,234 827 404 1,274 866 407 1,314 908 405 Hepatitis C 8,305 5,007 3,287 9,038 5,430 3,600 6,917 4,128 2,779 Hepatitis D 15 10 5 8 7 1 10 8 2 Hepatitis E 54 30 24 53 34 19 33 27 6 Hepatitis Non A-E 0 0 0 HUS, enteropathic 79 35 44 55 21 34 82 48 34 Influenza 12,736 6,593 6,134 3,494 1,846 1,647 8,488 4,421 4,067 Cryptosporidiosis 1,309 655 654 936 456 480 885 445 440 Lassa 0 0 0 Lice relapsing fever 0 1 1 0 Legionellosis 559 376 183 477 314 163 396 272 124

5 The numbers of new HIV infections, new cases of AIDS and tuberculosis cases are dealt with separately. The same applies to the incidence rates of endemic malaria. 6 Since not all reports state gender, the total number may be higher than the total of numbers given as “female” and “male”. 11

Leprosy 2 2 2 1 1 4 2 2 Leptospirosis 58 45 13 58 44 14 37 29 8 Listeriosis 512 265 247 296 151 145 256 139 117 Malaria 633 439 186 709 484 203 820 552 235 Marburg fever 0 0 0 Measles 781 409 371 123 63 60 777 382 395 Invasive meningococcus 629 326 303 601 317 284 774 442 332 Anthrax 0 0 0 Norovirus gastroenteritis 62,773 22,674 40,041 64,794 23,099 41,656 41,755 14,155 27,578 Ornithosis 33 19 14 15 10 5 41 31 10 Paratyphoid fever 56 32 24 107 61 46 74 39 35 Plague 0 0 0 Poliomyelitis 0 0 0 Query fever 416 235 181 117 76 41 391 217 174 Rotavirus 54,294 27,707 26,538 37,811 19,164 18,627 46,137 23,603 22,510 Rubella , connatal infection 0 3 2 1 1 1 Salmonellosis 52,281 25,529 26,709 56,991 27,675 29,287 63,095 30,692 32,370 Shigellosis 1,170 540 630 1,150 585 564 793 363 428 Syphilis 3,234 2,895 335 3,358 3,027 319 2,932 2,638 273 Rabies 4 2 2 1 1 0 Toxoplasmosis, connatal infection 18 13 5 16 11 3 19 10 8 Trichinellosis 0 5 2 3 3 1 2 Tularaemia 15 14 1 3 2 1 3 2 1 Abdominal typhus 80 48 32 82 42 40 66 37 29 Atrial fibrillation 0 0 0 Yersiniosis 5,629 3,056 2,572 6,184 3,355 2,829 6,577 3,462 3,112 TOTAL 283343 138060 145054 258237 124427 133648 243047 119265 123609

24 The incidence rates for new HIV infections can only be estimated. The following incidence rates of new HIV infections in the Federal Republic of Germany emerge 7:

Year Cases Incidence rate cases per 100,000 inhabitants 2007 3,000 3.6. 2006 2,900 3.5 2005 2,800 3.0 2004 2,600 3.2 2003 2,400 2.9

It is estimated that 80 percent of the numbers from 2007 relate to persons of male gender and 20 percent to persons of female gender.

25 The incidences of new AIDS infections are estimated as follows:

Year Cases Incidence rate cases per 100,000 inhabitants 2007 1,100 1.3 2006 1,100 1.3 2005 1,100 1.3 2004 1,100 1.3 2003 1,100 1.3

It is presumed that 82 percent of the numbers from 2007 relate to persons of male gender and 18 percent to persons of female gender.

7 The figures do not include infections diagnosed in Germany among migrants from so-called high-prevalence regions. 13

26 The incidence rates of newly-diagnosed tuberculosis cases have been distributed as follows in recent years 8:

Year Cases Incidence rate (cases per 100,000 inhabitants) 5,016 6.1 2007 (m: 9,945) (m: 7.3) (f: 2,058) (w. 4.9) 5,377 6.5 2006 (m: 3,145) (m: 7.8) (f: 2,226) (f: 5.3) 6,022 7.3 2005 (m: 3,642) (m: 9.0) (f: 2,378) (f: 5.7) 6,533 7.9 2004 (m: 3,880) (m: 9.6) (f: 2,651) (f: 6.3) 7,158 8.7 2003 (m: 4,402) (m: 10.9) (f: 2,756) (f: 6.6)

27 One case of endemic malaria was recorded in the Federal Republic of Germany during 2005 and 2007, respectively. No cases of endemic malaria came to note in the other years between 2003 and 2007. f. Education system 28 The education system in the Federal Republic of Germany is sub-divided into pre-school, primary and secondary areas. Whilst the primary area mainly includes primary schools, the secondary schools mainly include secondary general schools ( Hauptschulen ) and intermediate schools ( Realschulen ), types of school with several streams, as well as the lower grades of the grammar schools (lower secondary). Upper secondary, which follows on from lower secondary, is continued in the general schooling area, including the upper grades of the grammar schools (the so-called upper grammar school level), as well as the vocational schools. The latter constitute an element of vocational training in Germany. Vocational training takes place both in full-time schooling and on the dual track, hence facilitating a connection between vocational practice in a company and part-time schooling.

8 The information not in brackets relates to all cases; the information in brackets distinguishes between men (m) and women (f). 14

The proximity to vocational practice and to the employment system here frequently ensure a seamless transition from training to employment. The fact that roughly two-thirds of all school-leavers in Germany opt for the dual vocational training system demonstrates that this training method is highly attractive and popular.

29 The public funds in the educational sector are not only spent on public schools, as certain private schools also receive considerable state support.

30 There is a differentiated system of training promotion. Pupils at institutes of further education and vocational schools, as well as students at universities, receive assistance according to the Federal Education Promotion Act ( Bundesausbildungsförderungs- gesetz ) if the funds required for their living expenses and education are not available from other sources. The promotion of education is a key element of the equalisation of family burdens, by means of which the state aims to equalise social differences by means of a differentiated social system. Its purpose is to create equal opportunities in education and to make full use of education reserves. The obligation to create equality of opportunity is a constitutional principle laid down in the social state principle of the Basic Law.

31 A total of 806,000 pupils and students in the Federal Republic of Germany received assistance under the Federal Education Promotion Act in 2007. Euro 2.2 billion was spent on these benefits in the same year. Of this sum, Euro 697 million was accounted for by the promotion of pupils, and roughly Euro 1.49 billion by the promotion of students. Pupils received an average of Euro 301, and students Euro 375 per month.

32 The Federal Republic of Germany has no figures on net school starting rates in the primary and secondary schools. The lack of data collection is a result of the existing obligation to attend school. In order to be able to nonetheless provide an overview of the attendance rates in the general schools, the current school attendance rates in this educational sector are shown below. They are broken down as follows:

Pupils at general schools 2006/2007

School Primar Secon Types Special Interme Gramm Integra Evenin kinder y dary of schools diate ar ted g gartens schools genera school schools schools compr school Populati Age from , l with ehensi s and on on 2) ... prelimi school several ves univer 31.12.20 1) to (not nary s streams sity 06 incl.)... classes entran years ce prepar ation college s 1,000 % of the population of this age 724 0.4 – – – – – – – – (m: 371) (m: 0.5) 4 - 5 (f: 353) (f: 0.3)

741 0.9 0.5 – – – – – 0.0 – (m: 380) (m: 0.9) (m: 0.4) (m: 0.0) 5 - 6 (f: 361) (f: 0.8) (f: 0.6) (f: 0.0

774 2.1 57.4 – – 1.4 – – 0.6 – (m: 395) (m: 2.7) (m: 54.3) (m: 1.9) (m: 0.5) 6 - 7 (f: 378) (f: 1.6) (f: 60.6) (f: 1.0) (f: 0.6)

776 0.4 95.5 – – 3.2 – – 1.1 – (m: 399) (m: 0.6) (m: 94.4) (m: 4.1) (m: 1.1) 7 - 8 (f: 377) (f: 0.3) (f: 96.6) (f: 2.1) (f: 1.1)

793 – 94.8 – – 3.6 – – 1.1 – (m: 406) (m: 93.8) (m: 4.6) (m: 1.1) 8 - 9 (f: 386) (f: 95.8) (f: 2.5) (f: 1.1)

818 – 92.9 0.1 0.0 3.9 0.0 0.3 1.1 – 1 (m: 420) (m: 92.1) (m: 0.1) (m: 0.0) (m: 4.9) (m: 0.0) (m: 0.3) (m: 1.0) 9 - 0 (f: 398) (f: 93.7) (f: 0.1) (f: 0.0) (f: 2.9) (f: 0.0) (f: 0.3) (f: 1.2)

803 – 51.3 8.8 2.1 4.4 10.3 18.9 4.0 – 1 1 (m: 412) (m: 53.4) (m: 8.6) (m: 2.0) (m: 5.5) (m: 9.6) (m: 17.0) (m: 3.7) - 0 1 (f: 391) (f: 49.0) (f: 9.1) (f: 2.2) (f: 3.3) (f: 11.0) (f: 20.8) (f: 4.3)

779 – 5.5 20.5 4.8 4.8 22.4 35.5 7.7 – 1 1 (m: 399) (m: 6.3) (m: (m: 4.9) (m: 5.9) (m: 22.1) (m: 33.4) (m: 7.5) - 1 2 (f: 380) (f: 4.7) 21.5) (f: 4.7) (f: 3.7) (f: 22.7) (f: 37.6) (f: 7.9) (f: 19.5) 789 – 0.4 21.7 5.3 5.2 24.6 35.5 8.8 – 1 1 (m: 405) (m: 0.4) (m: (m: 5.5) (m: 6.3) (m: 24.1) (m: 33.0) (m: 8.7) - 2 3 (f: 384) (f: 0.3) 23.6) (f: 5.1) (f: 4.0) (f: 25.1) (f: 38.0) (f: 8.9) (f: 19.8) 822 – – 20.5 5.9 5.3 25.6 33.8 9.0 – 1 1 (m: 422) (m: (m: 6.2) (m: 6.5) (m: 24.8) (m: 31.1) (m: 9.0) - 3 4 (f: 400) 22.7) (f: 5.6) (f: 4.1) (f: 26.5) (f: 36.5) (f: 9.2) (f: 18.3) 843 – – 21.5 6.4 5.6 25.2 31.1 9.0 – 1 1 (m: 432) (m: (m: 6.7) (m: 6.9) (m: 24.3) (m: 28.3) (m: 9.0) - 4 5 (f: 411) 23.7) (f: 6.1) (f: 4.2) (f: 26.1) (f: 34.1) (f: 9.1) (f: 19.2) 877 – – 19.0 6.4 5.3 24.9 29.3 9.0 – 1 1 (m: 450) (m: (m: 6.6) (m: 6.5) (m: 24.0) (m: 26.3) (m: 9.0) - 5 6 (f: 427) 21.2) (f: 6.1) (f: 4.0) (f: 25.9) (f: 32.5) (f: 9.1) (f: 16.7)

966 – – 10.3 4.7 3.4 16.1 28.6 7.2 – 1 1 (m: 496) (m: (m: 5.1) (m: 4.1) (m: 16.1) (m: 25.2) - (m: 7.1) 6 7 (f: 470) 11.6) (f: 4.3) (f: 2.6) (f: 16.2) (f: 32.1) (f: 7.2) (f: 9.0) 957 – – 3.0 1.1 1.6 4.8 27.5 4.3 – 1 1 (m: 490) (m: 3.4) (m: 1.3) (m: 1.9) (m: 5.2) (m: 23.9) (m: 4.0) - 7 8 (f: 467) (f: 2.6) (f: 0.9) (f: 1.3) (f: 4.4) (f: 31.3) (f: 4.5)

987 – – 0.4 0.2 0.9 0.7 24.4 3.0 0.6 1 1 (m: 506) (m: 0.5) (m: 0.2) (m: 1.0) (m: 0.8) (m: 21.2) (m: 2.7) (m: 0.6) - 8 9 (f: 481) (f: 0.4) (f: 0.1) (f: 0.7) (f: 0.6) (f: 27.8) (f: 3.4) (f: 0.5)

974 – – – – 0.3 – 13.7 1.8 0.4 1 2 (m: 499) (m: 0.3) (m: 12.6) (m: 1.6) (m: 0.4) - 9 0 (f: 475) (f: 0.2) (f: 14.8) (f: 2.0) (f: 0.4)

968 – – – – 0.1 – 2.6 0.5 0.5 2 2 (m: 493) (m: 0.1) (m: 2.7) (m: 0.5) (m: 0.5) - 0 1 (f: 475) (f: 0.1) (f: 2.4) (f: 0.5) (f: 0.5)

948 – – – – 0.1 – 0.4 0.1 0.7 2 2 (m: 482) (m: 0.1) (m: 0.4) (m: 0.1) (m: 0.7) - 1 2 (f: 466) (f: 0.1) (f: 0.3) (f: 0.1) (f: 0.7)

955 – – – – – – 0.0 0.0 0.7 2 2 (m: 485) (m: 0.0) (m: 0.0) (m: 0.7) - 2 3 (f: 470) (f: 0.0 (f: 0.0) (f: 0.7)

972 – – – – – – 0.0 0.0 0.7 2 2 (m: 492) (m: 0.0) (m: 0.0) (m: 0.7) - 3 4 (f: 480) (f: 0.0 (f: 0.0 (f: 0.7)

1 005 – – – – – – – – 0.6 2 2 (m: 509) (m: 0.6) - 4 5 (f: 496) (f: 0.6)

1) incl. orientation grade regardless of type of school 2) incl. independent waldorf schools

33 23.7 percent of graduates of general schools obtained a secondary general school qualification (228,616) in the leaving year 2007. The intermediate school qualification was obtained by 40.7 percent of graduates (392,637). Entitlement to attend a Fachhochschule (higher education institution offering highly practice-related study courses of a scientific nature) was obtained by 1.5 percent (14,068), and the general qualification to attend a university was obtained by 26.8 percent of graduates (258,980). In the same period, 7.3 percent of the pupils left the secondary general school without a suitable qualification (70,547). The comparative figures of the previous years are found in the table below:

Year Leavers Graduates Graduates Graduates Graduates without with with entitled to entitled to secondary secondary intermediate attend a attend a general general school Fachhochschul university school school qualification e qualification qualification (share in percent)

(share in percent) (share in percent) (share in percent) (share in percent)

2006 7.8 24.5 41.1 1.5 25.2 2005 8.2 24.8 41.6 1.3 24.1 2004 8.3 25.0 42.6 1.2 23.0 2003 8.9 26.0 40.5 1.2 23.5

34 The ratio between teachers and pupils is broken down as to educational field and type of school. For instance, there were an average of 19.0 pupils per primary school teacher in the general schools in 2007. In the secondary general schools, it was one teacher per 13.1 pupils, in the intermediate schools 18.7 pupils and in the lower grades of grammar school an average of 17.5 pupils. Furthermore, in the upper secondary section of the grammar schools there were an average of 13.5 pupils per teacher. The following pupil-teacher ratios have emerged in previous years:

Year Primary Secondary Intermedia Grammar Grammar schools schools general te schools schools (lower (higher secondary) schools secondary) (pupils per (pupils per (pupils per teacher) teacher) (pupils per teacher) (pupils per teacher) teacher) 2006 19.4 13.5 18.9 17.8 13.5 2005 19.9 14.2 19.2 18.0 13.4 2004 20.0 14.4 19.1 17.9 13.2 2003 20.1 14.7 19.1 17.8 12.7

35 The class size in the general school sector was an average of 21.9 pupils per class in the same year under report (2007) in primary schools, and 20.6 pupils per class in secondary general schools. The average class size is somewhat larger in intermediate schools and grammar schools (lower secondary), with a value of 26.9 and 27.4 pupils, respectively, per class. The comparative data of the previous years are listed in the table below:

Primary Secondary Intermediate Grammar Grammar schools general schools schools (lower schools (supper schools secondary) secondary) 9 (pupils per class) (pupils per class) Year (pupils per class) (pupils per class) (pupils per class) 2006 22.1 20.8 27.0 27.2 - 2005 22.1 21.1 26.8 27.2 - 2004 22.0 21.4 26.8 27.0 - 2003 22.0 21.8 26.9 26.8 -

g. Literacy rate 36 As to the German population, the manifestation almost exclusively occurring in the Federal Republic of Germany is that of what is known as secondary illiteracy. This indicates that the person concerned, despite having attended school, has major difficulties in reading and writing. There are no precise data on the illiteracy rate in the Federal Republic of Germany. Borrowing from the United Nations Literacy Decade, the Federal Government has however established a focal point of promotion in the field of adult education for development tasks in research and science. The Federal Ministry of Education and Research is making a total of Euro 30 million available for literacy and fundamental training work up to 2012. h. Social security 37 No statistical data are available in the Federal Republic of Germany with regard to the proportion of the population whose food intake is below the minimum necessary amount. The same applies to the share of underweight children under the age of five. It follows, however, from the provision contained in Art. 20 para. 1 of the Basic Law that the Federal Republic of Germany is a social state, meaning that the State is obliged to create the minimum preconditions for the dignified existence for its citizens 10 . Social disadvantages in this sense are hence cushioned by a comprehensive social security system which guarantees a socio-cultural level of subsistence in all circumstances, and hence as a matter of principle prevents poverty, as well as malnutrition resulting from poverty.

9 The information on class sizes in upper secondary do not apply since the pupils are no longer divided into classes. 10 Decisions of the Federal Constitutional Court ( Entscheidungen des Bundesverfassungsgerichts – BVerfGE 82, 60, 80. 19

38 A closely-meshed system of social transfers ensures that citizens who do not have sufficient means to maintain their normal livelihood, or who are unable to finance additional costs in special circumstances, are granted benefits to secure their socio-cultural subsistence level. Those who are seeking work for instance receive basic security benefits in accordance with Book II of the Social Code ( Sozialgesetzbuch II – SGB II ). Social assistance in accordance with Book XII of the Social Code ( SGB XII ) is received by all persons in need of assistance who are not capable of earning, as well as persons in need of assistance with special financial needs. Social assistance is the lowest social network for all people who do not receive sufficient income from other sources. It primarily covers livelihood, basic security benefits in old age and in cases of reduced earning capacity, assistance for health, integration assistance for persons with disabilities, assistance for long-term care and assistance to overcome special social difficulties. The number of recipients of minimum income transfers totals roughly 8.3 million persons. This corresponds – in relation to a population of 82.2 million – to a share of a good 10 percent. Since the recipients of minimum income transfers receive an income amounting to the socio-cultural subsistence level, they are not to be designated as poor.

39 Indications of the share of the population living below the national poverty line can be indirectly deduced from the rate of those who are at risk from poverty, which was 12 percent in 2004 and 13 percent in 2005. The basis for the stated percentages is formed by the official survey entitled “ Leben in Europa ” (Life in Europe). In the calculation, in line with the concept of relative income poverty, the total population is sub-divided into a part which is at risk of poverty and a part which is not. Here the share of those at risk of poverty have at their disposal less than 60 percent of the median net equivalence income (weighted in accordance with the new OECD scale) of the total population.

40 Measured in line with gross domestic product (GDP), the Federal Republic of Germany has provided the following social protection benefits in recent years, measured in accordance with the methods of the European system of integrated social protection statistics (ESSPROS):

Social 2002 2003 2004 2005 2006 protection (share of GDP (share of GDP (share of GDP (share of GDP (share of GDP benefits in percent) in percent) in percent) in percent) in percent)

(by functions) Illness 8.4 8.5 8.1 8.1 8.0 Disability 1.8 1.8 1.8 1.8 1.7 Age 10.2 10.4 10.4 10.3 10.1 Surviving 2.4 2.4 2.3 2.2 2.1 dependants Family and 3.3 3.3 3.3 3.3 3.1 children Unemployment 2.4 2.4 2.4 2.0 1.7 Housing 0.3 0.3 0.4 0.6 0.6 Other functions 0.1 0.2 0.2 0.2 0.2 Total 29.0 29.3 28.7 28.5 27.6

41 In millions of Euros, the social protection benefits provided in recent years are broken down as follows:

Social protection 2002 2003 2004 2005 2006 benefits (in bill. Euro) (in bill. Euro) (in bill. Euro)) (in bill. Euro) (in bill. Euro)

(by functions)

Illness 181.0 183.6 178.6 182.2 186.1 Disability 38.7 39.4 39.5 39.8 39.9 Age 217.9 224.4 229.1 232.0 234.1 Surviving 51.2 51.2 50.5 50.0 49.7 dependants Family and 71.5 72.0 72.3 74.0 71.4 children Unemployment 50.9 52.9 52.6 44.8 40.5 Housing 7.1 7.3 7.8 13.6 15.0 Other functions 2.8 3.7 4.2 3.9 4.0 Total 621.2 634.7 634.4 640.3 640.6

i. Composition and consumption conduct of households 42 Average household size in the Federal Republic of Germany was 2.07 members per household in 2007. The share of lone parents among all families was 21.4 percent in the same year; among all households the share of households with a female main bread-winner was 34.0 percent. Household composition was as follows in the previous years:

Year Average household Share of lone parents Share of households with size among all families female bread-winner

among all households

(in percent) (in percent) (in persons) 2006 2.08 21.4 34.1 2005 2.11 20.5 33.7 2004 2.12 20.0 31.7 2003 2.13 19.4 31.4

43 Households’ average consumption expenditure in the last five years under report was sub- divided as follows among the areas below:

Food (not incl. alcoholic beverages, Housing Health Education tobacco) Year

(in percent) (in percent) (in percent) (in percent)

2006 13.8 / (11.9) 32.7 4.0 0.7

2005 13.4 / (11.6) 33.2 4.1 0.6

2004 13.7 / (11.9) 32.4 4.4 0.6

2003 13.9 / (12.0) 32.1 4.1 0.5

2002 13.8 / (11.9) 33.4 3.6 0.5

44 Median net equivalence income was Euro 15,617 in 2005; the Gini coefficient, which reflects the inequality of the income spread, was 27 percent.

5. Economic characteristics a. Employment 45 Related to the total population aged 15 to (not incl.) 65 years (according to the EU’s Labour Force Survey), the employment rate in the Federal Republic of Germany was 69.4 percent in 2007. An employment rate of 67.5 (2006), 66.0 (2005), 64.3 (2004) and of 64.9 percent (2003) had been recorded in the previous years.

46 The employment rate among women was 64.0 percent in 2007. It comes to note that the mothers’ employment rate in the Federal Republic of Germany depends greatly on the age of the youngest child. Whilst it was 29.8 percent among mothers of children below the age of three years, as many as 57.9 percent of mothers with children aged three up to, but not including, six years old and 64.8 percent of mothers with children aged six up to, but not including, ten years old were employed.

47 2.1 percent of all persons in gainful employment were employed in the economic sector of agriculture and forestry, as well as fishery, in the year under report 2007. Roughly one- quarter of all persons in gainful employment (25.5 percent) belonged to the economic sector of the production industries. By far the largest share was, however, recorded in the service sector. This economic sector accounted for a total of 72.4 percent of all persons in gainful employment. The following shares of persons in gainful employment emerged in the years covered by the report:

Year Agriculture and Production Service sector forestry, fishery industries (in percent)

(in percent) (in percent) 2006 2.1 25.6 72.3 2005 2.2 25.9 71.9 2004 2.2 26.4 71.3 2003 2.3 27.0 70.7

48 There are no statistical surveys of the share of trade union members among persons in gainful employment. The basic right of coalition freedom entrenched in the constitution in Art. 9 para. 3 of the Basic Law, however, grants to the individual the option to form and

participate in associations for the purpose of maintaining and supporting working and economic conditions. The basic rights constitute an obligation not only to all public legal entities, but also to private legal subjects. Trade union members hence enjoy comprehensive protection in the Federal Republic of Germany.

49 The unemployment rate related to all persons in gainful employment (according to the EU’s Labour Force Survey) was 8.4 percent in 2007, whilst it was 9.8 percent (2006), 10.7 percent (2005), 9.8 percent (2004) and 9.3 percent (2003), respectively, in the previous years. b. Economic power 50 Per capita income (national income per inhabitant) was an amount of Euro 22,210 per inhabitant in 2007. The following per capita income was reached in the Federal Republic of Germany between 2003 and 2006:

Year Per capita income

(in Euro per inhabitant) 2006 21,436 2005 20,575 2004 20,270 2003 19,385

51 The value of economic activities created in Germany reached a volume of Euro 2,422.90 billion in 2007 (gross domestic product). Hence, the annual growth rate of gross domestic product recorded an increase of 4.4 percent in a year-on-year comparison. The development of gross domestic product in the previous years was as follows:

Year Gross domestic product (GDP) Growth rate of GDP

(in billion Euro) (in percent) 2006 2,321.50 3.5 2005 2,243.20 1.5 2004 2,210.90 2.2 2003 2,163.80 1.0

52 Gross national income – previously referred to as gross national product – reached a value of Euro 2,464.19 billion in 2007. The following development in gross national income took place between 2003 and 2006:

Year Gross national income

(in billion Euro) 2006 2,362.44 2005 2,270.82 2004 2,232.08 2003 2,148.67

53 On the expenditure side, public debt amounting to Euro 1,553 billion was recorded in the year under report 2007. It includes all credit market debts and bank lendings of the overall public budget, and was broken down in the previous years as follows:

Year Debt

(in billion Euro)

2006 1,545 2005 1,490 2004 1,430 2003 1,358

54 Of this, the foreign debt of the territorial administrative authorities amounted to the values below in 2007:

Quarter Foreign debt

(in billion Euro)

2007.4 765.4 2007.3 732.9 2007.2 726.6 2007.1 698.6

55 Consumer prices (consumer price index) in Germany show an average inflation rate of 2.3 percent in comparison to 2006.

c. Public development cooperation 56 The expenditure of the Federal Republic of Germany on public development cooperation increased from Euro 6 billion in 2003 to Euro 9.64 billion in 2008. The share of public development cooperation as a part of gross national income (GNI) can be found in the table below:

2004 2005 2006 2007 2008 11 Public development cooperation 6,064.3 8,112.1 8,313.4 8,978.4 9,643.9 (in millions Euro) Bilateral 3,076.8 5,991.7 5,604.1 5,807.3 6,209.3

Multilateral 2,987.5 2,120.4 2,709.4 3,171.0 3,434.6 Share of GNI 0.28 0.36 0.36 0.37 0.38 (in percent)

57 The bilateral gross benefits were broken down from 2005 to 2007 among the following promotional areas (sectors):

Promotional area 2005 2006 2007 (sector)

in millions in millions in in millions in Euro in percent Euro percent Euro percent

Total 7,208.9 100.0 6,890.3 100.0 6,827.0 100.0 Social infrastructure and services 1,985.9 27.5 2,250.6 32.7 2,399.0 35.1 Education 985.1 13.7 1,068.2 15.5 1,027.1 15.0 of which: fundamental education 56.7 0.8 68.5 1.0 62.1 0.9 Healthcare 117.5 1.6 131.3 1.9 156.3 2.3 of which: basic healthcare 68.6 1.0 67.5 1.0 93.6 1.4 Population policy/programmes and 53.6 0.7 66.3 1.0 99.5 1.5 reproductive health Water supply and sewage/refuse disposal 304.0 4.2 272.5 4.0 302.7 4.4 State and civil society 345.1 4.8 522.9 7.6 613.1 9.0 Other social infrastructure and services 180.7 2.5 189.2 2.7 200.3 2.9

Economic infrastructure and services 550.7 7.6 838.0 12.2 961.5 14.1

11 The information on the calendar for 2008 is provisional. 26

Transport and storage 145.2 2.0 106.6 1.5 161.3 2.4 Communication 11.8 0.2 28.5 0.4 5.1 0.1 Energy generation and supply 140.1 1.9 205.2 3.0 298.3 4.4 Finance 171.4 2.4 380.9 5.5 387.4 5.7 Private economy and other services 82.2 1.1 116.8 1.7 109.4 1.6

Production areas 230.8 3.2 306.2 4.4 269.4 3.9 Agriculture and forestry, fishery 176.7 2.5 182.2 2.6 162.4 2.4 Industry, mineral resources and mining, 39.3 0.5 107.4 1.6 88.9 1.3 construction Trade policy and trade regulations, tourism 14.8 0.2 16.6 0.2 18.1 0.3

Multisectoral / cross-sectional 691.0 9.6 467.1 6.8 494.1 7.2 Environmental protection general 111.7 1.5 116.6 1.7 135.9 2.0 Women and development 7.6 0.1 - - - - Other multisectoral measures 571.7 7.9 350.4 5.1 358.1 5.2

Goods assistance and general programme 63.7 0.9 89.5 1.3 93.5 1.4 assistance General budget assistance 45.2 0.6 69.8 1.0 53.2 0.8 Development-orientated food aid/aid in 18.3 0.3 19.7 0.3 40.3 0.6 ensuring food Other goods aid 0.2 0.0 0.0 0.0 - -

Debt relief 3,175.6 44.1 2,417.0 35.1 2,187.2 32.0 Humanitarian assistance 268.8 3.7 284.7 4.1 203.6 3.0 Other 242.5 3.4 237.3 3.4 218.7 3.2 Administrative costs in the donor country 166.0 2.3 181.2 2.6 191.7 2.8 Support for non-governmental organisations 10.9 0.2 11.9 0.2 0.1 0.0 Refugee assistance in the donor country - - 14.7 0.2 10.3 0.2 Measures which cannot be attributed 65.6 0.9 29.4 0.4 16.6 0.2

6. Crime statistics and judicial characteristics a. Data from the judiciary and public security 58 For each 100,000 inhabitants in the Federal Republic of Germany in 2006 there were an average of 6.17 public prosecutors, 18.10 judges of ordinary jurisdiction, as well as 6.30 judges the of the various specialist jurisdictions. A differentiated breakdown – including for the previous years – emerges from the statistics below: 12

Relative figures 2002 2003 2004 2005 2006 (per 100,000 inhabitants) Public prosecutors 6.25 6.22 6.19 6.16 6.17 Judges of ordinary jurisdiction 18.75 18.56 18.35 18.25 18.10 Criminal judges 5.39 5.32 5.23 5.19 5.17 Other judges 13.36 13.24 13.12 13.06 12.93 Judges at specialist courts 6.56 6.44 6.32 6.31 6.30 Administrative courts 2.81 2.68 2.46 Finance courts 0.80 0.77 0.76 Labour courts 1.40 1.34 1.28 Social courts 1.55 1.53 1.79 Public prosecutors/judges total 31.55 31.22 30.86 30.71 30.56

59 The average number of non-completed cases per judge of ordinary jurisdiction at the various levels of the justice system relates to labour shares. 13 The following values were reached 2002 to 2006: 14

Instance 2002 2003 2004 2005 2006 Type of court (per labour (per labour (per labour (per labour (per labour share of 1.0) share of 1.0) share of 1.0) share of 1.0) share of 1.0) Criminal proceedings Initial instance

12 The figures for judges and public prosecutors at federal level for 2003 and 2005 come from the respective previous years. For specialist courts in total, the median value from the previous and following years is presumed since these data are only available every two years. 13 This information does not relate to numbers of individuals, but to “labour shares”. A labour share of 1.0 can for instance be composed of one full-time worker or of two part-time workers, each of whom are counted with a labour share of 0.5. 14 Negative values result from the fact that more sets of proceedings (including those from previous years) were concluded than new ones became pending. 28

Local courts 143.4 145.1 147.7 140.7 136.5 Regional courts 6.1 6.2 7.2 7.5 7.2 Higher regional courts 0.4 0.4 0.2 0.4 0.4 Appeals Regional courts 40.3 41.4 55.3 58.0 56.9 Higher regional courts 11.1 12.6 12.4 18.1 17.1 Fine proceedings Initial instance Local courts 207.8 239.7 248.6 248.0 232.9 Appeals Higher regional courts 5.5 6.5 5.8 10.4 10.0

Instance 2002 2003 2004 2005 2006 Type of court (per labour (per labour (per labour (per labour (per labour share of 1.0) share of 1.0) share of 1.0) share of 1.0) share of 1.0) Civil cases Initial instance Local courts 274.0 280.3 270.9 250.6 246.9 Regional courts 123.5 127.6 136.0 133.5 126.0 Appeals Regional courts 73.0 73.1 77.9 82.8 81.4 Higher regional courts 37.9 34.1 33.8 34.7 34.6 Family cases Initial instance Local courts 336.9 331.6 311.4 293.1 297.5 Appeals Higher regional courts 44.7 45.4 43.6 43.0 32.7

Commercial cases Initial instance Regional courts 119.4 121.2 118.4 118.4 113.7

60 There is no information as to how many victims received compensation as a result of a court ruling. The statistical surveys also do not cover the share of respondents and detainees requesting legal aid.

61 411,845 labour shares were employed in the entire sector of public security and order on 30 June 2007. Among them, the area of police tasks, which includes the Federal Police, accounted for a total of 298,063 labour shares.

62 The share of expenditure by the public budgets for the task areas of public security and order, as well as for legal protection, are contained in the table below. The information on public security and order here shows expenditure on the police of the Federation and the Länder separately. The information listed for legal protection primarily covers the court system and the prisons.

Expenditure of public 2002 2003 2004 2005 2006 budgets (in millions (in millions (in millions (in millions (in millions (by task area) Euro) Euro) Euro) Euro) Euro)

Total 992,688 1,003,307 993,125 1,002,244 1,004,943

Public security and 21,369 21,274 21,310 21,408 21,909 order of which: Federal 13,939 13,902 13,874 14,004 14,173 Police/police

Legal protection 10,733 10,867 11,082 11,311 11,329

b. Crime statistics data 63 The crime statistics data below are not broken down by the individual offences of the Criminal Code ( Strafgesetzbuch ), but the main types of crime are summarised according to the respective type of punishment.

64 The following table provides an overview of how many criminal offences came to notice in 2006 at all and were solved:

Criminal Solved Type of criminal offences coming criminal Solving rate offence/criminal provision to notice offences (in percent) (No.) (No.) Crimes against sexual self- determination (total) 52,231 41,032 78.6 (sections 174-184b of the

Criminal Code) of which: Sexual abuse of children (sections 176, 176a and 176b of 12,765 10,459 81.9 the Criminal Code) Rape, sexual coercion (section 177 subs. 2-4 and 8,118 6,726 82.9 section 178 of the Criminal Code) Murder and manslaughter (sections 211-213 of the Criminal 2,468 2,356 95.5 Code) Dangerous and grievous bodily injury 150,874 125,538 83.2 (sections 224, 226 and 231 of the Criminal Code) Serious and simple theft (sections 242-244a, 247 and 248a 2,601,902 771,734 29.7 of the Criminal Code) Robbery and blackmail, assault on a motor vehicle driver resembling robbery 53,696 27,637 51.5 (sections 249-252, 255 and 316a of the Criminal Code) Crimes against the environment (sections 324-330a of the Criminal 17,305 10,023 57.9 Code) Offences acc. to Narcotics Act 255,019 241,390 94.7 Total 6,304,223 3,492,933 55.4

65 The convictions handed down in the Federal Republic of Germany between 2002 and 2006 on the basis of the criminal offences listed are the subject-matter of the table below. It relates to criminal offences of both the Criminal Code and the Narcotics Act ( BtMG ). The information covers German and foreign offenders.

Type of criminal offence/criminal 2002 2003 2004 2005 2006 provision Criminal offences against the State, public order and in office (sections 80-168 and 331-357 20.618 20.251 21.620 22.305 22.261 of the Criminal Code, not incl. section 142 of the Criminal Code) Criminal offences against sexual self-determination (total) 6.770 7.333 7.900 7.882 7.485 (sections 174-184b of the Criminal Code)

of which: Sexual abuse of children (sections 176, 176a and 176b 2,294 2,401 2,437 2,331 2,149 of the Criminal Code) Rape (section 177 subs. 2 No. 1 of 824 853 862 837 835 the Criminal Code) Other criminal offences against persons (total) 88,198 90,680 98,642 103,299 105,140 (sections 169-173 and 185- 241a of the Criminal Code) Breach of maintenance obligations 4,260 4,509 4,306 3,942 3,256 (section 170 of the Criminal Code) Murder and manslaughter (sections 211-213 of the 613 641 647 595 566 Criminal Code) Bodily injury (section 223 of the Criminal 32,287 34,055 37,629 40,371 41,077 Code) Dangerous and grievous bodily injury 21,358 22,700 23,728 24,936 26,986 (sections 224 subs. 1, 226 and 227 of the Criminal Code) Theft and misappropriation (total) 149,139 149,374 151,368 144,107 134,914 (sections 242-248c of the Criminal Code) Theft (section 242 of the Criminal 117,608 117,917 118,250 111,471 103,095 Code) Serious theft (sections 243, 244 and 244a of 23,034 22,693 23,980 23,673 22,975 the Criminal Code) Robbery and blackmail, assault on a motor vehicle driver resembling robbery 9,535 9,514 10,187 9,843 9,760 (sections 249-256 and 316a of the Criminal Code) Other property crimes (total) (sections 257-305a of the 138,320 152,493 176,003 194,028 187,832 Criminal Code) Fraud (section 263 of the Criminal 59,376 65,810 82,722 95,191 91,448 Code) Falsification of documents (sections 267 and 271-273 of 18,400 18,557 19,462 19,499 17,915 the Criminal Code) Crimes causing a public danger, including 8,622 7,903 7,547 6,750 6,123 environmental crimes (sections 306-330a or 316a of

the Criminal Code) Criminal Code (total of listed 421,202 437,548 473,267 488,214 473,515 criminal offences) Narcotics Act (total) 45,598 46,676 49,739 51,472 52,165

66 It should be noted that criminal offences related to the mutilation of female genitals do not constitute relevant phenomena in the Federal Republic of Germany, and are hence not separately covered in the crime statistics. The same applies to honour crimes and acid attacks. c. Prison data 67 64,700 criminal convicts and persons in preventive detention were in the State’s care on 31 March 2007. The reason for their criminal detention or preventive detention can be taken from the table below:

Type of criminal offence Number of criminal convicts and persons in preventive detention

Total Male Female Criminal offences against the State, public order and in office (sections 80-168 and 331-357 of 1,217 1,150 67 the Criminal Code, not incl. section 142 of the Criminal Code) Criminal offences against sexual self-determination 4,997 4,955 42 (sections 174-184b of the Criminal Code) Insult (sections 185-189 of the Criminal 239 227 12 Code) Criminal offences against life (sections 211-222 of the Criminal 4,543 4,286 257 Code) Criminal offences against physical integrity 7,525 7,299 226 (sections 223-231 of the Criminal Code) Criminal offences against personal freedom 727 712 15 (sections 232-241a of the Criminal Code) Other criminal offences against individuals 344 336 8 (sections 169-173 and 201-206 of

the Criminal Code)

Theft and misappropriation (sections 242-248c of the 13,523 12,633 890 Criminal Code) Robbery and blackmail, assault on a motor vehicle driver resembling robbery 8,063 7,850 213 (sections 249-255 and 316a of the Criminal Code) Aiding the perpetration of a crime and receivership 368 362 6 (sections 257-261) Fraud and breach of trust (section 263-266b of the Criminal 6,926 6,174 752 Code) Falsification of documents (sections 267-281 of the Criminal 1,322 1,188 134 Code) Other criminal offences against property 342 330 12 (sections 283-305a of the Criminal Code) Crimes causing a public danger (sections 306-323c and 316a of 706 679 27 the Criminal Code) Crimes against the environment 18 17 1 (sections 324-330a of the Criminal Code)

Criminal offences in traffic 3,099 3,022 77

Offences acc. to Narcotics Act 9,665 9,077 588

Other criminal offences 10,668 10,032 636

68 The duration of the individual detention sentences was spread as follows as on the same key day:

Age group Likely duration of criminal detention Juveniles Adolescents Adults (14 but not yet 18) (18 but not yet 21) (from 21) total male female total male female total male female

less than 1 month - - - 20 17 3 988 910 78

1-3 months 1 1 - 41 36 5 5,645 5,148 497

3-6 months 30 28 2 142 126 16 8,542 7,934 608

6-9 months 66 59 7 250 229 21 5,812 5,478 334

9-12 months 115 104 11 437 413 24 5,068 4,807 261

1-2 years 341 327 14 1,420 1,362 58 10,702 10,235 467

2-5 years 215 212 3 1,183 1,153 30 15,090 14,445 645

5-10 years 12 10 2 72 70 2 5,173 5,015 158

10-15 years ------935 907 28

Life - - - 1 1 - 1,972 1,870 102

69 The numbers of deaths in detention can be taken from the table below – differentiated by cause of death:

Year Deaths total of which Accident Suicide

2007 173 3 72 2006 163 2 76 2005 159 1 82 2004 161 1 81 2003 150 1 80

70 No executions take place in the Federal Republic of Germany. Art. 102 of the Basic Law explicitly states that the death penalty is abolished.

71 No data are collected on the maximum or average duration of remand detention.

7. Other characteristics a. Media access among the population 72 Television, radio, printed media and the Internet are a sine qua non of society, and are indispensable for democracy in Germany. Blanket coverage with media services is guaranteed. Persons who do not have their own Internet connection are able to obtain for themselves cheap, or even free, access to the desired information in Internet cafés or public libraries. Data regarding access by the population to the most important media, namely to the electronic media, as well as printed and audio media, are not covered in Germany’s official statistics. However, the Federal Government regularly comprehensively reports to the German Federal Parliament on the situation and the development of the media in Germany. The most recent Media and Communication Report of the Federal Government was published in December 2008, and is available at www.kulturstaatsminister.de . It also contains a large section about the media in Germany from data that are generally available. b. Non-governmental organisations 73 No official statistical data are collected regarding the number of non-governmental organisations headquartered in the Federal Republic of Germany.

II. The constitutional, political and legal system

74 The Basic Law of 23 May 1949 continues to be the Constitution of the Federal Republic of Germany also after the achievement of German unity. Since reunification, completed in 1990, there have been a number of constitutional amendments, two of which should be emphasised here: Particular significance attaches first and foremost to the constitutional reform of 1994, which largely devoted itself to the questions arising in connection with German unity. The constitutional reform of 2006 served to modernise the federal order of the Basic Law. Both reforms led all in all to a strengthening of the legislative competences of the Länder .

75 The political framework for action and organisation of the State is determined by the Basic Law via, on the one hand, the basic rights and, on the other hand, through the constitutional law governing the organisation. The main principles of the Basic Law governing state structure include the republican principle, the principle of democracy, the federal state principle, the rule-of-law principle and the social state principle, which has already been mentioned.

1. The state form of the republic

76 The state structural principle entrenched in Art. 20 para. 1 and Art. 79 para. 3 of the Basic Law unmistakeably rejects the state form of monarchy. A monarch as the head of state is not permissible. The head of state is elected.

2. Head of state and the state leadership

77 The head of state and the highest representative of the Federal Republic of Germany is the Federal President. He is elected by the Federal Assembly, which is convened in each case only for this election, and is made up of members of the Federal Parliament and an equal number of members elected by the Land parliaments.. The Federal Assembly does not have any other tasks. The period of office of the Federal President is five years, and re- election is only possible once.

78 The constitutional powers of the Federal President are largely representative and integrative in nature. The Federal President represents the Federal Republic of Germany at home and abroad, signs the federal laws and proclaims them, appoints and dismisses the Federal Chancellor, federal ministers, federal judges, federal civil servants and officers and non-commissioned officers of the Federal Armed Forces. Over and above this, he has several extraordinary competences to which he is entitled in certain crisis situations. For instance, the Federal President in particular has the power to dissolve the German Federal Parliament under certain preconditions and to declare a legislative state of emergency.

79 In terms of policy contents, however, the state leadership lies with the Federal Government, which is formed by the Federal Chancellor – currently by Federal Chancellor Angela Merkel – and the Federal Ministers. The Federal Chancellor determines policy direction and bears the responsibility for it. He/she is the only member of the Government who is elected by the Federal Parliament, and can, where appropriate, also be removed by a vote of no confidence. The Federal Ministers, by contrast, are nominated or dismissed by the Federal President at the proposal of the Federal Chancellor. A vote of no confidence against one or more Federal Ministers is not possible.

3. Federal state principle

80 The Federal Republic of Germany is a federal state consisting of 16 Länder : Baden- Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg- 37

Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, the Saarland, Saxony, Saxony-Anhalt and Thuringia.

81 The Länder are members of the Federation, and as such play the role of States. This means that they have their own constitutions, parliaments and governments. Under certain preconditions, they are even entitled to conclude international agreements with foreign states. The constitutional spheres of the Federation and the Länder are hence equivalent. Art. 28 para. 1 sentence 1 of the Basic Law states, however, that the constitutional system in the Länder must correspond to the fundamental principles of the republican, democratic and social state based on the rule of law within the meaning of the Basic Law. This so-called homogeneity principle ensures that the same constitutional principles apply in the Federation and the Länder .

82 In line with the character of a federal state, the Basic Law breaks down the state competences between the Federation and the Länder . For instance, the Basic Law contains comprehensive lists of competences with regard to those areas where the Federation is allowed to pass legislation. If the Basic Law does not grant legislative competence to the Federation, the Länder have legislative competence. They may therefore in particular regulate by law on culture (schools, sections of higher education, radio and television), communal self-administration and the police, and since the constitutional reform of 2006 also prison law. The constitutional practice of recent decades shows that the perception of the legislative competences is concentrated on the Federation. In the administration of justice and the implementation of statutes, the emphasis is, however, clearly on the Länder . The federal model thus lives on the tension between a unitarian tendency on the one hand and a federal tendency on the other.

83 In the final analysis, the federal principle combines a decentralised state structure with a vertical division of powers, which supplements the classical division between legislative, executive and judicial powers. By dividing legislative, executive and judicial competences between the Federation and the Länder , independent areas of competence, and thus of responsibility, are created.

4. Municipalities and associations of municipalities

84 Municipalities and associations of municipalities (counties, association municipalities,

associations of towns and the surrounding area) are part of the Länder in accordance with the Basic Law. They form the lowest level of general public administration, and they are self-governing bodies. Municipal self-government is guaranteed as an institution in the Basic Law (cf. Art. 28 para. 1 of the Basic Law). Self-government comprises a cluster of sovereign rights including territorial, personnel, financial, planning, organisational and legislative sovereignty. Municipalities and associations of municipalities are subject to state supervision, which in matters of self-government is however limited to supervision on points of law.

5. Democracy and the electoral system

85 A further major characteristic of the state structure is democracy. All state power in the Federal Republic of Germany is exercised by the people. In accordance with the Basic Law, the resulting constitutional structural option for a democratic state is structured in the shape of representative and parliamentary democracy. The people hence exercises state power primarily through elections by forming representative organs in the Federation, Länder and local authorities and giving them legitimacy to exert the State’s power in its name. Outside elections, participation by the people in state policy-making at federal level is only provided for in absolute terms in cases of a reorganisation of the Länder (Art. 29 of the Basic Law) (referendum, petition for a referendum). Other forms and cases of direct democracy are theoretically conceivable, but do not exist in practice. They are however practiced to differing degrees in the Länder and at local level. a. Political parties 86 In accordance with the Basic Law, the parties are constitutionally necessary tools for the political opinion-forming of the people, and they are raised to the status of a constitutional institution. They form the links between citizens and the State, but are outside the organised state structure. The parties are independent factors of constitutional life and carry out their activities not only in elections at federal level to the German Federal Parliament or to the European Parliament, but also in elections to the popular representations of the Länder and the local authorities.

87 The free formation of parties is constitutionally guaranteed. Their formation does not require state approval or another state act of recognition. Also the free activity of the parties is guaranteed by the Basic Law. The parties decide freely, in the framework of the general

statues, as regards the legal form, name, internal organisation, manifesto and activities of party work. However, a party must adhere to certain regulations. In constitutional terms, the internal order of the party must correspond to fundamental democratic principles. In accordance with the Parties Act ( Parteiengesetz ), the political goals of the party are to be set out in a written manifesto and regulations adopted in statutes regarding its internal organisation.

88 The statutes and the manifesto, as well as the name of the members of the board, are to be submitted to the federal returning officer, who keeps these documents ready for inspection for everyone in the interest of the publicity of the circumstances in the parties. The number of the parties developed as follows in the period under report:

Year No. of parties

(documents deposited with the federal returning officer) 2007 109

2006 111

2005 103

2004 95

2003 90

89 As associations of citizens, parties are initially financed by subscriptions and donations. On the other hand, by carrying out the tasks entrusted to them by the Basic Law and the Parties Act, they make a contribution to the functioning of the state system, by which they incur considerable costs. The Parties Act hence also contains provisions on partial state funding for the parties, the amount of which depends on how deeply they are rooted in society, in other words on election results, as well as on revenue from donations and members’ contributions.

90 Parties that in terms of their goals or by the conduct of their members aim to impair or eliminate the free democratic fundamental system of the Federal Republic of Germany or to endanger the existence of the Federal Republic are unconstitutional. The finding of unconstitutionality – which has been used twice in the history of the Federal Republic of Germany – and of the concomitant prohibition of a party is incumbent solely on the Federal

Constitutional Court. The NPD banning procedure, which was initiated in 2001 by the Federal Government, the Federal Parliament and the Federal Council ( Bundesrat ), was discontinued in 2003 for procedural reasons without a ruling on the merits. b. Election and tasks of the German Federal Parliament 91 At federal level, the Members of the German Bundestag , the Parliament of the Federal Republic of Germany, are elected in general, direct, free, equal and secret elections. These principles of electoral law, which are entrenched in the constitution (Art. 38 of the Basic Law), also apply to elections in the Länder and municipalities.

92 The Members are representatives of the whole people, are not bound by mandates and instructions and are subject only to their consciences. Accordingly, an elected Member does not lose his/her mandate if he/she leaves the party for which he/she was elected or changes to another party. The popular representation has comprehensive legislative rights and monitors the Government. Furthermore, the German Federal Parliament elects the Federal Chancellor, and participates in the election of the Federal President, as well as in the election of the judges of the Federal Constitutional Court. The decision-making principle in the German Federal Parliament is the majority principle.

93 All elections in Germany are implemented in the context of the timeframe provided by the constitution and by statute. The legislative period at federal level as a rule takes four years unless – as was the case in 2005 – it is terminated early by new elections. On the basis of the elections to the 16th German Federal Parliament in 2005, the seats in the German Federal Parliament were distributed as follows among the parties:

Party No. of seats

Social Democratic Party of Germany (Sozialdemokratische Partei Deutschlands - 222 SPD)

Christian Democratic Union of Germany (Christliche Demokratische Union Deutschlands 180 - CDU)

Christian Social Union in Bavaria (Christliche 46

Soziale Union in Bayern e.V.- CSU)

Alliance 90/Greens (Bündnis 90/DIE GRÜNEN 51 - Grüne)

Free Democratic Party (Freie Demokratische 61 Partei - F.D.P.)

The Linke (DIE LINKE) 54

94 With regard to the distribution of seats listed here, it should be noted that only the lists of parties are taken into account in distributing the seats that received at least 5 per cent of all second votes cast in the election area or have received at least three constituency mandates directly. Parties that remain below these thresholds are not represented in parliament in principle. This is intended to counteract party splitting, which could endanger the scope for action and the stability of Parliament and endanger the Government, as occurred during the Weimar Republic.

95 The share of women in the current 16th German Federal Parliament is 32.0 percent, and hence fell slightly in comparison to the share of women in the 15th German Federal Parliament – which was 32.5 percent. It should be noted in this respect that almost all the parties represented in the German Federal Parliament have imposed internal quota or quora regulations for equal participation of women. In an EU-wide comparison, the share of women in the German Federal Parliament and in the Federal Cabinet is far above average.

c. Suffrage 96 The people, in which state power is vested, is formed by German nationals in accordance with the Basic Law. The share of those with suffrage who have German nationality as against the German population and the total population in the elections at federal level has developed as follows in the period under report:

Share of those with suffrage Year (in percent) among the German population among the total population 2007 82.86 74.59 2006 82.62 74.83 2005 82.33 75.05 2004 82.08 75.33 2003 81.87 75.55

97 There are two important exceptions to the fundamental principle that only German nationals are eligible to vote, which are made on the basis of the requirements of the Treaty Establishing the European Community and of the secondary Community law that is based on this. In elections to the European Parliament and in elections at local level, nationals of the other Member States of the European Community who have a place of residence in the Federal Republic of Germany, or otherwise are habitually resident there, may also vote and be elected. On this basis, in the 2004 European elections out of 1,964,883 foreign Union citizens (as per: 31 December 2003) of voting age, 133,465 persons were entered in a voting registry. This corresponds to a share of approx. 6.8 percent of all eligible Union citizens in Germany. d. Turnout 98 Despite a slightly downward trend in the last two elections, the turnout in the Federal Parliament elections remains at a high level. In the elections to the 16th German Federal Parliament in 2005, 77.7 percent of all those entitled to vote took part in the elections. This was 1.4 percentage points fewer than in the elections to the 15th German Federal Parliament in 2002.

99 Turnout at the elections to the Parliaments of the Länder averaged 58.0 percent in the same period under report. A turnout of 51.1 percentage points was achieved with the elections to the local representative bodies. The details are contained in the table below:

Turnout with Land Parliament and local elections

Land Turnout Land Turnout Parliament election Local elections

(year of the most recent election) (year of the most recent election) Baden-Württemberg 53.4 % (2006) 53.0 % (2004)

Bayern 57.9 % (2008) 59.5 % (2008)

Berlin 58.0 % (2006) 55.8 % (2006)

Brandenburg 56.4 % (2004) 46.3 % (2003)

Bremen 57.5 % (2007) 56.1 % (2007)

Hamburg 63.5 % (2008) 50.3 % (2008)

Hesse 61.0 % (2009) 45.8 % (2006)

Mecklenburg-Western 59.1 % (2006) 44.9 % (2004) Pomerania

Lower Saxony 57.1 % (2008) 52.2 % (2006)

North Rhine-Westphalia 63.0 % (2005) 54.4 % (2004)

Rhineland-Palatinate 58.2 % (2006) 57.8 % (2004)

Saarland 55.5 % (2004) 56.4 % (2004)

Saxony 59.6 % (2004) 48.7 % (2004)

Saxony-Anhalt 44.4 % (2006) 36.4 % (2007)

Schleswig-Holstein 66.5 % (2005) 49.5 % (2008)

Thuringia 53.8 % (2004) 50.6 % (2004)

e. Proceedings regarding the scrutiny of an election 100 The validity of an election is ruled on by means of the scrutiny of the election. In Federal Parliament elections, this scrutiny is incumbent on the German Federal Parliament itself, after a preliminary review has been performed by an election scrutiny committee. A

complaint to the Federal Constitutional Court is admissible against a ruling by the Federal Parliament.

101 A total of 195 objections were received in the German Federal Parliament after the 2005 Federal Parliament elections. In accordance with the recommendations for a resolution of the election scrutiny committee, the German Federal Parliament either discontinued the proceedings or rejected the objections as inadmissible or manifestly ill-founded. A total of 19 complaints to the Federal Constitutional Court were filed against this by objecting parties.

6. The Federal Council

102 Another important constitutional body is the Federal Council, via which the Länder participate in the legislation of the Federation. The Federal Council consists of members of the Land governments who are bound by instructions. It takes resolutions with a majority of votes. The number of votes to which a Land is entitled in the Federal Council is in line with the number of inhabitants of the Land in question. As to the member states’ contribution to the legislative procedure of the Federation, a distinction is to be made between so-called objection and approval statutes. The positive approval of the Federal Council is necessary for an approval statue to come into being. If an objection statute is to be dealt with, the Federal Council may submit an objection to the planned statute, but the Federal Parliament may reject it. Over and above this, it is the task of the Federal Council to contribute towards the administration of the Federation (in particular by approving legal ordinances) and to contribute in matters related to the European Union.

7. The principle of the rule of law

103 The rule-of-law state structure principle requires a division of powers and binds all state powers to law and order, and in particular to the basic rights. Executive power and jurisdiction are bound by legal provisions of all kinds, including unwritten law. The legal provisions take precedence over all other state acts. A special form of this priority of the law is constituted by the principle of the precedence of the constitution, in accordance with which no state act may contradict the constitution. The legislature itself is also bound by the constitution.

104 Judicial independence, the guarantee of court legal protection against rights violations by public powers for all and the establishment of constitutional jurisdiction are particular manifestations of the principle of the rule of law, and are separately regulated in the Basic Law. Additionally, the constitutional principles of legal certainty and of the so-called provision of legality, in accordance with which the rights of the individual citizen may only be encroached upon by the state administration on the basis of statutes, as well as the principle of proportionality, are among the content guarantees of the principle of the rule of law.

8. Jurisdiction and the Federal Constitutional Court

105 In the rule-of-law system of the division of powers, the judicial power has received especially strong status through the Basic Law. It is entrusted to judges who are independent and only subject to the law. Judges can be neither removed nor transferred during their period of office. Judicial power is broken down into ordinary jurisdiction (civil and criminal jurisdiction), as well as into four specialist jurisdictions: labour jurisdiction, general administrative jurisdiction, social jurisdiction and finance jurisdiction. Ordinary jurisdiction is largely structured in a three-tiered arrangement among the Federation and the Länder . There are as a rule two instances within specialist jurisdiction at Land level. The third, supreme instance of the federal courts is added at federal level.

106 In addition to the jurisdictions that have already been named, there is the Federal Patent Court, as well as the organs of disciplinary and professional jurisdiction. The latter hear mainly breaches of duty which someone has carried out in their capacity as a civil servant, judge or soldier or in connection with his/her affiliation to a statutory-regulated profession (for instance as a lawyer, tax advisor, auditor, architect, physician, veterinarian or chemist).

107 A very special role is finally carried out by constitutional jurisdiction. It is exercised at federal level by the Federal Constitutional Court, and at Land level by the Land Constitutional Courts. Constitutional jurisdiction is outside the system of instances of the specialist jurisdictions, and only deals with violations of specific constitutional law.

108 The Federal Constitutional Court consists of two Senates of eight judges each. The period of office of the judges is twelve years, but it lasts at most until the age limit of 68 has been

reached. Re-election is not possible. One-half of the judges of each Senate are elected by the German Federal Parliament and one-half by the Federal Council.

109 The Federal Constitutional Court only acts if it is called upon. It performs its tasks as the supreme guardian of the constitution in different ways. It monitors the legislature as to whether in handing down the statutes it has acted in accordance with the provisions of the Basic Law in formal and material terms. By means of a constitutional complaint, which anyone may lodge asserting that their basic rights have been violated, it also monitors authorities and courts as to whether they have complied with the constitution in their measures and decisions. Over and above this, the court arbitrates in disputes between the supreme state bodies and rules in proceedings between the Federation and the Länder . Furthermore, it finds for instance on the validity of Federal Parliament elections, on the constitutionality of political parties and on the forfeiture of basic rights.

9. The social state principle

110 A further major pillar of German constitutional law is formed by the social state principle. It obliges the State to carry out social policy and welfare activity, and to bring about social justice. The principle primarily addresses Parliament, which has the obligation to ensure freedom from need, an existence worthy of human beings and suitable participation in the general prosperity. The guiding principle is to compensate for social differences and resolve conflicts, to structure society via state planning, to ensure the provision of services for the public and economic growth, as well as progress in prosperity. However, the principle of the social state is not intended to do away with all inequalities, nor does it contain any general obligation to maintain the status quo. Its primary aim is, rather, to deal with situations of social need and disadvantage, such as those caused by illness, age, disability, unemployment and other disadvantageous circumstances.

111 The inclusion of this principle in the Basic Law constitutes a decision to guarantee the social human rights by means of a mandate to parliament regarding political structure. The social state principle does not compete with the other four structural principles, but rather the principles are structured in such a way as to supplement and limit each other.

10. The fiscal administration

112 In order to guarantee the financial independence of the Federation and the Länder , and hence to guarantee that it carries out tasks on its own responsibility, the Basic Law ensures that they are provided with sufficient funds. The constitution therefore governs what taxes the Federation, the Länder or both together are entitled to (Art. 105 para. 3 and Art. 106 of the Basic Law). The Federation and the Länder jointly receive income tax, corporate income tax and turnover (value added) tax, which make up about 70 per cent of all taxes levied. The Federation alone has the right to most excise duties (such as mineral oil tax, tobacco tax and coffee tax). The Länder alone receive, inter alia: revenue from gift/inheritance tax, land acquisition tax and beer tax. The local authorities keep for themselves revenue from trade tax, land tax and other local authority taxes such as revenue from dog licences. They are also entitled to a portion of the income and turnover tax gathered. The local authorities also receive a share of the Länder revenue from the combined taxes and the other Länder taxes in accordance with the relevant legislation. The Federation and the Länder are given a share of the trade tax.

113 Over and above this distribution of the sources of tax, and as a result of the solidarity existing between the Federation and the Länder , the Basic Law sets the stage for a redistribution of the income made in the entire federal territory to give rise to equivalent living conditions. This means, for instance, that those Länder which have little tax revenue of their own are enabled to carry out their tasks. To this end, the Basic Law facilitates two special regulatory systems: the horizontal financial equalisation between the Länder with stronger and weaker financial situations on the one hand, and supplemental federal allocations to less financially solid Länder (Art. 107 of the Basic Law) on the other. Accordingly, the differences in financial strength remaining after the distribution of fiscal income between the Länder are suitably compensated for.

11. Law on the state Church

114 Another element of constitutional law is the public law on churches, which largely has as its subject-matter guaranteeing freedom of religion, the separation of the Church and the State and the Church’s self-determination right.

115 The constitutional basis for guaranteeing individual and collective freedom of faith can be found in Art. 4 paras. 1 and 2 of the Basic Law. Accordingly, individual freedom of religion 48

encompasses the freedom to form a faith or belief and to act in accordance with its requirements, as well as the freedom to reject a religious or philosophical conviction. In contradistinction to this, collective freedom of religion entails the freedom rights of a religious community.

116 The separation of the Church and the State is manifested in the Basic Law, in particular in the prohibition of all legal forms of state church, cf. Art. 140 of the Basic Law and Art. 137 para. 1 of the Weimar Reich Constitution ( WRV ). The fundamental principle of the separation of the State and the Church however experiences several caesuras, which are reflected, for instance, in the reference to God contained in the Preamble or in the provisions on religious instruction in public schools (Art. 7 para. 3 of the Basic Law). In each case, however, the State is obliged to observe philosophical neutrality with regard to the religious communities. Parallel to this, the Churches’ self-determination right, which is derived from Art. 140 of the Basic Law and Art. 137 para. 3 of the Weimar Reich Constitution, guarantees the Churches the power to govern their own matters independently and free of state influence. Their own matters include for instance questions of organisation, membership, levying of contributions and fees or indeed the structure of their service circumstances.

12. Recognition of non-governmental organisations

117 Non-governmental organisations do not require state approval in the Federal Republic of Germany, but they are subject to the provisions of general law on associations. They are granted charitable status on the basis of section 52 subs. 1 sentence 1 of the Tax Code (Abgabenordnung ). Accordingly, a corporation is considered to be charitable if its activity aims to promote the public in a selfless manner in a material, intellectual or moral field.

13. Membership of the European Union

118 Germany is a member of the European Union (EU), established by the Treaty on European Union. The EU presently consists of 27 Member States. In line with the three- pillar model, it forms the common roof for the three pillars of the alliance of states, including, firstly, the European Communities established by separate treaties, i.e. the EC (European Community) and the EAEC (European Atomic Energy Community), secondly, the common foreign and security policy and, thirdly, police and judicial cooperation in criminal matters. The EC has its own organs (the European Parliament,

the Council and the Commission) with various legislative powers. The EC Treaty authorises the passing of legal acts, especially in the form of regulations and directives in many fields. Regulations – like, in principle, the Treaties – are directly applicable in the Member States, while directives have to be transposed into national law. The Treaties establishing the European Communities, as well as the provisions passed on the basis of the Treaties, take precedence over the national law of the Member States. The Court of Justice of the European Communities (ECJ) ensures observance of Community law.

119 The law applicable in Germany is also largely influenced by European Community law. Parliament is obliged to properly transpose the directives into German law. It cannot pass any national law that would be in conflict with Community law. This is monitored by the Commission, which may initiate proceedings before the ECJ for violation of a treaty. The German courts have to apply directly-applicable Community law in their decisions, and they have to interpret German law in conformity with Community law. In cases of doubt they are entitled and partly even obliged to obtain a binding interpretation from the ECJ. The German executive has to enforce directly-applicable Community law as the European Community enforces Community law itself only as an exception, enforcement by the Member States being the rule.

14. Basic rights in the European Union

120 The protection of basic rights is embodied in the following general clause in Article 6 (2) of the EU Treaty: "The Union shall respect basic rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law”. To the extent that the Federal Republic of Germany has transferred sovereign power to the European Community, the protection of basic rights is largely safeguarded by the rulings of the ECJ. On 7 December 2000, as well as on 12 December 2007, after approval by the European Council, the European Parliament, the Council and the Commission solemnly proclaimed the Charter of Basic Rights of the European Union which, in 54 articles, regulates basic rights in the European Union. When the Treaty of Lisbon amending the Treaty on European Union enters into force, the rights, freedoms and principles regulated in 54 articles of the Charter will become legally binding in accordance

with Art. 6 of the EU Treaty. It will then apply to the bodies and facilities of the Union. It will apply to the Member States exclusively on implementing the law of the Union.

B. General framework for the protection and promotion of basic rights in the Federal Republic of Germany

I. Acceptance and ratification of international and regional human right agreements

1. Fundamental international human right agreements a. The state of ratification 121 The Federal Republic of Germany has ratified the following fundamental international agreements and protocols involving human rights aspects: ••• International Convention of 1966 on the Elimination of All Forms of Racial Discrimination (including the amendment of Article 8 of the International Convention of 1966 on the Elimination of All Forms of Racial Discrimination) ••• International Covenant of 1966 on Civil and Political Rights ••• Optional Protocol of 1966 to the International Covenant on Civil and Political Rights, on communications from individuals ••• Second Optional Protocol of 1989 to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty ••• International Covenant of 1966 on Economic, Social and Cultural Rights ••• Convention of 1979 on the Elimination of All Forms of Discrimination against Women (including amendment of Article 20, para. 1 of the Convention on the Elimination of All Forms of Discrimination against Women) ••• Optional Protocol of 1999 to the Convention on the Elimination of All Forms of Discrimination against Women, regarding complaints by individuals and investigation procedures ••• Convention of 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (including amendment Article 17 para. 7 and 18 para. 5 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) ••• Optional Protocol of 2002 to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, regarding regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty

••• Convention of 1989 on the Rights of the Child (including amendment of Article 43 para. 2 of the Convention on the Rights of the Child) ••• Optional Protocol of 2000 to the Convention on the Rights of the Child on the involvement of children in armed conflict ••• Optional Protocol of 2000 to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography ••• Convention of 2006 on the Rights of Persons with Disabilities ••• Optional Protocol of 2006 to the Convention on the Rights of Persons with Disabilities

122 The Federal Republic of Germany has not ratified the International Convention of 1990 on the Protection of the Rights of All Migrant Workers and Members of Their Families. Signing and ratification are also not considered to be indicated. The reasons for this were expressed at that time on acceptance of the Convention at the UN General Assembly in a declaration, and continue to apply: The fundamental basic rights are already deposited in the International Covenant on Civil and Political Rights and in the International Covenant on Economic, Social and Cultural Rights. These rights also apply to migrant workers without exception.

123 A further major basis for the decision of the Federal Government not to ratify the Convention is that the term “migrant worker” used in the Convention lacks differentiation, and also includes persons who are in unauthorised residence and are in unauthorised employment. The position of illegally-resident migrant workers is hence protected in a manner which goes far beyond the undisputed need to grant them all basic rights. These regulations may hence be suited to increase the incentive to take up employment in Germany without having the requisite residence title. It is also not intended to ratify the Convention, given that the German Immigration Act (Zuwanderungsgesetz ) has adopted the aim of combating illegal migration. b. Reservations and declarations 124 The Federal Republic of Germany has submitted reservations and declarations to the following international basic right agreements 15 :

15 Declarations related to the applicability of the human rights agreements in the former West Berlin are obsolete, and are hence not included in the list below. 53

Reservatio Content Reasoning for the reservation/ Convention n/ declaration declaration

International Reservation 1. Articles 19, 21 and 22 in Re No. 1 of the reservation : Covenant on conjunction with Article 2 Civil and (17 December (1) of the Covenant shall be Art. 16 of the ECHR reads as follows: “Nothing in Articles Political 1973, upon applied within the scope of 10, 11 and 14 shall be regarded as preventing the High Rights ratification) Article 16 of the Convention Contracting Parties from imposing restrictions on the of 4 November 1950 for the political activity of aliens.” Protection of Human Rights and Fundamental Freedoms. The reservation was submitted and is upheld in order to monitor the political activities of a growing number of political 2. Article 14 (3) (d) of the foreigners’ organisations to protect internal security in the Covenant shall be applied in Federal Republic of Germany. such manner that it is for the court to decide whether an Re No. 2 of the reservation: accused person held in custody has to appear in This reservation was submitted with regard to section 350 person at the hearing before subs. 2 sentence 2 of the German Code of Criminal Procedure the court of review (Strafprozessordnung - StPO ), in accordance with which it is (Revisionsgericht ). placed at the discretion of the court in the appeal on points of law procedure in criminal cases as to whether the accused 3. Article 14 (5) of the person who is not at liberty is called up for the hearing on the Covenant shall be applied in appeal. If he/she is not called up, defence counsel must be such manner that: appointed for him/her on his request, cf. section 350 subs. 2 a) A further appeal does not sentence 1 of the Code of Criminal Procedure. have to be instituted in all cases solely on the grounds that the accused person having been acquitted by the lower court was convicted for the first time in the proceedings concerned by the appellate court.

b) In the case of criminal Re No. 3 b) of the reservation: offences of minor gravity the review by a higher tribunal No. 3 b) of the reservation is relevant with regard to the appeal of a decision not imposing on points of fact and law against refusal of acceptance for imprisonment does not have adjudication. In accordance with section 313 subs. 1 of the to be admitted in all cases. Code of Criminal Procedure, in cases in which the accused has been sentenced to a criminal fine of not more than fifteen daily 4. Article 15 (1) of the rates, the reserved punishment in the case of a reprimand is not Covenant shall be applied in more than fifteen daily rates, or a sentence is handed down for such manner that when an administrative fine, an appeal on points of fact and law is provision is made by law for only admissible if it is accepted. Such appeal is accepted in the imposition of a lighter accordance with section 313 subs. 2 of the Code of Criminal penalty the hitherto Procedure if it is not manifestly ill-founded. Section 313 of the applicable law may for Code of Criminal Procedure hence restricts the admissibility of certain exceptional the appeal on points of fact and law for cases of small-scale categories of cases remain crime in order to reduce the burden on the judiciary. applicable to criminal offences committed before the law was amended.

Optional Reservation The Federal Republic of As regards (a) of the reservation, it should be pointed out that, Protocol of Germany formulates a given that the committee is not competent for complaints 1966 to the (25 August reservation concerning which have been examined by another procedure of International 1993) article 5 paragraph 2 (a) to international investigation or settlement, the Federal Covenant on the effect that the Republic of Germany, has complied by depositing the Civil and competence of the reservation with a recommendation of the Council of Europe Political Committee shall not apply to (Resolution of the Committee of Ministers (70) 17 of 15 May Rights, on communications 1970). Hence, duplication of international review proceedings, communicatio a) which have already been and therefore overlaps with the legislation of the ECHR’s ns from considered under another bodies, were to be avoided, given that these may also lead to individuals procedure of international contradictory results. “Forum shopping” on the part of 54

investigation or settlement, complainants was also to be avoided in the interest of the or functioning of international organs of human rights protection. b) by means of which a This certainly applies if in international proceedings – such as violation of rights is here – an examination on the merits has already taken place. reprimanded having its origin in events occurring prior to the entry into force of the Optional Protocol for the Federal Republic of Germany c) by means of which a violation of article 26 of the [said Covenant] is reprimanded, if and insofar as the reprimanded violation refers to rights other than those guaranteed under the aforementioned Covenant.

International Declaration The Federal Republic of With the second sentence of this declaration, the Federal Convention on Germany hereby declares Republic of Germany wishes to avoid that the race the Elimination (30 August that pursuant to Article 14 discrimination committee also deals with those legal cases of All Forms of 2001) paragraph 1 of the which have already been ruled on by the European Court of Racial Convention it recognizes the Human Rights, possibly reaching a different outcome. The Discrimination competence of the content of this part of the declaration corresponds to the Committee on the provisions in three important basic right agreements of the Elimination of Racial United Nations, namely the Optional Protocol to the Discrimination to receive International Covenant on Civil and Political Rights, the and consider Optional Protocol to the Convention on the Elimination of All communications from Forms of Discrimination against Women and the International individuals or groups of Convention against Torture and Other Cruel, Inhuman or individuals within her Degrading Treatment or Punishment. The majority of EU jurisdiction claiming to be States which submitted a declaration regarding Art. 14 of the victims of a violation by the Anti-Racism Convention have included the same restriction in Federal Republic of their declarations. Germany of any of the rights set forth in this Convention. However, this shall only apply insofar as the Committee has determined that the same matter is not being or has not been examined under another procedure of international investigation or settlement. International Declaration This provision prohibits the In the view of the Federal Government, the Convention against Convention with regard to transfer of a person directly Torture and Other Cruel, Inhuman or Degrading Treatment or against Torture Article 3 to a State where this person Punishment only gives rise to state obligations. Whether this and Other is exposed to a concrete also applies to Article 3 of the Convention was however Cruel, (1 January danger of being subjected to doubted in the international discussion preceding ratification. Inhuman or 1990, upon torture. In the opinion of the In order to create clarity in this respect, the German Degrading ratification) Federal Republic of Government submitted the above clarifying declaration when Treatment or Germany, article 3 as well as depositing the ratification document. Courts and authorities Punishment the other provisions of the accordingly do not apply the Convention, but instead apply Convention exclusively German law, which concurs therewith. establish State obligations Direct application of the Convention is prescribed in an that are met by the Federal exceptional case by special German legal provisions. Section 6 Republic of Germany in No. 9 of the Criminal Code orders that German criminal law conformity with the is to apply, regardless of the law of the place of provisions of its domestic commission, to acts committed abroad “which, on the basis law which is in accordance of an international agreement binding on the Federal with the Convention. Republic of Germany, shall also be prosecuted if they are committed abroad”. When examining section 6 No. 9 of the Criminal Code, German judges, taking as a basis the provisions of the Convention, must hence examine whether German criminal law applies to the act of torture committed abroad.

With the declaration, the Federal Government would also like 55

to clarify Article 3 para. 2 of the Convention against Torture: The judgment as to whether the person to be deported is at risk from torture, etc, in the state to which he/she is to be deported should always be examined in light of a danger in individual cases. Convention on Declarations I. The Government of the Re No. I of the declaration: the Rights of Federal Republic of the Child (5 April 1992, Germany declares that it It emerges from the wording of the Convention that primarily upon welcomes the Convention on state obligations were to be created. Thus, the states are named ratification) the Rights of the Child as a as the addressees of the obligations governed in almost all milestone in the provisions of the Convention on the Rights of the Child. In development of international particular, however, Article 4 of the Convention makes it clear law and that it will take the that the Convention still requires implementation by opportunity afforded by the “appropriate legislative, administrative, and other measures ratification of the for the implementation of the rights recognized in the Convention to initiate present Convention”. What is more, international law in reforms in its domestic principle releases the Member States from a convention if they legislation that are in meet the international law obligations which have been taken keeping with the spirit of the on. The Convention on the Rights of the Child is hence binding Convention and that it on the contracting states without exception only with regard to considers appropriate, in line certain goals, and places the means for meeting these goals at with article 3 (2) of the their discretion. The contracting states can meet their Convention, to ensure the obligations under international law particularly by granting the well-being of the child. The rights provided for in the Convention on the Rights of the planned measures include, in Child in domestic law, in other words indirectly. The particular, a revision of the benefiting citizens can then not directly invoke the Convention, law on parental custody in but the domestic law concurring with the Convention. The respect of children whose rights and basic freedoms of the child granted in the parents have not married, are Convention apply. However, they cannot be directly derived permanently living apart from the Convention. This question is however of secondary while still married, or are significance for the legal position of the child. divorced. The principal aim will be to improve the conditions for the exercise of parental custody by both parents in such cases as well. The federal Republic of Germany also declares that domestically the Convention does not apply directly. It establishes state obligations under international law that the Federal Republic of Germany fulfils in accordance with its national law, which conforms with the Convention. II. The Government of the Re No II of the declaration: Federal Republic of Germany is of the opinion The declaration is intended to clarify at No. II that parental that article 18 (1) of the custody – and the concomitant right to bring up a minor child – Convention does not imply is also a protective measure of the state legislature legitimated that by virtue of the entry by Article 24 para. 1 of the International Covenant on Civil and into force of this provision Political Rights, to which the child has a right. This right is not parental custody, to be questioned by the Convention on the Rights of the Child. automatically and without Rather, it is made clear by Article 5 of the Convention that the taking into account the best Convention takes it as read that children and juveniles are interests of the respective subject to restrictions in asserting their rights which emerge child, applies to both parents from their parental right to bring up a child or that of other even in the case of children persons having custody of them. whose parents have not married, are permanently living apart while still married, or are divorced. Such an interpretation would be incompatible with article 3 (1) of the Convention. The situation must be examined 56

on a case- by-cases basis, particularly where the parents cannot agree on the joint exercise of custody. The Federal Republic of Germany therefore declares that the provisions of the Convention are also without prejudice to the provisions of national law concerning a) legal representation of minors in the exercise of their rights; b) rights of custody and access in respect of children born in wedlock; c) circumstances under family and inheritance law of children born out of wedlock; This applies irrespective of the planned revision of the law on parental custody, the details of which remain within the discretion of the national legislator. III. In accordance with the Re No. III a) of the declaration: reservations made by it with respect to the parallel With the declaration re No. III a), the Federal Government guarantees of the intended to ensure that Article 40 (2) (b) (2) of the Convention International Covenant on was applied such that in cases of criminal offences of less Civil and Political Rights, serious severity, a right does not exist in all cases to be the Federal Republic of appointed counsel to defend and prepare for the defence. In Germany declares in respect such cases it is sufficient for the parents or other person with of article 40 (2) (b) (ii) and custody to attend the main hearing, as is provided for by (v) of the Convention that domestic law. these provisions shall be applied in such a way that, in the case of minor infringement of the penal law, there shall not in each and every case exist: a) a right to have "legal or other appropriate assistance" in the preparation and presentation of the defence, and/or b) an obligation to have a sentence not calling for imprisonment reviewed by a higher competent authority or judicial body. IV. In addition, the Federal The declaration at No. IV was submitted upon ratification of Republic of Germany the Convention in order to avoid misinterpretations or confirms the declaration it overinterpretations of the Convention. The Federal made in Geneva on 23 Government takes the view that the Federal Republic of February 1989: Germany meets the obligations incumbent on it by virtue of the Nothing in the Convention United Nations Convention on the Rights of the Child of may be interpreted as 20 November 1989. This also applies with regard to Article 22 implying that unlawful entry of the UN Convention on the Rights of the Child. The by an alien into the territory obligations of the contracting states do not include making it of the Federal Republic of easier for children who wish to enter unaccompanied in order Germany or his unlawful to request the legal status of a refugee to enter the country, or to stay there is permitted; nor make it possible to do so. may any provision be interpreted to mean that it restricts the right of the Federal Republic of 57

Germany to pass laws and regulations concerning the entry of aliens and the conditions of their stay or to make a distinction between nationals and aliens. V. The Government of the Federal Republic of Germany regrets the fact that under article 38 (2) of the Convention even fifteen- year-olds may take a part in hostilities as soldiers, because this age limit is incompatible with the consideration of a child's best interest (art. 3 (1) of the Convention). It declares that it will not make any use of the possibility afforded by the Convention of fixing this age limit at fifteen years. Optional Declaration “The Federal Republic of Protocol of Germany declares that it 2000 to the (13 December considers a minimum age of Convention on 2004, upon 17 years to be binding for the the Rights of ratification) voluntary recruitment of the Child on soldiers into its armed forces the under the terms of Article 3 involvement of paragraph 2 of the Optional children in Protocol. Persons under the armed conflict age of 18 years shall be recruited into the armed forces solely for the purpose of commencing military training. The protection of voluntary recruits under the age of 18 years in connection with their decision to join the armed forces is ensured by the need to obtain the consent of their legal guardian and the indispensable requirement that they present an identification card or passport as a reliable proof of their age.”

c. Cancellations, limitations and restrictions 125 There are no cancellations, limitations or restrictions with regard to the human rights conventions listed at B.I.1.a.

2. Other United Nations human rights conventions and associated conventions

126 The Federal Republic of Germany is a contracting party to the following other United Nations human rights conventions:

••• 1926 Slavery Convention in the version of the Protocol amending the Slavery Convention dated 7 December 1953 ••• Convention of 1948 on the Prevention and Punishment of the Crime of Genocide ••• Convention of 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 ••• Convention of 1954 relating to the Status of Stateless Persons ••• Convention of 1961 on the Reduction of Statelessness ••• Rome Statute of 1998 of the International Criminal Court ••• United Nations Convention of 2000 against Transnational Organized Crime and its Protocols of 15 November 2000 to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and against the Smuggling of Migrants by Land, Sea and Air

127 The Convention of 2006 for the Protection of All Persons from Enforced Disappearance was signed on 26 September 2007. The Federal Government adopted a draft Act on the Convention on 4 February 2009. The ratification process is likely to be concluded in 2009.

3. Other relevant international human right conventions

128 The Federal Republic of Germany is also a contracting party to the following conventions relevant to protection of human rights and humanitarian law: a. Conventions of the International Labour Organisation ••• Convention (No. 29) concerning Forced or Compulsory Labour, 1930 ••• Convention (No. 81) concerning Labour Inspection in Industry and Commerce, 1947 ••• Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise, 1948 ••• Convention (No. 97) concerning Migration for Employment, 1949 ••• Convention (No. 98) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, 1949 ••• Convention (No. 100) concerning Equal Remuneration, 1951 ••• Convention (No. 102) concerning Minimum Standards of Social Security, 1952 ••• Convention (No. 105) concerning the Abolition of Forced Labour, 1957 ••• Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation, 1958

••• Convention (No. 118) concerning Equality of Treatment of Nationals and Non- Nationals in Social Security, 1962 ••• Convention (No. 122) concerning Employment Policy, 1964 ••• Convention (No. 129) concerning Labour Inspection in Agriculture, 1969 ••• Convention (No. 132) concerning Annual Holidays with Pay (Revised), 1970 ••• Convention (No. 138) concerning Minimum Age for Admission to Employment, 1973 ••• Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 b. Convention of the United Nations Educational, Scientific and Cultural Organization ••• Convention of 1960 against Discrimination in Education c. Conventions of the Hague Conference on Private International Law ••• Convention of 1956 on the law Applicable to Maintenance Obligations towards Children ••• Convention of 1958 Concerning the Recognition and Enforcement of Decisions Relating to Maintenance Obligations towards Children ••• Convention of 1961 concerning the powers of authorities and the law applicable in respect of the protection of infants ••• Convention of 1973 on the Law Applicable to Maintenance Obligations ••• Convention of 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations ••• Convention of 1980 on the Civil Aspects of International Child Abduction ••• Convention of 1980 on International Access to Justice (signed but not yet ratified) ••• Convention of 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption ••• Convention of 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (signed but not yet ratified) ••• Convention of 2000 on the International Protection of Adults d. Geneva Conventions and other conventions in the field of the humanitarian international law ••• Geneva Convention of 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

••• Convention of 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ••• Geneva Convention of 1949 relative to the Treatment of Prisoners of War ••• Geneva Convention of 1949 relative to the Protection of Civilian Persons in Time of War ••• Protocol of 1977 Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol I) ••• Protocol of 1977 Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) ••• Convention of Ottawa of 1997 on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction

4. Regional human right conventions

129 At regional level, the Federal Republic of Germany is a contracting party to the conventions listed below: ••• European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms ••• Protocol of 20 March 1952 to the Convention for the Protection of Human Rights and Fundamental Freedoms ••• Protocol No. 2 of 6 May 1953 to the Convention for the Protection of Human Rights and Fundamental Freedoms, conferring upon the European Court of Human Rights competence to give advisory opinions ••• Protocol No. 3 of 6 May 1953 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending Articles 29, 30 and 34 of the Convention ••• Protocol No. 4 of 16 September 1963 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto ••• Protocol No. 5 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending Articles 22 and 40 of the Convention ••• Protocol No. 6 of 28 April 1983 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

••• Protocol No. 8 of 19 March 1985 to the Convention for the Protection of Human Rights and Fundamental Freedoms ••• Protocol No. 11 of 11 May 1994 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby ••• Protocol No. 13 of 3 May 2002 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances ••• Protocol No. 14 of 18 October 1961 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control system of the Convention ••• European Social Charter of 18 October 1961 ••• European Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data ••• Additional Protocol of 8 November 2001 to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows ••• European Convention of 26 November 1987 for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ••• Protocol No. 1 of 4 November 1993 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ••• Protocol No. 2 of 4 November 1993 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ••• European Charter of 5 November 1992 for Regional or Minority Languages ••• Framework Convention of 1 February 1995 for the Protection of National Minorities ••• European Convention of 25 January 1996 on the Exercise of Children's Rights ••• European Agreement of 5 March 1996 relating to persons participating in proceedings of the European Court of Human Rights ••• Sixth Protocol of 5 March 1996 to the General Agreement on Privileges and Immunities of the Council of Europe of 1949

II. Legal and institutional framework for the protection and the promotion of human rights at national level

130 The protection and the promotion of human rights are frequently parallel in both legal and institutional terms. The framework to protect human rights and that for the promotion of human rights will therefore be shown below in a joint section.

1. Structure and anchoring of human rights in the German legal system a. The list of basic rights contained in the Basic Law 131 The human rights enjoy special status in Germany’s constitutional system. This is made clear by the fact that the Basic Law places them at the beginning of its provisions. The list of basic rights contained in the Basic Law primarily covers here guaranteeing personal liberty rights protecting the individual against impairments to his/her freedom by the State. At the same time, they typify a highly specific perception of humanity, that is that of an individual who can develop freely within society and whose individuality, independence, self-determination and responsibility for his own actions are to be respected by the State. The picture of a person which is painted by the Basic Law is not that of an isolated, sovereign individual. Rather, the Basic Law has ruled on the tension between the individual and society in the interest on his/her relation to and tie to society, without detracting from his/her individual value. aa. Personal liberty rights 132 The basic rights are guaranteed partly in the shape of general basic rights, and partly in the shape of civil rights. Whilst each individual has a right to the former, the latter are only binding in respect of German nationals. The distinction between civil and human rights does not however deny foreigners protection in the regulatory area of civil rights. The conduct of foreigners falling in the area protected by civil rights is certainly protected by the general freedom to act (Art. 2 para. 1 of the Basic Law).

133 In addition to primary human dignity, which is not subject to any state restriction (Art. 1 para. 1 of the Basic Law), general human rights are in particular the right to free development of the personality (Art. 2 para. 1 of the Basic Law), the right to life, physical integrity and individual freedom (Art. 2 para. 2 of the Basic Law), the right to freedom of faith, of conscience, and freedom to profess a religion (Art. 4 of the Basic Law), including the right to refuse to render war service on grounds of conscience, as well as the right freely to express and disseminate opinions and freely to inform oneself, which includes the guarantee of freedom of the press (Art. 5 of the Basic Law). Art. 9 para. 3 of the Basic Law guarantees for all and for all professions freedom of coalition, and therefore the right to form and participate in associations to safeguard and improve working and economic conditions. Whilst Article 10 of the Basic Law ensures for everyone the inviolability of privacy of letters, posts and telecommunications, Article 13 of the Basic 63

Law ensures the inviolability of the home. Property enjoys protection under Articles 14 and 15 of the Basic Law. Article 17 gives to everyone the right to address petitions. Furthermore, there are special guarantees advantageous to marriage and the family (Art. 6 of the Basic Law), as well as to the school system (Art. 7 of the Basic Law).

134 Freedom of assembly (Art. 8 of the Basic Law) and of association is reserved for German nationals – unless already protected by Art. 9 para. 3 of the Basic Law (Art. 9 para. 1 of the Basic Law), the right to freedom of movement (Art. 11 of the Basic Law) and the basic right freely to choose an occupation and place of work (Art. 12 of the Basic Law). There is also a restriction to German nationals with regard to equal access of men and women to the Armed Forces (Art. 12a of the Basic Law). Finally, in accordance with Art. 16 of the Basic Law, Germans enjoy both protection of their citizenship and protection against extradition to another country.

135 In accordance with Art. 16a of the Basic Law, those who are politically persecuted have a right to asylum.

136 Some of the basic rights entrenched in the constitution correspond to the internationally protected human rights; some of them, such as the right to refuse, on grounds of conscience, to perform military service, and the right of asylum, go for instance beyond the standard contained in the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. bb. Rights similar to basic rights 137 In addition to the basic rights which have been described, the constitution at the same time protects so-called rights similar to basic rights, which are largely also established as human rights in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in the International Covenant on Civil and Political Rights. These are in detail the right to resist any person seeking to abolish the constitutional order (Art. 20 para. 4 of the Basic Law), the active and passive right to elect (Art. 38 of the Basic Law) and elementary guarantees of court procedure. The latter are also referred to as basic judicial rights. In accordance with Art. 19 para. 4 of the Basic Law, anyone whose rights have been violated by public authority has recourse to the courts. The following are also guaranteed: the right to one's lawful judge (Art. 101 of the Basic Law), the right to a hearing in accordance with the law, the ban on retroactive punishment and on multiple 64

punishment (Art. 103 of the Basic Law), as well as certain legal guarantees in the event of deprivation of liberty (Art. 104 of the Basic Law). cc. Equality rights 138 The general constitutional principle of equal treatment is guaranteed in Article 3 para. 1 of the Basic Law. Additionally, Article 3 para. 2 contains the principle of equal rights for men and women, as well as the obligation of the State to promote the actual implementation of equal rights for women and men and to take steps to eliminate disadvantages that now exist. Furthermore, a prohibition of discrimination is entrenched in Art. 3 para. 3 of the Basic Law, stating that no one may be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions, and that no one may be disfavoured (or favoured) because of disability. Art. 33 paras. 1 and 2 of the Basic Law also provide that every German has the same civil rights and duties and is equally eligible for any public office according to his/her aptitude, qualifications and professional achievements. dd. Economic rights 139 The freedom of economic activity of the individual is protected by Art. 2 paras. 1 and 12 of the Basic Law. Furthermore, Art. 14 of the Basic Law protects the position of ownership and regulates the prerequisites for expropriation. ee. Cultural rights 140 The freedom of art and scholarship is guaranteed by Art. 5 para. 3 of the Basic Law. Art. 5 para. 3 of the Basic Law contains first of all a right to freedom for all artists and all those who participate in the performance and dissemination of works of art from intervention by public power in the artistic sphere. As an objective value-decision for the freedom of art, it sets the modern state, which regards itself as a cultural state, the task of maintaining and encouraging a free cultural life. Art. 7 para. 4 of the Basic Law guarantees the right to establish private schools. ff. Social rights 141 The social state principle already explained at A.II.9 is interdependent on the freedom and equality rights of the Basic Law. Particular significance attaches here to the elementary basic right contained in Art. 1 para. 1 of the Basic Law (human dignity). Thus, it is possible to derive from Art. 1 para. 1 of the Basic Law in conjunction with the social state principle

the constitutional basis for the guarantee of a minimum standard of living. One should further mention the mandate of the State to protect marriage and the family and the welfare obligation towards mothers (Art. 6 paras. 1 and 4 of the Basic Law), as well as the mandate to the legislature to create for children born out of wedlock the same conditions for their physical and mental development and their status in society as for those born in wedlock (Art. 6 para. 5 of the Basic Law). Also to be listed are the freedom of coalition and the equality rights from Art. 3 para. 2 sentence 2 and para. 3 sentence 2 (promotion of the equal rights of women and men, prohibition of disadvantages for persons with disabilities) that are entrenched in Art. 9 para. 3 of the Basic Law. b. Further development of basic rights 142 The basic rights contained in the Basic Law are given concrete form and are further developed by decisions given by the domestic courts, especially by the Federal Constitutional Court. An example of the further development of the basic rights by the case-law is the right to informational self-determination derived from the right to free development of the personality in conjunction with Article 1 para. 1 of the Basic Law, and the resulting power of individuals to decide for themselves about when, and within which limits, to disclose information regarding their lives. Another example is the right to integrity and confidentiality of information technology systems, developed by the Federal Constitutional Court in 2008 which, in the view of the Court, is also derived from the general right of personality. Both rights play an increasingly important role in a modern information society. c. Relationship between basic rights and human rights 143 The declaration of belief in human rights as the basis of every human community, as embodied in the Basic Law, contains not only the commitment to human rights, but also the legal obligation for Germany to contribute to the world-wide implementation of human rights. Accordingly, the Federal Republic of Germany has ratified the fundamental international conventions for the protection of human rights. The Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the protocols thereto, formulate political participation rights and personal liberty rights in general terms. By virtue of Article 25 of the Basic Law, these rights take precedence over the ordinary statutes and directly create rights and duties for the inhabitants of the federal territory, to the extent 66

that they can be interpreted as general rules of international law. The international instruments for the protection of human rights provide a guide for national legislation. They must also be taken into account in interpreting the Basic Law, that is in determining the content and the scope of the principle of the rule of law and of the basic rights, as well as in interpreting the ordinary statutes. In addition to ratification and national implementation, the Federal Government is also supporting the establishment of international norms in the field of human rights. Thus, for instance, it supports clarification of legal issues in connection with individual economic, social and cultural rights, such as the right to adequate housing and education. In this way, international human rights and basic rights complement and support one another. d. Maintaining basic rights 144 The Basic Law may only be amended by a qualified majority of the Federal Parliament and the Federal Council. An amendment to the Basic Law is inadmissible if it affects the structure of the Federation in Länder, the fundamental participation of the Länder in the legislation or the basic principles laid down in Articles 1 and 20 of the Basic Law. Since the profession of the inviolable and inalienable human rights (Art. 1 para. 2 of the Basic Law) is among these basic principles, they are protected against their elimination or a reduction of their core content by means of a constitutional amendment.

145 The basic rights may however be restricted by ordinary legislation to the extent explicitly permitted by the constitution. The legislature is however prohibited in accordance with Article 19 para. 2 from encroaching on the essence of a basic right in all cases.

2. Implementation of basic rights in the German legal system a. The binding nature of basic rights on state power 146 The basic rights contained in the Basic Law constitute directly applicable law. They are directly binding on the legislature, the executive and the judiciary in accordance with Art. 1 para. 3 of the Basic Law. Independent courts ensure protection of basic rights. In particular, any person whose basic rights have been violated by state power has the right of recourse to the courts in accordance with Art. 19 para. 4 of the Basic Law.

147 The basic rights not only have direct effect, however, they also influence the application of statutes. These must be interpreted in the light of the constitutionally protected basic rights. As this applies to all statutes, the authorities and courts are continuously and directly concerned with the protection of these rights in applying the statutes and bound by them. Respect for basic rights is thus not only at the heart of the written Constitution, but also of state activity in practice.

148 The courts must examine ex officio whether the statutory provisions which they have to apply are in compliance with the basic rights protected by the Basic Law. Where a court considers that a statute on whose validity the court's decision depends is in breach of the Basic Law, in accordance with Article 100 para. 1 of the Basic Law, it must stay the proceedings and obtain a decision from the Federal Constitutional Court. Article 1 para. 3 of the Basic Law is however also binding on the legislature, so that those who assist in legislating must examine in detail whether a bill which is in preparation is constitutional. Where there are differences of opinion or doubts as to the compatibility of statutory provisions with the Basic Law, the Federal Constitutional Court takes a decision once the statute has been passed if the Federal Government, the government of a Land or one-third of the members of the Federal Parliament apply for it to do so. All in all, the Federal Constitutional Court hence has a prominent status in the implementation of human rights, which above all is supplemented by the fact that the decisions of the Federal Constitutional Court are binding on the constitutional bodies of the Federation and the Länder , as well as on all courts and authorities, and indeed have the force of law subsequent to more detailed statutory provision. b. The constitutional complaint as a special instrument protecting basic rights 149 A further important instrument serving the protection of basic rights is also the constitutional complaint. As a result of it, any person may address the Federal Constitutional Court claiming that one of his/her basic rights guaranteed by the Basic Law or one of the rights under Article 20 para. 4, Articles 33, 38, 101, 103 and 104 has been infringed by public authority. On principle, all sovereign acts of the legislature, the executive and the judiciary may be challenged by this legal remedy. As an extraordinary legal remedy, it is on principle only admissible if the applicant has previously exhausted all other legal remedies in respect of the alleged violation of rights. Exceptionally, a constitutional complaint is however admissible immediately if there is no other legal remedy, for instance in the case of a statute which directly affects a citizen’s rights. 68

150 A constitutional complaint is conditional on it being accepted for adjudication by the Federal Constitutional Court. It must be accepted for adjudication if it is of fundamental constitutional significance or if it is necessary in order to implement basic rights or rights which have status equivalent to basic rights. c. The binding nature of b asic rights under civil law 151 The basic rights have been created primarily in order to protect the individual against the exercise of state power. Nevertheless, basic rights must be adhered to in interpreting and applying the non-constitutional law applicable between private individuals (indirect effect of basic rights on third parties). In reaching their decisions, judges must interpret statutes, particularly general clauses and uncertain legal terms, in compliance with the general value system of the basic rights. The basic rights prohibition of discrimination are made more concrete through specific civil law anti-discrimination provisions. d. Provisions on c ompensation 152 Under German law, there is no separate compensation system applying when basic rights are violated, but the general provisions apply. For instance, where any person in the exercise of a public office entrusted to him/her culpably violates his/her official obligations to a third party, liability lies on principle with the State or with the public body employing him/her (Article 34 first sentence of the Basic Law and section 839 of the Civil Code [ Bürgerliches Gesetzbuch ]). The aggrieved party can demand compensation from the State.

3. Other state bodies for the protection and promotion of human rights

153 Because of the comprehensive judicial protection, no special state body with general competence for the protection of human rights is considered necessary. Under the German legal system, on principle individuals must themselves claim a violation of their rights. Assistance is provided by a highly developed network of legal professions and special interest groups. Provision has been made in specific areas for special procedures and institutions such as petition committees also serving to protect basic rights.

a. Petition committees 154 In accordance with Article 17 of the Basic Law, everyone has the right individually or jointly with others to address written requests or complaints to the competent agencies and to parliaments. Anyone who submits a petition has a right to have it processed and to receive a reply. There are therefore special petition committees in the Federal and Länder parliaments where members concern themselves with the matters brought forward by the petitioners.

155 The petition committee of the Federal Parliament can demand information from the Federal Government and from the federal authorities, as well as hearing petitioners, witnesses and experts. This affords it an additional opportunity to examine measures taken by the Federal Government and by other state agencies. Where the committee considers the petitioner’s concerns to be justified, it may transfer the petition to the Federal Government and request it to consider the petition. In processing petitions, shortcomings in legislation or administration may come to light and be remedied by statutory provisions or administrative measures. b. Commission in accordance with the Act relating to Article 10 of the Basic Law 156 A democratic, constitutional state also relies on the activity of the intelligence services to protect its citizens. Intelligence services cannot be monitored with the same means as the police. However, the German Federal Parliament has appointed a commission in accordance with Article 10 para. 2 second sentence in order to maintain the privacy of letters, posts and telecommunications protected by Article 10 of the Basic Law. This review body examines and adjudicates inter alia complaints of individuals claiming a violation of rights under Article 10 by intelligence service surveillance of which they were not informed at the time. This arrangement constitutes an exception to the fundamental power of the judge to order encroachments on the privacy of letters, posts and telecommunications. c. Committee of the Federal Parliament for Human Rights and Humanitarian Aid; human rights reports of the Federal Government 157 The Federal Parliament established the Committee on Human Rights and Humanitarian Aid in the autumn of 1998. It sees human rights policy as a cross-sectional task, and is therefore involved in human rights aspects in an extremely wide range of human rights aspects, covering foreign policy, foreign economic policy as well as development policy 70

and domestic policy. It also constantly receives information from the Federal Government on the human rights situation in different countries, on centres of crisis for humanitarian aid and on the Federal Government’s policy in these fields. In a dialogue with the Federal Government, the Committee also participates in the further development of national, European and international instruments for the protection of human rights and in the legal and political scrutiny of human rights infringements.

158 In its resolution of 5 December 1991, the Federal Parliament asked the Federal Government “to provide specific information on its human rights policy at least every two years at regular intervals”. On 4 April 2001, the Federal Parliament asked the Federal Government to include in its human rights reports domestic policies to a greater extent than in the past. Borrowing from this, the eighth report of the Federal Government “on its human rights policy in foreign relations and other policy fields” was submitted to the German Federal Parliament on 16 July 2008. It can be accessed on the website of the German Federal Parliament ( www.bundestag.de ) at printed paper number 16/10037. d. Defence Commissioner of the Federal Parliament 159 By means of Article 45 b of the Basic Law, a special control body has been created for the federal armed forces in the shape of the Defence Commissioner of the Federal Parliament. He is appointed by the Federal Parliament to safeguard the basic rights of soldiers and to assist the Federal Parliament in exercising parliamentary control. The Act on the Defence Commissioner ( Gesetz über den Wehrbeauftragten ) contains more precise provisions on appointment, legal position and tasks. He acts on instruction of the Federal Parliament or the Defence Committee for the examination of certain events. Furthermore, he is obliged to act within his duty-bound discretion on becoming aware of circumstances pointing to a violation of the basic rights of soldiers or of the principles of internal management. He must inform the Federal Parliament of his findings by means of individual reports or in an annual report. e. Federal Commissioner for Data Protection and Freedom of Information 160 The task of the Federal Data Protection Commissioner, who is selected by the German Federal Parliament, is to monitor adherence by federal public agencies, by Deutsche Telekom AG and Deutsche Post AG to the provisions of the Federal Data Protection Act ( Bundesdatenschutzgesetz ) and other provisions concerning data protection. The

Data Protection Commissioner is to submit a report to the Federal Parliament on his activities every two years. He is independent in the exercise of his office and can only be released from duty at his own request or because of gross breach of duty. Observance of data protection provisions by the authorities of the Länder is controlled by the Länder commissioners. f. Commissioner of the Federal Government for Human Rights 161 The Federal Government’s Commissioner for human rights policy and humanitarian aid in the Foreign Office is to observe the development in the field of human rights world- wide and to participate in the bilateral and multilateral human rights dialogue. He contributes to shaping human rights policy in international relations and maintains close contacts at home and abroad with institutions and groups active in this field. The commissioner heads the German delegation to the United Nations Commission on Human Rights.

162 The Federal Government’s Commissioner for Human Rights Issues in the Federal Ministry of Justice is the agent of the Federal Government to the European Court of Human Rights in Strasbourg. She is also responsible for applications in accordance with the Anti-torture Convention, the Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights. In addition, the Commissioner for Human Rights Issues is responsible for several of the state reports on human rights to be submitted to the United Nations, namely the report on civil and political rights, the report on the elimination of all forms of racial discrimination, the anti-torture report and the Common Core Document. She is also involved in the work of the intergovernmental committees of the Council of Europe to improve the protection of human rights. g. Federal Government Commissioner for Migration, Refugees and Integration 163 The Commissioner for Migration, Refugees and Integration supports the Federal Government in its efforts in respect of policy on foreigners and makes proposals for the further development of national and European integration policy. She is a contact for creating the conditions to enable foreigners and Germans to live together without tension. In particular, she also suggests and supports initiatives for integration in the Länder and in local communities, as well as in groups within society, in order to further the mutual understanding of Germans and foreigners.

h. Federal Government Commissioner for Repatriation Issues and National Minorities in Germany 164 The Federal Government Commissioner is responsible for ethnic German resettlers and repatriates, for the German minorities in the resettlers’ areas of origin, as well as for the national minorities in Germany. For ethnic German resettlers and repatriates, he is a central contact at federal level, and is responsible for coordinating measures related to resettlers, in particular acceptance in accordance with the Federal Expellees Act and for integration. He campaigns for the promotion of understanding for the history and situation of Germans from the countries of Central and Eastern Europe, and from the successor states of the Soviet Union, and takes care of the German minorities in these countries. The Commissioner is also the central point of call for the national minorities in Germany - Danes, Frisians, Sorbs and Sinti and Roma. h. Commissioner of the Federal Government for the Interests of the Disabled 165 The Commissioner of the Federal Government for the Interests of the Disabled has the task to work towards the fulfilment in all spheres of life of the Federation’s obligation to ensure equivalent living conditions for people with or without disabilities. This includes measures to take into account different living conditions of disabled men and women and to eliminate gender-specific disadvantages. i. Antidiscrimination Agency of the Federation 166 The Federation’s Antidiscrimination Agency is an independent federal agency to protect against racist discrimination or disadvantage because of ethnic origin, disability, age, religion or belief, gender or sexual identity. It was established on the entry into force of the General Equal Treatment Act ( Allgemeines Gleichbehandlungsgesetz ) in August 2006.

167 Individuals who consider themselves to have been discriminated against, or who have questions about the General Equal Treatment Act, can approach the Federation’s Antidiscrimination Agency. Entrepreneurs also find at www.antidiskriminierungsstelle.de a guideline answering fundamental questions on the implementation of the General Equal Treatment Act.

168 The Federation’s Antidiscrimination Agency provides information to the public with publications, events and campaigns on the fact that equal treatment is a basic right. Over 73

and above this, the Antidiscrimination Agency inspects research on the topic of discrimination/equal treatment, identifies gaps in research and works towards closing them. Once per legislative period, the Antidiscrimination Agency submits a report to the Federal Government and the German Federal Parliament.

4. German Institute for Human Rights

169 The German Institute for Human Rights has been in existence since 2003 as an independent national human rights institution. Through publications, academic research projects, public seminars, educational programmes, specialist discussions and other ways in which it advises policy-makers, the institute provides substantial contributions towards the public opinion-forming process in topical areas relevant to human rights. The field of human rights education takes up a prominent place in the work of the Institute. This includes general information and educational services, as well as offers for work with children and young people and for specific occupational areas, such as the police, the media or development cooperation. The Institute also pays considerable attention towards strengthening the European and international human rights mechanisms.

170 The German Institute for Human Rights receives its basic financing from the State, but determines its work projects independently of any state influence. Its managerial board is composed of personalities from non-governmental organisations, academic circles or politics. Federal Ministries and the Federal Council are also represented without the right to vote.

5. Non-governmental organisations

171 An especially important role in the protection of human rights is played by organisations within society which in addition to international bodies work towards world-wide protection of human rights. Non-governmental organisations are increasingly influential world-wide. They not only provide assistance in individual cases of concrete violations of human rights, but make important contributions to the establishment of standards by multilateral institutions. Non-governmental organisations also make comprehensive contributions to the protection of human rights in the context of development co-operation.

172 On the occasion of the UN World Conference on Human Rights held in Vienna in June 1993, 19 human rights organisations of the Federal Republic of Germany joined forces in a “Human Rights Forum”, which by now has 50 member organisations. This working group of non-governmental organisations aims at improved and comprehensive protection of human rights world-wide, in particular regions of the world and in individual states, as well as in the Federal Republic of Germany. The Federal Government attaches great importance to co-operation with non-governmental organisations. Non-governmental organisations for instance participate in drawing up the state reports by means of consultation.

6. European Court of Human Rights

173 The Federal Republic of Germany has not only taken on extensive obligations to protect human rights, but has also granted powers to international control bodies. Particular significance is assumed here by the European Court of Human Rights, which is the guardian of adherence to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Breaches of the Convention can be complained of both by individual applicants and by the contracting states themselves. The Committee of Ministers guards the enforcement of the judgments, to which the contracting states have undertaken an obligation. The number of judgments against Germany by the European Court of Human Rights is low, both in absolute numbers (2007: 7), and with regard to the number of inhabitants. The European Court of Human Rights makes available in its annual reports extensive statistical data regarding the cases with which it has dealt. The reports also provide appropriate information regarding the German proceedings. They can be downloaded on the Court’s website ( http://www.echr.coe.int/echr ).

7. Information and publications on human rights

174 The Basic Law and the basic rights are covered in detail in school. Each pupil receives a copy of the Basic Law and of the Constitution of his/her Land . Teaching materials in the area of human rights are supplied for non-school education by the German UNESCO Commission in Bonn.

175 The work of the Federal Central Agency for Political Education ( Bundeszentrale für politische Bildung ) is of particular significance. This agency distributes documentation and declarations of the United Nations and of the Council of Europe to all enquirers free

of charge or for a small fee, as well as portrayals of the protection and support of human rights. A collection of the texts of human rights conventions and other Council of Europe and United Nations documents has appeared as a supplement to the Federal Bulletin ( Bundesanzeiger ). The text of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols is also distributed in various languages, including German, by the Council of Europe in Strasbourg, and can be sent through the post on request. These texts are also available via the Federal Ministry of Justice.

176 The Federal Government publishes the reports which it submits to the United Nations in compliance with its obligations arising from the individual conventions. Some of these reports are distributed in brochure form, and the reports, including the final observations of the UN committees, are also published on the Internet in German and English (www.auswaertiges-amt.de and www.bmj.bund.de ). The eighth report of the Federal Government on human rights policy in foreign relations and other policy fields is also available on the Internet. A print version has also been published.

8. Human rights education

177 All the Länder in the Federal Republic of Germany view education on the respect for human dignity to be a substantial task and a major goal of schools. The group of topics is fixedly entrenched in the curricula of the relevant subjects of all types and grades of school, and is also the subject of a large number of extracurricular projects and initiatives.

178 A major contribution towards human rights education is also made by the German Institute for Human Rights (cf. B.II.4 above). Its educational offerings target for instance children and juveniles or specific professional groups. For example, the educational work of the German Institute for Human Rights is supplemented by further training measures of the corresponding professional associations and trade unions.

179 Another element of human rights education is, at the same time, the human rights education of office-holders, which differs depending on the career path. Thus, human rights are a fixed element of basic and further training of the prison and police services. Further training of judges and public prosecutors is provided by the German Academy of Judges, which includes human rights aspects in its programmes.

9. Awareness-raising of human rights issues by the mass media

180 The media carry out special functions and tasks in society. They serve the free individual and public opinion formation and typify people’s attitudes and modes of conduct. This also applies with regard to human rights, which are regularly discussed in the media and in various forms and genres. Thus, human rights issues are not only the subject of current news reporting, but are also dealt with in detail in documentations, fictional productions (for instance crime series), discussion programmes, as well as discussion fora. Further examples, specifically in the field of broadcasting (radio and television), are the many weekly magazine programmes in established slots which create contributions from home and abroad regarding topics relevant to human rights, such as social standards or cultural self-determination rights. Over and above this, both in broadcasting and in the press and on the Internet, major sporting events – such as the Olympic Games – are taken as an opportunity to impart to the users of these media the cultural, social and societal situation of the venue.

181 A significant factor in the efforts to create significance and bring about implementation for human rights in even more countries of this world is, finally, the Deutsche Welle international broadcaster. By means of training offered for foreign journalists, Deutsche Welle’s international training institute, the DW-Akademie , promotes the worldwide promotion of freedom of opinion. Its projects make a contribution towards greater openness, transparency and participation in the electronic media of developing countries and countries in transformation.

10. Development cooperation

182 The Federal Ministry for Economic Cooperation and Development, which is responsible for development cooperation, understands the protection and promotion of basic rights as a cross-sectional topic of its development policy. All in all, Euro 520 million have been provided for projects with a human-rights relevance in 2008, and roughly Euro 628.5 million are earmarked for 2009. A comparison with the figures of the previous year 2007, when a total of roughly Euro 400 million were spent on development cooperation with a human-rights relevance, shows that the realisation of basic rights in development cooperation is on a sound financial footing.

183 Over and above the human rights commitment, reflected in budget figures, the Federal 77

Ministry for Economic Cooperation and Development in 2004 anchored the human rights approach in German development policy. This means the systematic implementation of all human rights and human rights principles in the sectors and country cooperations. With the second development policy action plan for human rights (2008-2010), the Ministry confirms this undertaking and makes a committed contribution towards implementing civil, political, economic, social and cultural rights in development cooperation. Projects to implement women’s and children’s rights take on major importance here.

III. Reporting process at national level

1. Reporting

184 The drafting of this report was coordinated in the Federal Ministry of Justice with the participation of the other federal ministries and authorities of the Federation within its remit. It is based on contributions from the Federal Ministry of Labour and Social Affairs, of the Federal Ministry of Education and Research, of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, of the Federal Ministry of Finance, of the Federal Ministry of Health, of the Federal Ministry of the Interior, of the Federal Ministry of Justice, of the Federal Ministry for Economic Cooperation and Development, of the Federal Office of Justice, of the Federal Statistical Office, of the Commissioner of the Federal Government for Culture and the Media and the Antidiscrimination Agency of the Federation. Additionally, data from the Roman Catholic Church, the Protestant Church, the Jewish religious community, of the Religionswissenschaftlicher Medien- und Informationsdienst e.V. (Religious Studies Media and Information Service – REMID) and the Forschungsgruppe Weltanschauungen in Deutschland (Research Group on World Views in Germany – fowid) were used on figures on religious affiliation.

185 The report will be sent for information to the Committee on Human Rights and Humanitarian Aid of the German Federal Parliament, the German Institute for Human Rights and the Human Rights Forum, once it has been adopted by the Federal Government. Furthermore, the Common Core Document will be publicly available on the Internet in German and English at ( www.auswaertiges-amt.de and www.bmj.bund.de ).

2. Follow-up measures to the final remarks of the contracting bodies

186 The final remarks and recommendations of the contracting bodies are systematised and

analysed in the preparation for the drafting of the respective subsequent state report. If the individual recommendations require corresponding implementation measures, these will be carried out. The results of the corresponding measures will then be input into the respective state report.

C. Information regarding non-discrimination and equality

I. Anchoring of the protection of equality and of non-discrimination in legal provisions

1. Constitutional law

187 The principles of equality and non-discrimination are guaranteed by the constitution of the Federal Republic of Germany. The principle of equality contained in Art. 3 para. 1 of the Basic Law explicitly provides that all persons are equal before the law. It is supplemented by various specific equality principles, including the prohibition of discrimination contained in Art. 3 para. 3 of the Basic Law (cf. on this already the information on freedom and equality rights, as well as the rights similar to basic rights and social rights at B.II.1.a.aa./bb./cc./ff.). Both principles are structured as basic rights and directly-applicable law. The legislature, the executive and the judiciary are directly bound by them on the basis of the binding clause contained in Art. 1 para. 3 of the Basic Law. Art. 3 para. 1 and Art. 3 para. 3 of the Basic Law do not distinguish between those who have been singly and multiply discriminated against, its protection covering both groups of individuals.

188 With regard to the exercise of political rights, the specific principle of equality of elections gains significance in particular (cf. on this the information on the principles of electoral law of Art. 38 of the Basic Law dealt with at A.II.3.b). It typifies both the active and passive right to vote.

189 Economic, social and geographical disparities can be countered in federal legislation. However, to protect the legislative powers of the Länder , the use of federal legislative competences is partly contingent on a provision of federal law being necessary to create equivalent circumstances on federal territory or to safeguard legal or economic unity. This applies for instance to the field of public services, the law on the economy or state liability law.

2. Non-constitutional law

190 Manifestations of constitutional equality principles can be found in many forms in non- constitutional law. Examples that can be mentioned are for instance the provisions of the Life Partnership Act ( Lebenspartnerschaftsgesetz ), which applies to same-sex co- 80

habitation, the provisions of the Act on Equal Rights of Persons with Disabilities (Behindertengleichstellungsgesetz ) or those of the Criminal Code. Particular attention should be paid to the assessment-of-punishment rule contained in section 46 of the Criminal Code, which enables the ruling court to consider a racist conviction of the offender as an incriminating circumstance.

191 A special position in protection of equality and against discrimination is assumed by the General Equal Treatment Act, which serves the implementation of four European antidiscrimination directives 16 and entered into force on 18 August 2006. The General Equal Treatment Act, which covers in terms of its area of applicability labour law and parts of civil law, amongst other things, hence creates a comprehensive anti-discrimination law in Germany for the first time.

192 The first Part of the General Equal Treatment Act formulates the objective of preventing or eliminating disadvantages for reasons of race or of ethnic origin, of gender, religion or belief, of disability, of age or sexual identity. Further, the area of application and the definitions of direct and indirect discrimination, harassment and sexual harassment are established. Part 2 of the Act contains labour law provisions on the protection of employees against disadvantages. At the same time, the measures and obligations of the employer, as well as the rights of employees, are described therein. The core is formed by the provisions on compensation and damages (section 15 of the General Equal Treatment Act), which link the requirements of the EU directives with German compensation law. The third Part of the Act contains provisions on protection against disadvantages in civil legal transactions. Prohibitions against specific disadvantages under civil law are entrenched in accordance with the prerequisites of the Antiracism Directive 2000/43/EC and the Unisex Directive 2004/113/EC on gender equality outside employment. Here, the prohibition of disadvantagement in civil law covers all characteristics with the exception of belief (section 19 of the General Equal Treatment Act). The fourth Part of the Act, finally, deals with legal protection of those concerned, which has been sustainedly improved by virtue of

16 Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Anti-Racism Directive), Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (Framework Directive), Directive 2002/73/EC amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions and Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services. 81

the introduction of the General Equal Treatment Act. Victims are now able to claim the support of the anti-discrimination associations. Anti-discrimination associations are empowered, in the context of their statutes, to appear in court proceedings as counsel for the disadvantaged in the hearing. The General Equal Treatment Act, however, does not provide for a right to join proceedings. Furthermore, with gross violations of the General Equal Treatment Act, the works council and the trade union represented in the company have recourse to the labour court (section 17 subs. 2 of the General Equal Treatment Act). Section 22 of the General Equal Treatment Act, finally, introduces an alleviation of the burden of proof. If ancillary facts are put forward and proven providing evidence that disadvantagement has taken place because of gender, the other party bears the burden of proof that there has been no violation. The fifth Part of the Act contains special regulations for employment under public law. Finally, the legal status, tasks and powers of the Antidiscrimination Agency of the Federation are entrenched in the sixth Part of the Act.

II. Institutional anchoring of the protection of equality and non-discrimination

193 Protection of equality and of non-discrimination is guaranteed by a variety of different agencies in the Federal Republic of Germany. At federal level, both the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Justice deal with questions relating to the protection of equality and of non-discrimination. Over and above this, all draft bills and ordinances of the Federal Government are examined by the Federal Ministry of Justice for their compatibility with constitutional, international and European law. The subject of this examination is also the principles of equality and non-discrimination.

194 The Federal Government Commissioner for Migration, Refugees and Integration is entrusted with the task of countering unequal treatment of foreigners, whilst the Federal Government Commissioner for Repatriation Issues and National Minorities is committed to the interests of ethnic German resettlers and members of national minorities. The Commissioner of the Federal Government for the Interests of the Disabled is committed to bringing about equivalent circumstances for people with and without disabilities. A major role is also played by the Antidiscrimination Agency of the Federation in combating discrimination, whose function as an ombudsman and advisor has already been fully discussed at B.II.3.i. It is supported in its advisory function by the work of the local antidiscrimination agencies.

III. Educational programmes and information campaigns

195 At federal level, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth makes available a large amount of information material on the topic of equality which can be acquired free of charge, either via the Internet ( www.bmfsfj.de ) or by having publications mailed by the Federal Government. For instance, information is offered on balances on equal opportunities of women in managerial positions or on the annual Girls' Day, which enables schoolgirls from fifth grade onwards nationwide to obtain information on professions in technology and natural sciences. On the campaign day, enterprises and organisations open up all areas in which women are so far under-represented.

196 A further example of the human rights work of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is formed by the First Action Plan to Combat Violence against Women, which entered into force on 1 December 1999. It constitutes for the first time a comprehensive political programme in which measures taken by the Federal Government to combat violence towards women are systematically summarised, announced and published. This action plan has now been completely implemented and will be continued by Action Plan II to Combat Violence against Women, which was adopted on 26 September 2007.

197 The Antidiscrimination Agency of the Federation has published a guideline to the General Equal Treatment Act containing explanations and examples. This can be ordered free of charge at www.antidiskriminierungsstelle.de or [email protected] . Over and above this, the publication of brochures for employees and for juveniles is planned for 2009. Further, the Antidiscrimination Agency of the Federation is currently constructing an information database to make it easier for everyone who is interested in the topic of discrimination to search for judgments, press releases, research reports and reference material on the topic. The Antidiscrimination Agency of the Federation has also commissioned the drawing up of a picture campaign. In this context, a national poster campaign is being planned in order to increase awareness of the Agency. With the same aim in mind, a short film, which has already been made, is to be launched in German cinemas in the second quarter of 2009. Finally, events and congresses are also to be implemented.

198 The Federal Ministry of Labour and Social Affairs provides extensive information on the

equality of people with disabilities which can be obtained directly from the Ministry or via the Internet ( www.bmas.de ). In particular the brochure entitled “A Guide for People with Disabilities” provides extensive information on all benefits and assistance to which people with disabilities are entitled. The brochure presents care and early diagnosis, medical rehabilitation, schooling and vocational training, vocational promotion and tax breaks, and it also contains excerpts of the corresponding legal texts.

199 In order to support an actual improvement in the opportunities for people with disabilities to participate in working life on the general labour market, the Federal Ministry of Labour and Social Affairs has been coordinating the “Job – Jobs without barriers” initiative since mid-2004. The initiative aims to bring about an increase in employers’ willingness to train, and to improve in-house training available to juveniles with a disability, as well as to improve the employment of persons with serious disabilities, in particular in small and medium-sized enterprises. What is more, in-house prevention to maintain the employability of the staff in enterprises, companies and service units is to be promoted by introducing in- house integration management.

IV. Legal recourse

200 Reference is made to the information provided at B.II.2.a.-d with regard to the implementation of the protection of equality and of non-discrimination.

* * *

84 Annex 3

Statements on the concluding observations on the 16th-18th Reports Overview

In compliance with concluding observation No. 35 on last periodic report, all points raised by the Committee in the concluding observations are addressed in the 19th-22nd Report:

Concluding observation No. Para. in the Report

14 30 15 9 16 57, 84, 159, 165 17 52 18 74 19 111 20 110 21 32, 33 22 123 23 123 24 124 25 143 26 58 27 164 28 107 29 22 30 17, 23 31 2 32 5 33 cf. the observations of the Federal Government on the Committee’s conclusions and recommendations on the last periodic report 34 3 35 4

Bundesministerium des Innern [Federal Ministry of the Interior]

Report from the Federal Republic of Germany to the European Commission

An EU Framework for National Roma Integration Strategies up to 2020 – Integrated packages of measures to promote the integration and participation of Sinti and Roma in Germany –

2011

Table of contents

A) Summary pp. 5-7 B) Significance of the European initiative pp. 8-11 C) General pp. 12-19 I. Limited information about the number, distribution and nationality of Roma in Germany pp. 12-14 1. German Sinti and Roma pp. 12-14 a) Principle of the non-recording of data on ethnic origin in official statistics pp. 12-13 b) Non-official sources p. 13 c) Recording of data in the context of representative surveys p. 13 d) Opposition by the national minorities pp. 13-14 2. Foreign Roma p. 14 II. Differentiation between German Sinti and Roma / foreign Roma pp. 15-19 1. German Sinti and Roma pp. 15-17 2. Foreign Roma pp. 17-19 a) Former civil war refugees pp. 17-18 b) Other third-country nationals p. 18 c) Nationals of EU Member States pp. 18-19 D) Principles applicable to the integration of foreign nationals pp. 20-27 I. Legal bases pp. 20-21 II. National integration policy pp. 21-22 III. Three pillars at federal level pp. 22-27 1. Integration courses pp. 22-24 2. Migration advisory service pp. 24-25 3. Community-focussed, living environment-oriented integration projects pp. 25-27 E) Implementation of the European Roma strategy in Germany through integrated policy packages pp. 28-29

F) Four main areas pp. 30-52 I. Access to education pp. 30-39 1. (Language) teaching during early childhood and at school pp. 31-34 2. Measures to promote the integration in schools of children and young people from migrant backgrounds pp. 34-37 a) Special projects to promote the integration of children and young people in schools p. 35 b) All-day schemes p. 35 c) Work with parents p. 36 3. Vocational education pp. 36-37 4. Recognition of vocational qualifications obtained in other countries p. 38 5. Higher education p. 38 6. Educational research p. 39 II. Access to employment pp. 40-42 1. Objective p. 40 2. Access to the labour market and to schemes to promote employment pp. 40-41 3. Special schemes to promote employment and the role of the European Social Fund pp. 41-42 4. Promotion of self-employment p. 43 III. Access to healthcare pp. 44-46 1. Right of access to healthcare pp. 44-45 a) German Sinti and Roma p. 44 b) Nationals of EU Member States p. 44 c) Third-country nationals pp. 44-45 2. Actual recourse to healthcare pp. 45-46 IV. Access to housing pp. 47-52 1. Social housing support pp. 47-48 2. Housing benefit pp. 48-49 3. Accommodation costs pp. 49-50 4. Social integration/urban development pp. 50-52

Annex 1 Observations of the Zentralrat Deutscher Sinti und Roma e.V. [Central Council of German Sinti and Roma]

Annex 2 Access to education – Examples of projects

Annex 3 Access to employment – Examples of projects

Annex 4 Access to healthcare – Examples of projects

Annex 5 Access to housing – Examples of projects

A) Summary

Germany supports the measures launched under the Hungarian Presidency of the Council of the European Union to improve the situation of Roma1 in Europe (Commission Communication of 5 April 2011, Conclusions of the Employment, Social Policy, Health and Consumer Affairs Council meeting of 19 May 2011 endorsed by the European Council on 23/24 June 2011). The Federal Government is conscious of its particular responsibility in the light of Germany’s history, and pledges to observe the prohibition on the discrimination of ethnic minorities and to comply with the Charter of Fundamental Rights established under Community law and the European Convention on Human Rights. As part of its broadly conceived policy on minorities, German efforts to promote integration take into account the interests of Roma communities. That policy extends beyond raising political awareness to the promotion of democracy, freedom, diversity and tolerance, from broadly based initiatives at federal level to small-scale local integration projects. Powers and responsibilities lie not just with the Federal Government, but – given Germany’s federal structures – also with the Länder and local authorities. The main focuses of this report may be summarised as follows:

Access to education Germany is resolutely committed to greater participation in education and to equal opportunities, in particular for disadvantaged groups. Accordingly, increased investment is being made in early childhood education and care is being taken that every child is given the opportunity to obtain school leaving qualifications or vocational qualifications.

Access to employment Recourse to employment promotion schemes in Germany is not tied to nationality or membership of a particular ethnic group. The special support measures at Land level are problem-oriented, specifically tailored to the different needs of Roma and minority groups from region to region in terms of integration and support and co-financed inter alia using resources from the European Structural Funds.

1 Approximately ten to twelve million people living in the EU identify themselves as Roma, Sinti, Gitanos or Manouches and are united by a common history and culture. In this report, these people will be referred to as ‘Roma’ at European level and as ‘German Sinti and Roma’ and ‘foreign Roma’ in the context of Germany.

Access to healthcare The provision of healthcare to Sinti and Roma residing in Germany is in principle guaranteed by the obligation to belong to the statutory – or a private – health insurance scheme; they have access to the same healthcare and prevention services as those available to any other category of insured persons, with the result that they enjoy guaranteed healthcare.

Access to housing The provision of appropriate, affordable housing is a key objective of the Federal Government’s housing and social policies. The Federal Government’s policy on housing guarantees that housing is provided to all sections of the population and does not differentiate on the basis of ethnic origin. Particular attention is paid to the needs of the Sinti and Roma in some towns and cities in the context of housing and urban development policy.

Views of non-governmental organisations The Federal Government offered the following non-governmental organisations the opportunity to submit their observations on the report: - Zentralrat Deutscher Sinti und Roma e.V. [Central Council of German Sinti and Roma] - Sinti Allianz Deutschland e.V. [Sinti Alliance of Germany] - Amnesty International - Gesellschaft für bedrohte Völker [Society for Threatened Peoples]

The Central Council of German Sinti and Roma availed itself of that opportunity. The organisation welcomes in principle the framework established by the European Union for national strategies to improve the situation of the Roma in Europe. It does however point to the Member States’ responsibility for the integration of the Roma and the need to take account of the particular national circumstances. In its opinion, bearing in mind the above, the evident marginalisation of some Roma cannot be regarded as being characteristic of the minority as a whole. Accordingly, it is the view of the organisation that, rather than a universal approach, what is needed are distinct policies and measures targeted, on the one hand, at German Sinti and Roma in order to implement the Council of Europe’s Framework Convention for the Protection of National Minorities and, on the hand, at refugees and immigrants with a view to resolving questions of status/determining rights of residence,

6 naturalisation etc. For further details, please refer to the observations of the Central Council of German Sinti and Roma contained in Annex 1 to this report.

B) Significance of the European initiative

The term ‘Roma’ is an umbrella term for a multitude of groups of people with similar cultural characteristics, such as language, culture and history. As such, Roma are not a homogenous section of the population but rather a plethora of communities with differing experiences, characteristics and customs. Those differences must be preserved because they enrich the cultural diversity of Europe. It is however true that a diverse social and cultural existence in Europe is conceivable only if minorities and the respective majority population groups can live together in harmony.

Roma make up larger sections of the population in certain countries of Central and Eastern Europe. From the perspective of demographic development, it is notable that the Roma represent the youngest section of the European population living in Europe. Roma are represented in all levels of society, are representatives of all levels of society and occupy positions of responsibility at both a micro and macro scale.

Despite the size and significance of this European population group, the history, culture and language of the Roma are unfamiliar to or only little known by wide sections of the majority populations. A lack of knowledge about and prejudices towards minorities often foster an environment of intolerance, ignorance and exclusion. According to the findings of the European Union Agency for Fundamental Rights, Roma are the most stigmatised, discriminated against and persecuted minority group in Europe2. In many cases, the result is a life lived in socially disadvantaged circumstances with reduced chances of equal access to education, employment, medical care and housing. These multiple examples of marginalisation represent an obstacle which can be overcome only with difficulty, particularly for women and girls. The real living conditions faced by many Roma are therefore often at odds with European values.

The actual living conditions of many Roma communities are frequently perceived as being incompatible with the solid legal framework that exists. The issue has therefore been taken up by European and international players. The measures adopted include Council of Europe

2 European Union Minorities and Discrimination Survey (EU-MIDIS), First Report in the series ‘Data in Focus’, ‘The Roma’ (European Union Agency for Fundamental Rights), p. 2.

recommendations, the OSCE Action Plan on the participation of Sinti and Roma in public and political life and similar World Bank projects. Twelve Central and Eastern European countries in which a greater number of Roma live have agreed to intensify cooperation as part of the ‘Decade of Roma Inclusion 2005-2015’ programme, which is accompanied by the Roma Education Fund. The Open Society Foundation is also actively involved as part of a private initiative. Moreover, a series of further initiatives have been launched by various institutions and organisations.

The European Union now has at its disposal a powerful array of instruments which specifically guarantees inter alia the protection of minorities from discrimination and social exclusion. The values on which the European Union is founded expressly include the protection of human rights, including the rights of people who belong to minority groups. The European Union is working towards achieving full employment and social progress. It combats social exclusion and discrimination of all kinds, promotes social justice and social protection and contributes to economic and social cohesion.

In the past few years, the Member States have gradually intensified the cooperation between them and the exchange of experiences regarding possible ways of improving social and economic integration. Whilst political debate was initially dominated by moves to analyse and take stock of the challenges that exist in Europe, possible solutions to the problems identified are now increasingly coming to the fore. The European Platform for Roman Inclusion and the Roma Summit ensure greater and more effective coordination at all political levels. The level of responsibility and involvement of local authorities, non-governmental organisations and Roma communities have been increased. The Council of the European Union has demonstrated means and ways of making even better use of the existing legal, institutional and financial framework at European, national and local level to achieve sustainable and coherent integration.

Social integration does not just improve the day-to-day situation of the Roma, but also means economic benefits for the Member States. Higher levels of employment and productivity have stabilising effects on budgets and health and welfare systems. In turn, economic integration reinforces social cohesion.

In 2010, the European Heads of State and Government adopted the basis for a realignment of European policy to achieve smart, sustainable and inclusive growth. The ‘Europe 2020 strategy’ sets out the challenges and priorities of political action for the next ten years. One main focus of action is the European Platform against Poverty and Social Exclusion, which is targeted at certain major issues affecting disadvantaged groups and ethnic minorities. On this basis governments and European institutions have together developed proposals for concrete measures. Those measures have been incorporated into the ‘EU Framework for National Roma Integration Strategies up to 2020’, which was approved by the European Council in June 2011.

The EU Framework sets out the political measures and financial instruments to which the Member States should give greater consideration in their future policies. Particular attention is given in this regard to the implementation of possible approaches which already exist. The new strategy stands alongside existing European legislation and policies in the areas of non-discrimination, human rights and freedom of movement. The Member States declared their intention – paying due regard to their particular circumstances – to develop national strategies for Roma inclusion or integrated packages including political measures as part of their broadly conceived policy of social integration, or to update their existing strategies and packages of measures, by the end of 2011. Account is to be taken of the needs of Roma as a general principle and in accordance with the ‘Europe 2020 strategy’, in particular in the areas of education, employment, healthcare and housing. The Commission has been tasked with supporting the Member States in their efforts. The exchange of information and experiences is to be supplemented by a new reporting and monitoring mechanism at national and European level. The Member States intend to submit a report to the European Commission by the end of 2011.

The new political recommendations afford the Member States a broad and far-reaching scope for implementation in order that account may be taken of the national circumstances, the respective percentage of the population made up by Roma and the regional and local needs of the individual Roma communities. The needs of the Roma are included as a cross-cutting issue in those European and national areas in which the diverse and sometimes mutually aggravating problems may be tackled. Furthermore, experience to date shows that the early involvement of local and regional institutions and the Roma communities concerned increases the prospects of successfully achieving sustainable integration. The previous

10 competence and responsibilities of the Member States in relation to social issues remain unaffected.

C) General I. Limited information about the number, distribution and nationality of Roma in Germany

1. German Sinti and Roma According to rough estimates there are some 70 000 German Sinti and Roma (60 000 Sinti/10 000 Roma) living in Germany. These figures are estimates because socio-economic and population statistics data are not collected on the basis of ethnic origin in Germany, there are no non-official sources and a representative survey in the context of the official sample surveys is not possible. a) Principle of the non-recording of data on ethnic origin in official statistics Socio-economic and population statistics data have not been collected on the basis of ethnic origin in the Federal Republic of Germany since the end of the Second World War. The experiences of German history, in particular in connection with the persecution of minorities during the era of National Socialism, are just one of the reasons for this. In addition, the following obstacles preclude the recording of data on ethnic origin in the context of federal statistics:

- German population statistics along with many statistics in the social sector (for example, those relating to welfare payments, education, health etc.) are largely based on analyses of existing administrative documents. Since those documents contain no information about national minorities, corresponding analyses of national minorities cannot be made. - People living in Germany do not have to declare that they belong to a national minority for the purpose of establishing their identity, meaning that the registers of residents also do not contain any related information. - Furthermore, legal arguments may be advanced to oppose the collection of statistical data on the basis of ethnic origin: pursuant to Article 3 of the Council of Europe’s Framework Convention for the Protection of National Minorities3, every person has the right freely to choose to be treated as belonging to a national minority.

3 Bundesgesetzblatt [Federal Law Gazette] 1997 Part II, p. 1406, 1409.

Identification as belonging to a minority is a personal decision of each individual which is not registered, verified or contested by the state. The collection of statistical data on the basis of ethnic origin is also precluded by the Bonn-Copenhagen Declarations of 19554, the Gesetz über die Rechte der Sorben im Freistaat Sachsen5 [Law on the rights of Sorbs in the Free State of Saxony] and the Gesetz zur Ausgestaltung der Rechte der Sorben (Wenden) im Land Brandenburg6 [Law laying down the rights of the Sorbs (Wends) in the Land of Brandenburg]. b) Non-official sources Non-official sources are likewise unable to provide reliable information about the number and areas of settlement of German Sinti and Roma. It is therefore also likely to be difficult to conduct a well-founded, scientific analysis of the number of German Sinti and Roma. c) Recording of data in the context of representative surveys Furthermore, the number of people belonging to national minorities in German is calculated to be a low percentage of the overall population. This fact, coupled with the lack of information about the number of people belong to a national minority and the areas of settlement of those people, mean that reliable information about the number of German Sinti and Roma living in Germany also cannot be obtained from the existing official sample surveys. d) Opposition by the national minorities Finally, the national minorities themselves have objections to the collection of data on ethnic origin relating to the situation of national minorities in Germany. For example, the organisation Domowina-Bund Lausitzer Sorben e.V. [Domowina Association of Lusatian Sorbs] stated in a communication to the Federal Government: ‘it is our view that the collection of reliable date on the situation of minorities is problematic from the perspective of the freedom enshrined in statute to declare that one belongs to the Sorbian people and in view of the mixed composition of the population in the Sorbs’ area of settlement. It is of fundamental importance to us that observance of the obligations under the Framework

4 Bulletin des Presse- und Informationsamtes der Bundesregierung [Bulletin of the Press and Information Office of the Federal Government] 1955, p. 497 et seq. 5 Sächsisches Gesetz- und Verordnungsblatt [Legal and Administrative Gazette of Saxony] 1999, p. 161 et seq. 6 Gesetz- und Verordnungsblatt für das Land Brandenburg [Legal and Administrative Gazette of the Land of Brandenburg] 1994 Part I, p. 294 et seq.

Convention is not tied to the collection of statistical data’7. The Danish minority also expressed doubts: ‘we would like to point out in this regard that, in accordance with the Bonn-Copenhagen Declarations, every person has the right freely to choose to identify with Danish customs and traditions and with the Danish culture, and that choice may not be contested or reviewed ex officio. Accordingly, there is no basis for the statistical survey of this minority group and nor would this be desirable’8.

2. Foreign Roma It is also not possible to determine the number and respective residence status of the foreign Roma living in Germany, since nationalities are recorded in the central register of foreign nationals9 but not ethnic origins and other available sources of data do not differentiate on the basis of ethnicity. Reliable estimates are similarly impossible on the basis of the data available.

7 Third national report produced by the Federal Republic of Germany in accordance with Article 25(2) of the Council of Europe’s Framework Convention for the Protection of National Minorities, paragraph 04045. 8 Third national report produced by the Federal Republic of Germany in accordance with Article 25(2) of the Council of Europe’s Framework Convention for the Protection of National Minorities, paragraph 04046. 9 The central register of foreign nationals contains data on foreign nationals living in Germany.

II. Differentiation between German Sinti and Roma / foreign Roma A distinction must be drawn in Germany between German Sinti and Roma and foreign Roma.

1. German Sinti and Roma The German Sinti and Roma living in Germany are well integrated into society. Together with Danes, Friesians and Sorbs, they are recognised by the German legislature as a national minority within the meaning of the Council of Europe’s Framework Convention for the Protection of National Minorities10. The Convention – which entered into force in Germany in 1998 – prohibits any discrimination of a person because s/he belongs to a national minority and any assimilation against his/her will. It further requires that the Contracting States protect the civil rights and liberties of national minorities.

At federal level there are two organisations which represent the interests of German Sinti and Roma: the Central Council of German Sinti and Roma and the Sinti Alliance of Germany. These organisations have different views on a number of issues, for example in relation to whether or not the term ‘Zigeuner’ [‘gypsy’] should be used. Since the two organisations as yet have not found a way of working together, unlike the other national minorities in Germany there is no Advisory Committee for German Sinti and Roma within the Federal Ministry of the Interior within which the problems currently facing the national minority can be addressed.

Romani is the language of the Sinti native to Western Europe – in particular Germany – and is spoken there by an estimated 60 000 people. It is an independent language deriving from Sanskrit which differs from other Romany languages spoken in Europe. There is the also Romani spoken by some 10 000 German Roma. The Romani language has been protected by the Council of Europe’s European Charter for Regional or Minority Languages11 since 1999. There are, however, no special state bodies or institutions which are concerned with the protection and promotion of the Romani language. This is in line with the prevailing wish of the language group that their language be kept alive exclusively within families and family groups and that it should not be put into writing.

10 The Federal Government signed the Council of Europe’s Framework Convention for the Protection of National Minorities on 11 May 1995. In that connection, the Federal Republic of Germany sent to the Council of Europe an interpretative declaration which laid down the scope of application of the Convention in respect of Germany (Bundestagsdrucksache [Publication of the Federal Parliament] No 13/6912 of 11 February 1997. 11 Federal Law Gazette 1998 Part II, p. 1314 et seq.

The Federal Government’s Commissioner for Culture and Media gives institutional support to the Central Council of German Sinti and Roma and the Cultural and Documentation Centre, which provides information about the fate throughout history and the culture of the Sinti and Roma. Funding of EUR 1.77 million has been set aside for that purpose in the 2011 federal budget. The institutions have inter alia the objective of documenting and communicating the characteristics which make up the identity of the minority, such as language, culture and history, in order thereby to preserve and further develop the culture and to protect their identity.

The Federal Government has appointed a Commissioner for Ethnic German Immigrants and National Minorities, who is the point of contact for all the interests of national minorities. In addition, the national minorities in Germany together operate a Minorities Office in Berlin which represents their interests to the Bundestag [Federal Parliament], the Bundesrat [Federal Council] and the Federal Government and is financed by grants from the Federal Government. Within the Federal Parliament there is a discussion group which brings together representatives from the autochthonous minorities and is led by the Select Committee for the Interior, which is made up of members of the Federal Parliament, government representatives and representatives of the national minority associations.

The Federal Ministry of the Interior regularly organises implementation conferences with representatives of the national minorities and of the competent federal and Land ministries at which the implementation of the Council of Europe’s Framework Convention for the Protection of National Minorities and its European Charter for Regional or Minority Languages is discussed and further developed. The Federal Government involves the minority associations directly in the reports on the Framework Convention and Languages Charter by presenting their views in the same report.

The Federal Government regards coming to grips with and combating discrimination and racism to be a particular challenge. The general problem area is tackled at various levels. For example, the ‘Bündnis für Demokratie und Toleranz – gegen Extremismus und Gewalt’ [Alliance for Democracy and Tolerance – Against Extremism and Violence] established by the Federal Ministry of the Interior and the Bundesjustizministerium [Federal Ministry of Justice] has in the past fostered and continues to foster today close exchanges with the

Central Council of German Sinti and Roma with a view to combating prejudices and discrimination in society jointly. Current problems are also discussed at the meetings of the ‘Forum gegen Rassismus’ [Forum Against Racism], a discussion forum bringing together the Federal Government and non-governmental organisations which is also attended by representatives of the Central Council of German Sinti and Roma.

2. Foreign Roma The foreign Roma living in German can for the most part be divided into three groups, the sizes of which once again cannot be calculated for the reasons stated in the introduction (ethnic origin is not recorded in statistics):

- former civil war refugees; - other third-country nationals; and - nationals of EU Member States (primarily Bulgaria and Romania). a) Former civil war refugees The first wave took place in the mid-1990s when up to 350 000 Bosnian civil war refugees fled from the former Yugoslavia; later in 1999 some 15 000 refugees from Kosovo were admitted into Germany on a temporary basis to receive protection on humanitarian grounds. Today the vast majority of those refugees no longer live in Germany. However, given the prohibitions on deportation which were in force for a long period of time and the living conditions in the country of origin, a non-quantifiable number of former Roma refugees have however remained here to the present day.

Following asylum processes which mostly ended in applications for asylum being refused, some of those Roma refugees were initially granted the status of ‘tolerated persons’. Under German law, that status does not confer a right of residence, but rather suspends the enforcement of a scheduled deportation for as long as that deportation cannot be carried out for reasons of fact or law. Examples of such reasons of fact and law include the lack of a passport, the absence of deportation options and threats to life or natural disasters in the country to which the person is to be deported. However, some temporary residence permits were also issued on humanitarian grounds. When the civil war ended many of those temporary residence permits were not extended, with the result that a further group of people were (initially) assigned ‘tolerated person’ status.

Foreign nationals with ‘tolerated person’ status initially receive reduced benefits under the Asylbewerberleitungsgesetz [Asylum Seeker Benefit Act] (‘core social assistance benefits’, in particular for food, accommodation, heating, clothing and monetary payments to cover personal essentials) for a period of 48 months. They also have a right to receive basic medical care. After that period, the receipt of welfare benefits is determined in accordance with the Book Twelve of the Sozialgesetzbuch [Social Security Code], which also applies to German nationals. However, foreign nationals with ‘tolerated person’ status cannot access the opportunities for integration set out in Chapter D on account of their non-secured residence status.

German law on foreign nationals provides for several ways in which a foreign national with ‘tolerated person’ status may be “legalised” (‘grandfather clauses and right of continued residence rules’). Former civil war refugees were also able to benefit from those provisions, provided that they satisfied the necessary integration requirements (see, for example, the requirements relating to language skills or the securing of a livelihood laid down in § 104a of the Aufenthaltsgesetz [Residence Act] (‘AufenthG’)).

b) Other third-country nationals For the reasons stated above, no more detailed information is available on the number of other Roma who are nationals of non-EU Member States and who, for example, came to Germany via the process of family reunification. Provided that these persons have a secured residence status, the opportunities for integration set out in Chapter D are available to them. Where they have the status of ‘tolerated persons’ and a return to their country of origin in the future is at least theoretically possible, the statements made above in relation to former civil war refugees apply to them equally. They are therefore entitled to benefits under the Asylum Seekers Benefits Act, including basic medical care. c) Nationals of EU Member States A large number of the Roma living in Germany are EU citizens, who have often come to Germany from the new accession countries (Bulgaria and Romania) only in the past few years. As citizens of the Union, they enjoy freedom of movement throughout the EU (Article 21 TFEU). If they have a valid ID document, their freedom of movement for a period

of up to three months is not subject to any conditions or requirements (see § 2(5) of the Freizügigkeitsgesetz/EU [EU Freedom of Movement Act]).

A right to freedom of movement for a period of more than three months is enjoyed by workers or self-employed persons as well as – subject to certain conditions – EU citizens who are seeking employment (§ 2(2) of the EU Freedom of Movement Act). Unemployed persons and students from EU Member States have a right to freedom of movement if they (and their family members) have sufficient resources and sickness insurance cover (§ 4 of the EU Freedom of Movement Act).

If these requirements for the exercise of the right to freedom of movement are no longer met, the competent authority with responsibility for foreign nationals may – following a careful examination of the individual case in question – find that the right to freedom of movement has been lost (see § 5(5) of the EU Freedom of Movement Act). The EU citizens affected are then required to leave the country (see § 7(1) of the EU Freedom of Movement Act). In very limited circumstances laid down in statute, a finding that the right to freedom of movement has been lost may also be made where the individual concerned poses a threat to public security (see § 6 of the EU Freedom of Movement Act).

Even if they reside in Germany for more than three months, EU citizens cannot be required to participate in integration measures. They may, however, attend the integration courses set out in Chapter D on a voluntary basis if there are sufficient places available.

D) Principles applicable to the integration of foreign nationals The purpose of promoting integration is to ensure immigrants who have prospects of remaining in the country enjoy equal opportunities and are able to participate in the economic, social, cultural and political life of the country on an equal footing12. The entire regulatory framework is arranged so as to create favourable conditions for the integration of immigrants and to promote their inclusion. In this context, integration is regarded as a two-way process. The central guiding principle of integration policy in Germany is ‘Fördern und Fordern’ [‘support and demand’]. The starting point for integration policy – from the perspective of the willingness of the majority society to accept immigrants as well as the readiness of immigrants to integrate – is for immigrants to understand and observe the rules of the host country and to work towards their own integration.

I. Legal bases The main bases for the organisation of the Federal Government’s integration policy are the Zuwanderungsgesetz [Immigration Act], the key components of which are the Residence Act and the Freizügigkeitsgesetz [Freedom of Movement Act] (AufenthG13 and FreizügG14 respectively), the Staatsangehörigkeitsgesetz [Nationality Act] (StAG)15 and the Bundesvertriebenengesetz [Federal Displaced Persons and Refugees Act] (BVFG)16. The minimum framework governing the opportunities for integration offered by the Federal Government is practically laid down in statute in those acts. Distinctions are drawn in those acts between foreign nationals with and without prospects of remaining in the country, and between EU citizens, third-country nationals and ethnic German immigrants. Integration measures are offered to all immigrants lawfully resident in Germany with prospects of remaining in the country on a permanent basis.

In principle, integration measures are to be implemented shortly after the individual’s entry into Germany or even in the form of an advance integration process in the country of origin.

12 For tried and tested integration processes within the European Union, see also: Handbook on Integration for Policy-Makers and Practitioners, Directorate-General for Justice, Freedom and Security, European Commission. 13 Federal Law Gazette 2008 Part I, p. 162 et seq., as last amended by Article 1 of the Law of 23 June 2011 (Federal Law Gazette 2011 Part I, p. 1266 et seq.). 14 Federal Law Gazette 2004 Part I, p. 1950, 1986 et seq., as last amended by Article 2 of the Law of 23 June 2011 (Federal Law Gazette 2011 Part I, p. 1266, 1268). 15 Federal Law Gazette 2010 Part I, p. 1864. 16 Federal Law Gazette 1971 Part I, p. 1565 et seq., as last amended by Article 1 of the Law of 4 December 2011 (Federal Law Gazette 2011 Part I, p. 2426).

However, by means of ‘catch up’ integration, integration measures are also available to immigrants who have already been living in Germany for a long period of time but are still not fully integrated.

With regard to the integration measures adopted in Germany, no distinction is drawn between migrants on the basis of their national, ethnic or religious origin. Accordingly, there are no specific integration measures for foreign Roma. All the integration measures offered to lawfully resident migrants with prospects of remaining in the country are available to them. The decisive factor is the individual’s need for integration and not his/her membership of a particular immigrant group.

II. National integration policy The National Integration Plan launched in 2007 placed immigration policy in Germany on a new basis: all levels of authority – federal, Land and local – as well as representatives of civil society and migrants agreed on a sustainable integration policy. This approach is currently being continued through the ‘National Action Plan on Integration’: a total of eleven subject areas are looked at jointly in ‘dialogue forums’ by representatives of the Federal Government, Länder and migrant organisations, and specific, verifiable targets, measures and tools to achieve them are agreed. The dialogue forums are led by the competent federal ministries in the specialist field in question. The following subject areas form the main focuses of the 11 dialogue forums: support in early childhood (1), education, training and further education (2), labour market and employment (3), migrants in the public service (4), health and healthcare (5), integration at local level (6), language – integration courses (7), sport (8), citizenship (9), media (10) and culture (11). The ‘National Action Plan on Integration’ is expected to be presented to the public by the Federal Chancellor at the 5th Integration Summit in early 2012.

The Residence Act lays down in statute the task of establishing the existing integration measures offered at federal, Land and local authority level and by private-sector bodies and drawing up recommendations for their further development (§ 45(2) of the AufenthG). The nationwide integration programme17 drawn up by the Bundesamt für Migration und Flüchtlinge [Federal Office for Migration and Refugees] together with various different

17 Published on 8 September 2010.

21 stakeholders involved in the promotion of integration contains around 150 recommendations for the further development of the existing integration measures available in the fields of promoting language skills, education and integration into society.

The National Integration Plan, the National Action Plan and the nationwide integration programme arose out of a process of dialogue. Departments at federal and Land level and representatives of the local authorities contributed to that process. Migrant organisations and representatives of the world of academia, sports associations and civil society are also involved as equal partners in the review and optimisation of the practice of promoting integration. Great importance is placed on the involvement of civil society in the planning and implementation of integration measures. It is impossible to imagine the implementation of the federal integration measures described below without the support of stakeholders from civil society.

III. Three pillars at federal level Within the federal structure of the responsibilities of the state, the Federal Government primarily has a legislative function whilst it is for the Länder to implement the laws. Integration policy is a cross-cutting issue which concerns various areas of policy at federal and Land level. The 16 Länder in Germany have in the past adopted general concepts and guidelines in the field of integration policy which bring together and co-ordinate the diverse measures which they implement on an individual basis. Integration is, however, ultimately put into effect locally, meaning that the local authorities are assigned a particular role as stakeholders of integration policy. Independent towns and cities, districts and municipalities are likewise charged with integration-related tasks through the commitment of personnel and financial expenditure.

The information which follows is intended to present only the integration measures at federal level. In the context of integration, the Federal Ministry of the Interior implements certain integration measures at its own initiative and – together with the Federal Office for Migration and Refugees – has an independent authority to carry out tasks laid down in statute and projects.

1. Integration courses

The Residence Act (§ 43 of the AufenthG) obliges the Federal Government to support efforts to include foreign nationals by providing basic opportunities for integration. The basic opportunities provided take the form of integration courses, which have been expanded to establish a nationwide comprehensive course system.

These courses are the principal means adopted by the Federal Government to support integration policy. In addition to the 600-hour to 900-hour language course, immigrants are taught about the country, its history and social order in Germany as part of the 45-hour orientation course. There are special courses for women, parents, young people, quick learners and the illiterate. The teaching is provided on the basis of uniform standards (in state-run adult education centres and in the case of private course providers).

Migrant workers, self-employed persons, family members, people entitled to asylum, refugees under the Geneva Refugee Convention (GRC) and Jewish immigrants covered by § 23 of the AufenthG have a legal right to attend an integration course. EU citizens, children and young people receiving schooling and new immigrants from third countries with a discernibly low need to be integrated have no such entitlement. If they are not entitled to attend such courses (for example in the case of EU citizens, § 11 of the FreizügG) or no longer so entitled (for example foreign nationals who have lived in Germany for a long period of time, § 44(2) of the AufenthG), they may be allowed to attend if there are places available (§ 44(4) of the AufenthG).

The right of attendance equates to an obligation to attend where the foreign national speaks an inadequate level of German, or receives benefits under Book Two of the Social Security Code18 or has a particular need to be integrated (§ 44a(1) of the AufenthG). Failure to comply with the obligation to attend may have consequences for the individual’s residence status or result in his welfare benefits being cut. The obligation to attend does not apply to young people in education or training or to foreign nationals who can prove they have attended similar courses or for whom attendance in the long term is impossible or unreasonable.

18 Federal Law Gazette 2003 Part I, p. 2954, 2955 et seq. in the version of the publication of 13 May 2011 (Federal Law Gazette Part I, p. 850 et seq.), as last amended by Article 3a of the Law of 20 June 2011 (Federal Law Gazette Part I, p. 1114, 1121).

On successful completion of the integration course, a legal right to nationalisation exists after only seven years rather than eight19. One further advantage is that the successful completion of the course is regarded as proof of language skills, a basic knowledge of the legal and social order and the living conditions within the federal territory in connection with the issue of a settlement permit or a permanent EU residence permit.

The integration course is currently funded by means of EUR 218 million of federal resources each year. More than 51 500 courses have begun since 2005 and over 410 100 participants have already completed the course. Sufficient knowledge of German is a requirement for the successful completion of the course and an essential pre-requisite for successful integration in order to benefit from educational opportunities and available jobs on the labour market. The integration courses – which include the orientation courses – are therefore also likely to prove to be a good basis for satisfying the requirements to acquire German citizenship if an immigrant opts to become naturalised as a result of his integration.

2. Migration advisory service A further important ‘pillar’, which supplements the integration courses and represents a fixed component of the regulatory framework under the Residence Act (§ 45 of the AufenthG), are the federally-funded migration advisory services for adult immigrants and the youth migration services.

The providers of the migration advisory services for adult immigrants are charitable organisations. Those service providers initiate, control and track the integration process and offer their services within a restricted timeframe of a maximum of three years. Through the provision of professional advice tailored to the individual, which as a rule takes place shortly after their entry into the country, immigrants are empowered to act independently within their new living environment. The migration advisory services for adult immigrants consist of an advisory network with more than 600 locations nationwide and provide help and support to around 50 000 people each quarter. The service providers guarantee a holistic approach – which is essential for successful integration – by the provision of advice specific to the individual, the development and implementation of a support plan and the long-term

19 § 10(3) of the StAG.

assistance of migrants. The main focuses of the advice provided are: the acquisition of German language skills, education, professional qualifications and employment, the formal recognition of school leaving, university or vocational qualifications obtained in another country, aid in difficult economic, social and psycho-social circumstances and difficult family circumstances. The service providers seek to empower the immigrants to act independently within their new living environment and limit their dependency on state welfare benefits to the minimum amount necessary. The migration advisory services for adult immigrants were funded by federal resources of EUR 25.2 million in 2011. This is in addition to the own resources of the service providers of around EUR 5 million per annum.

The youth migration services are operated by the providers of youth social work services. At more than 420 centres nationwide, teams of specialists provide support to young people on many levels with a view to making them active members of society and giving them equal opportunities and the ability to participate in society. Increasing the skills of the young migrants and their integration in education/training and the labour market are key objectives in that regard. Each year individual support is provided to some 66 000 young people, more than 31 000 of whom have an integration support plan. Youth migration services are also seen as a point of interface with the local mainstream institutions and cooperate in various networks and with all relevant agencies working in the field of integration; cooperation with schools, businesses and in particular parents also has a very important role to play. In addition, the youth migration services assist those undertaking the integration language courses provided for in § 45 of the AufenthG by providing socio-pedagogical support.

3. Community-focussed, living environment-oriented integration projects Community-focussed, living environment-oriented integration projects form the third ‘pillar’ of the integration measures implemented by the Federal Ministry of the Interior. In 2011, EUR 21.18 million of federal budgetary resources were allocated to such projects. The main focuses of the funding are projects to promote the social integration of immigrants within the local community. The objectives pursued by the projects supported are as follows:

- to establish contact between local people and immigrants; - to increase the level of acceptance amongst the local population;

- to motivate immigrants to help themselves, to consolidate that ability and to boost their personality and skills; - to involve migrant organisations; - to engage with local institutions and opportunities available; and - to further develop integration activity though model projects.

The starting point for the projects funded is the place where the immigrants live and encounter local people in their day-to-day life, i.e. in the institutions and associations in the local neighbourhood. There is a diverse range of integration projects run by different providers. In addition to migration organisations, a significant number of such projects are run by charities (for example, Caritas [Catholic charitable organisation], Diakonie [charitable organisation affiliated with the German Evangelical Church], Arbeiterwohlfahrt [Workers’ Welfare Association], Deutscher Paritätischer Wohlfahrsverband [German Parity Welfare Association], Zentrale Wohlfahrtsstelle der Juden in Deutschland [Central Welfare Office of German Jews]) and the local authorities. The advantage of involving migrant organisations as project leaders is that they can act as an important bridge between the immigrants and the majority society.

The promotion of projects in the area of sport occupies a special role. Sport – particularly club sports – harbour great potential for integration: democratic participation and community-focussed citizenship are part of day-to-day life in clubs and associations. Through playing sport and taking part in the various social activities, values such as team spirit, fair play and mutual respect are imparted and learnt, and those values have a positive impact on behaviour in daily life. The ‘Integration durch Sport’ [‘Integration through Sport’] programme run by the Deutscher Olympischer Sportbund [German Olympic Sports Federation] will receive federal funding of EUR 16.2 million in total for the years 2011 to 2013. The aim of the programme is to encourage immigrants to play sport on a regular basis as members of clubs and associations (integration into sport) and to support their integration into the host society and living environment (integration through sport).

In addition to the above, integration projects targeted specifically at young people are offered to young people from migrant backgrounds in accordance with the guidelines on the social integration of immigrants. These projects are commissioned by the Bundesministerium für Familie, Senioren, Frauen und Jugend [Federal Ministry of the Family, Senior Citizens,

Women and Young People] and put into effect by the Federal Office for Migration and Refugees. Measures to promote social integration are the main focus of the projects. With around 200 projects and total funding in excess of EUR 6 million each year, the integration of young people, their participation in the social, economic and cultural life of the community on an equal footing and the mutual acceptance of those from and those not from migrant backgrounds are supported by measures which vary in their focus.

E) Implementation of the European Roma strategy in Germany through integrated policy packages In the negotiations within the Council on a new EU Framework for National Roma Integration Strategies up to 2020, Germany made clear that it concurs wholeheartedly with the basic policy statements on the sustainable participation and integration of Roma made in the European Commission’s Communication of April 201120. Germany supports the fact that the necessary measures are to be adopted by the Member States themselves, since competence and responsibility for the economic and social integration and participation of minorities rest with them.

In addition, Germany spoke in favour of the EU Framework being structured in such a way that it takes into account the different conditions and percentages of the population made up by Roma in the Member States. The Member States should therefore retain broad freedom of action when choosing, structuring and deploying suitable national policies, instruments and processes. A universal policy approach (‘one-size-fits-all’) would be inconsistent with the heterogeneous conditions which actually exist within Europe.

Consequently, the Council21 leaves it to the Member States to decide whether to develop national strategies for Roma inclusion or integrated packages including political measures in the context of their broadly conceived policy, or to update their existing strategies and packages of measures22. The Federal Government has opted to present its integrated policy on minorities and the efforts to integrate German Sinti and Roma and foreign Roma in a report, a report which must take as its starting point inter alia the paramount requirement of equal treatment laid down in the German constitutional and legal system and the comprehensive integration opportunities available.

According to rough estimates there are some 70 000 German Sinti and Roma living in Germany; these minority groups consider themselves to be well integrated into society. A specific Roma strategy is not required in Germany. Nor is a national strategy necessary for

20 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – An EU Framework for National Roma Integration Strategies up to 2020 of 5 April 2011; http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0173:en:NOT. 21 The Employment, Social Policy, Health and Consumer Affairs Council. 22 OJ 2011 C 258, p. 6.

those foreign Roma who come to Germany as immigrants or refugees and have a right of permanent residence. This is because these people have access to the same integration programmes as other groups of foreign nationals. It must also be borne in mind that the representatives of the German Sinti and Roma have not asked for a national strategy, rather they expect political action which is targeted at the specific problems faced. An exclusive strategy based on economic and social problems could encourage the marginalisation or exclusion of the Sinti and Roma.

The stance adopted by the Federal Government in this regard does not mean however that measures offered by the state do not – for example – target policy areas which are of particular significance inter alia for the Sinti and Roma in Germany. Further details in this regard may be found in the sections that follow and in Annexes 2 to 5. These sometimes very specific measures and activities tailored to the circumstances which exist locally are consistent with the principle of not recording data on ethnic origin, since the decision to make use of the support offered rests with each individual.

Given the monitoring mechanisms which already exist for the Council of Europe Framework Convention for the Protection of National Minorities (FCNM), namely the European Commission against Racism and Intolerance (ECRI) and the Committee on the Elimination of Racial Discrimination (CERD), which regularly evaluate inter alia the situation of the Sinti and Roma, Germany does not consider it necessary – in any event as far as Germany is concerned – to establish an additional monitoring process for the ‘Roma strategy’. The Federal Ministry of the Interior is the contact point for monitoring relating to the FCNM, and the Federal Ministry of Justice plays the corresponding role for monitoring by the ECRI and CERD.

F) Four main areas I. Access to education A basic right to education may be inferred from the fundamental rights and principles laid down in the Grundgesetz [Basic Law] of the Federal Republic of Germany. The principle of equal treatment requires that people are not disadvantaged or favoured on account of their sex, parentage, race, language, homeland and origin, faith, religious or political opinions or a disability with regard to access to education.

It is not possible to make substantiated statements concerning the level of education of Sinti and Roma children in Germany, since details of ethnic origin are not recorded in German education statistics. Some clues are however provided by a recent study into the situation in Germany23 and the European Parliament study presented in January 2011 entitled ‘Measures to promote the situation of Roma EU citizens in the European Union’24.

There are a good many programmes in Germany which focus on improving the integration of disadvantaged groups within the education system. Sinti and Roma have access to the programmes offered on a non-discriminatory basis. In accordance with the allocation of responsibilities laid down in the Basic Law, the improvement of the educational situation of disadvantaged groups is primarily a matter falling within the competence of the Länder.

All the measures to support individual learning available to all other pupils – and in particular children and young people from migrant backgrounds – are available to the children of all Sinti and Roma in the Länder. They are therefore included in the general measures to prevent children from dropping out of school too early and support individual (language) learning, in the main by introducing measures to promote (language) learning in schools, working more with parents in schools, involving significant numbers of support staff from within schools and the wider educational environment (teaching assistants, school psychologists, youth social workers in schools) in school counselling and the promotion of learning, and providing greater support for career-oriented measures. In addition, target group-specific support schemes for Sinti and Roma are in place in a number of Länder (Annex 2).

23 Daniel Strauß (ed.): Studie zur aktuellen Bildungssituation deutscher Sinti und Roma [Study into the current educational situation of German Sinti and Roma]. Documentation and research report. Marburg 2011. 24 Directorate-General for International Policies, Policy Department C: Citizens’ Rights and Constitutional Affairs, ‘Measures to promote the situation of Roma EU citizens in the European Union’ – Country Reports, 2011.

The Federal Government also attributes great significance to improving the participation in education and the educational success of groups with particular support needs, and focuses in this connection on early childhood education and on measures which seek to ensure that every young person obtains school leaving qualifications or vocational qualifications. In 2011, as part of the action plan to implement the National Integration Plan, the Federal Government, the Länder and organisations from civil society (in particular migrant organisations representing the main immigrant groups in Germany) updated and further developed the self-commitments laid down in the National Integration Plan through the addition of clearly defined objectives and binding target indicators inter alia in the area of ‘education, training and further education’, thereby once again paving the way for improvements to the integration of migrants into the education system. As part of the continuing implementation of the plan, the main focuses of the Länder are individual support and language teaching for children and young people, cooperation with parents and the migrant organisations and the intercultural opening of day-care centres and schools. The Federal Government is focussing in particular on improving the basic conditions for education, on measures to increase the permeability of the education system and to improve the organisation of the transitions between stages of education, and on quality assurance measures.

1. (Language) teaching during early childhood and at school Improving the education, teaching and support of children during their pre-school years is a core objective of both education and social policy. Emphasis is placed in this connection primarily on the further qualitative improvement of measures which already exist. On the basis of the 2004 ‘Gemeinsamer Rahmen der Länder für die frühe Bildung in Kindertageseinrichtungen’ [Joint regional framework for early education in day-care centres], all the Länder have now drawn up education plans and agreements. Through those plans and agreements they are intensifying efforts to educate children in day-care centres and guaranteeing greater cooperation with the primary school sector. The acquisition of basic skills and the development and expansion of personal resources are core objectives.

Language teaching plays an important role in that connection. To support that teaching, schemes to get parents involved are being extended and concepts are being developed to intensify cooperation between schools, parents and child welfare services. Efforts are also

31 being made to improve the training of teachers, inter alia by offering additional further education opportunities.

The Federal Government, Länder and local authorities have set themselves the target of extending childcare in line with demand, in particular for children under the age of three. From August 2013, on reaching the age of one each child will be legally entitled to support at a day-care centre or in day care. In so doing, it is also their joint aim – not least in view of the increasing number of children from migrant backgrounds – to improve access to early years education opportunities for all children and to further develop the support for early childhood education.

The Federal Government is contributing a total of EUR 4 billion between now and 2013, and thereafter EUR 770 million each year, towards the costs of extending the childcare facilities available for children under the age of three. This funding is being made available both to increase the number of places available and to meet the resulting additional operating costs to ensure the quality of care.

In addition, the Federal Government also supports the Länder, local authorities and service providers in their constant efforts to further develop and improve the quality of childcare, for example by means of the ESF-funded ‘Aktionsprogramm Kindertagespflege’ [‘Action programme – Day care’] and the ‘Weiterbildungsinitiative Frühpädagogische Fachkräfte’ [‘Further Education Initiative for Early Education Professionals’].

Through the initiative ‘Offensive Frühe Chancen’ [‘Early Opportunities Offensive’], the Federal Government provides wide-reaching support to improve the quality of language teaching, in particular for children under the age of three. Approximately EUR 400 million have been made available for the initiative from 2011 to 2014 in order to turn 4 000 centres – particularly those in socially deprived areas – into ‘day-care facilities focussing on language skills and integration’. The various initiatives to support language learning in the Länder range from pre-school schemes to establish language ability and language development support to language teaching at primary and lower secondary levels and job-related and specialist language teaching at vocational schools. In addition, the parents of children from migrant backgrounds are purposely involved in the language learning.

The Länder are of the view that a well-structured transition from day-care centres to primary school makes a significant contribution to a child’s successful development. Particular significance is attributed in this regard to the cooperation between day-care centres and primary schools. Accordingly, in the 2009 joint decision ‘Den Übergang von der Tageseinrichtung für Kinder in die Grundschule sinnvoll und wirksam gestalten – Das Zusammenwirken von Elementarbereich und Primarstufe optimieren’ [‘Practical and effective arrangement of the transition from child day-care centres to primary schools – Optimising the cooperation between the early years and primary sectors’], the Standing Conference of Ministers for Education and Cultural Affairs and the Standing Conference of Ministers for Young People once again pointed to the significance of this so important stage in every child’s education. In that decision they agreed on common principles which can serve as guidelines for the educational establishments involved, their employees and parents. One such principle is the reliable promotion of German language skills.

Preparatory classes and pre-school courses are offered to pupils from migrant backgrounds. Opportunities outside schools, such as language learning camps, language teaching in the afternoons or at weekends or remedial lessons for children and young people from migrant backgrounds at the lower and upper secondary levels supplement the measures on offer in schools.

Alongside the acquisition of the German language, the Länder recognise the importance of multilingualism for all children and young people. This includes the languages of the countries of origin and languages spoken at the home of children from migrant backgrounds, with the result that there are opportunities available in the Länder in a variety of mother tongues both inside and outside schools.

Particular importance is placed on different learning options, additional remedial lessons and special help with homework in primary and secondary schools. In many Länder, additional educational facilities have been introduced in schools with a high percentage of pupils from migrant backgrounds and from socio-economically disadvantaged families. Intercultural education is a fixed component of the syllabuses followed in the Länder and is also often enshrined in school programmes. Furthermore, aspects of intercultural education are increasingly being incorporated into the teacher training programmes at Land level.

Within the framework of the work of the Standing Conference of Ministers for Education and Cultural Affairs, the question of support for Sinti and Roma in schools is also discussed in the context of the ‘teaching of children of occupational travellers’. In Germany, people with responsibility for issues relating to the schooling of children of occupational travellers have now been appointed in all education and cultural affairs ministries, and such appointments have also been made within the school administrative structures in most Länder.

2. Measures to promote the integration in schools of children and young people from migrant backgrounds School attendance is compulsory in Germany; depending on the Land, the duration of compulsory schooling ranges from nine to twelve years or until the child reaches the age of 18. In Germany, compulsory school attendance is subdivided into a full-time requirement (general requirement to attend school) and a part-time requirement (requirement to attend vocational school)25. The Länder have adopted a variety of measures in relation to school absenteeism and to prevent children from dropping out of school too early with a view to enforcing the general requirement to attend school.

The Länder want to further reduce the number of pupils leaving school without any qualifications in all areas of education, to secure the transition from the lower secondary level to the next educational/vocational level and to cut the number of drop-outs from training courses. To that end, in 2007 the Standing Conference of Ministers for Education and Cultural Affairs adopted a ‘framework for action to reduce the number of pupils leaving school without any qualifications, to secure transitions between the lower secondary and next educational/vocational level and to cut the number of drop-outs from training courses’, which includes specific measures detailing how those objectives are to be achieved.

The framework for action lays down measures inter alia to provide individual support in particular to disadvantaged children and young people and those from migrant backgrounds. Efforts to expand the availability of all-day schemes, especially for those pupils who are in

25 The general requirement to attend school usually begins for all children once they reach the age of six and normally amounts to nine years of full-time schooling. Thereafter, those young people who do not attend a school providing a general or vocational education on a full-time basis in the upper secondary level of the education system are subject to the part-time requirement to attend school (requirement to attend vocational school). That requirement generally amounts to three years of part-time schooling, and is governed by the duration of the apprenticeship for a recognised skilled occupation.

34 particular need of support, are being continued with increased vigour. Interaction with the world of work is being intensified in lower secondary education. Networks of partners from within schools and outside the school system are intended to assist in the provision of support. The training and further education of teachers is to be improved with regard to the theory and psychology of learning. Pupils who risk not obtaining school leaving qualifications are to be provided with special assistance in order to achieve those qualifications. The vocational orientation of the support provided is being consolidated.

In order to push ahead decisively with the measures to support less able pupils, the Standing Conference of Ministers for Education and Cultural Affairs agreed a joint support strategy in March 2010. The aim of that strategy is to improve the support provided to less able pupils so that the percentage of pupils who at the end of their time in education have not achieved a minimum level of skills development is significantly reduced. In this way, it is intended that at the same time the chances of obtaining school leaving qualifications and the degree of successful participation in professional and social life are increased for all pupils. a) Special projects to promote the integration of children and young people in schools In addition to the support available to all children and young people, appropriate target group-specific assistance also exists for Sinti and Roma. A list of examples of projects to promote the integration of Sinti and Roma children and young people in schools is provided in Annex 2. A distinction must be drawn between the Sinti and Roma with German nationality and the Roma who have come to Germany in increasing numbers in recent times from the countries of South Eastern Europe. The integration in schools of the latter group often represents a major challenge for the Länder, since children and young people from that group are for the most part neither literate nor accustomed to attending school. b) All-day schemes Increasing the availability of all-day schemes is viewed by many Länder as an opportunity for integration. This likewise applies to increasing the assistance provided to children and young people from migrant backgrounds and intensifying cooperation with institutions from outside the school system. The Federal Government supports increasing the availability of all-day schemes inter alia by funding related research and developing quality assurance tools.

c) Work with parents Since essential prerequisites for a child’s later educational success are acquired in the home, measures to assist children in their early years must also involve parents. Through the federal programme ‘Elternchance ist Kinderchance – Elternbegleitung der Bildungsverläufe der Kinder’ [‘Opportunities for parents are opportunities for children – supporting parents through the stages of their children’s education’], 4 000 full-time and part-time specialists in family education will become qualified as ‘parent support workers’ between 2011 and 2014. Parent support workers are intended to be on hand to offer expert advice to families on the education and development of their children within close proximity of the day-care facilities focussing on language and integration. Their aim is to make it easier in future for parents to gain access to the education system as part of their day-to-day family life.

The Länder have adopted numerous individual measures and launched specific projects to improve the active cooperation between home and school. The Länder will also continue to launch new initiatives in this area, since great significance is placed on the cooperation between parents and schools. High importance is attached by the Länder to cooperation with the representatives of organisations which support people from migrant backgrounds in their role as mediators between home and the education authorities, in particular in connection with maintaining contact with parents and supporting the provision of information by the education authorities. Cooperation with the parents is also a main focus of pedagogical work. German courses for parents, parent seminars, dialogue forums, special advisory services for parents and information available in a variety of languages all have a role to play.

This individual support is provided in schools by specially trained teachers who act as parent counsellors, mentors and integration support workers. These teachers build up a close partnership based on trust between home, school and partners from outside the school system, and guarantee the implementation of all measures adopted by schools to ensure the successful integration and best possible success in education of every pupil.

3. Vocational education In early 2009, the partners under the Nationaler Pakt für Ausbildung und Fachkräftenachwuchs in Deutschland [National Pact for Training and Young Skilled Workers in Germany] – the Federal Government, the Bundesagentur für Arbeit [Federal Employment Agency], the Standing Conference of Ministers for Education and Cultural

Affairs and the Federal Government’s Commissioner for Migration, Refugees and Integration – set out measures to improve the training and educational prerequisites and opportunities for young people from immigrant families in the joint declaration ‘Potenziale erschließen, Integration fördern’ [‘Harnessing potential, promoting integration’]. The aim of the pact is to offer every young person willing and able to undertake training the ability to obtain a vocational qualification and to increase significantly the number of young people from migrant backgrounds receiving training.

The Bundesministerium für Bildung und Forschung [Federal Ministry of Education and Research] supports the aims of the training pact by means of a wide range of measures which benefit inter alia young people from migrant backgrounds. These measures include:

- the successful JOBSTARTER training programme funded by the European Social Fund (ESF) to improve regional training structures and encourage undertakings to offer training; - the ESF programme JOBSTARTER CONNECT, which tests out the nationally-standardised training modules to involve young people in on-the-job training at an early stage and to introduce them to external assessments; - the VerA initiative to prevent people from dropping out of training courses and to provide greater assistance to young people in their vocational training by means of training support workers; - the ESF programme ‘Perspektive Berufsabschluss’ [‘Perspective on Vocational Qualification’] to promote regional structures for cooperation in connection with the transition from school into training (regional transition management) and to enable semi-skilled and unskilled individuals to obtain qualifications at a later stage (modular courses focussing on the achievement of qualifications at a later stage); - the initiative ‘Abschluss und Anschluss – Bildungsketten bis zum Ausbildungsabschluss’ [Qualifications and Transition – Education Chains Leading up to Successful Completion of Training] which provides coordinated support. The ‘education chain’ includes early analyses of potential in schools, a practical experience-oriented vocational focus and all-round support and individual assistance in connection with starting a career for young people who are at risk of obtaining no qualifications from grade 7 until they achieve a vocational qualification.

4. Recognition of vocational qualifications obtained in other countries The recognition of vocational qualifications obtained in another country which assist the integration of migrants into the German labour market is also important for foreign Roma who are German immigrants. In September 2011, the Federal Parliament passed the bill for a law to improve the identification and recognition of vocational qualifications obtained in other countries26 (Recognition of Qualifications Act), which was approved by the Federal Council in November 201127. The law greatly extends an individual’s legal rights to a procedure for the recognition of qualifications and lays down fundamental procedural rules. In order to guarantee the successful implementation of the law and to achieve a sustainable improvement in the practice of recognising such qualifications, provision is made for measures to accompany the law. Some of those measures are focussed on achieving greater uniformity and standardisation with regard to administrative enforcement, others are geared towards providing better information and advice to those seeking recognition of their qualifications. The law is due to come into force in March 2012.

5. Higher education Increasing the participation in education by all sections of the population is also a major objective of education policy in the area of higher education. Measures adopted by the Federal Government, such as the educational grant provided for in the Bundesausbildungsförderungsgesetz [Federal Act on Educational Grants] (BAföG)28, the establishment of foundations providing scholarships to talented people from thus far underrepresented groups – therefore including students from migrant backgrounds – and since February 2011 the Deutschlandstipendium (‘Germany scholarship’), also contribute to that aim.

The integration of foreign students is promoted by the PROFIN programme. Under the programme AQUA (‘Akademikerinnen und Akademiker qualifizieren sich für den Arbeitsmarkt’) [‘Graduates obtaining qualifications for the labour market’], particular assistance is provided to university graduates from migrant backgrounds to support their integration into the primary labour market.

26 Publication of the Federal Parliament No 17/6260. 27 Publication of the Federal Council No 606/11(B). 28 Federal Law Gazette 2010 Part I, p. 1952 et seq.

6. Educational research The educational situation of both German Sinti and Roma and foreign Roma in Germany is not expressly a focus of the educational research funded by the Federal Government. However, the aim of the framework programme launched by the Federal Ministry for Education and Research in 2007 to promote empirical research into education by means of (at present) more than 180 research projects is to improve the performance of the education sector, remove disparities within the education system and reduce the dependency of educational success on social background. It therefore also contributes to improving the requirements for German Sinti and Roma and foreign Roma to be able to participate in the education system on an equal footing.

It is important to highlight the ongoing and planned measures to support research in the areas of language teaching and the promotion of reading, which are regarded as major challenges to the removal of the obstacles to education faced inter alia by Sinti and Roma. For example, the targeted funding initiative ‘Forschungsinitiative Sprachdiagnostik und Sprachförderung’ [Research Initiative – Language Diagnostics and Language Teaching] provides well-founded guidance on how to assist and support children and young people – including those from migrant backgrounds – on the basis of their level of language ability and development to acquire and use complex language skills. In addition, in close cooperation and coordination with the Länder, the Federal Government is currently preparing a new research programme focussing on language teaching which is intended to investigate the effectiveness of language ability testing and the language teaching which follows from it and to offer new approaches to further develop the corresponding tools.

II. Access to employment 1. Objective The Federal Government welcomes the objectives relating to employment set out in the ‘EU Framework for National Roma Integration Strategies up to 2020’. Those objectives are connected to the core aims of the Europe 2020 strategy and seek to raise the level of employment inter alia through the greater integration of young people and disadvantaged groups. The Federal Government shares the view that access to employment is of paramount importance for the participation of the Roma in society. The aim of bringing the level of employment of Sinti and Roma more into line with that of the rest of the population is consistent with the Federal Government’s policy of removing the barriers to the labour market for all groups and working towards achieving a high level of employment by affording equal access to the labour market. This is the case irrespective of the fact that the level of employment of Roma in Germany is unknown because details of ethnic origin are not in principle recorded in the German employment statistics. Nor can any statements be made about the employment of Sinti and Roma within the public service, since statistical information in this regard is once again not collected on the basis of ethnic origin.

2. Access to the labour market and to schemes to promote employment In principle, German Sinti and Roma and foreign Roma who are nationals of a Member State of the European Union other than Bulgaria or Romania have free access to vocational training and employment and are free to work as self-employed persons29.

All Sinti and Roma living in Germany with access to the labour market who experience difficulties in finding training or employment receive support under the general (Books Two and Three of the Social Security Code30) worker-focussed integration concept adopted by the Federal Employment Agency. It applies to all people to whom advice and assistance for their integration in training or employment is provided and is divided into the following four stages: profiling focussing on the individual’s strengths and potential, objective setting, strategy development and implementation/follow-up. For each applicant the measure is

29 In order to take up employment or undertake vocational training in Germany, Romanian and Bulgarian nationals still currently require an EU work permit which is issued by the services of the Zentrale Auslands- und Fachvermittlung [Central Foreign and Specialist Placement Agency] (ZAV) of the Federal Employment Agency. It is generally a requirement for the issue of the permit that a worker with priority status (a German or EU national enjoying freedom of movement as a worker) is not available for the specific position (‘priority check’) and the working conditions are comparable with those of national workers. 30 Federal Law Gazette 1997 Part I, p. 594 et seq., as last amended by Article 2 of the Law of 22 June 2011 (Federal Law Gazette Part I, p. 1202, 1204).

40 selected which meets his/her individual needs and is consistent with the integration strategies developed on the basis of those needs. Provided the access requirements laid down in Book Two or Three of the Social Security Code are satisfied, no differences based on nationality or ethnic origin apply as regards the funding of such a measure. This also applies to support to begin working on a self-employed basis for those who are unemployed.

The Federal Employment Agency’s integration concept also includes strategies for action which relate to migration-specific problems (for example, insufficient language skills or non-recognised professional qualifications acquired in another country) and may also be expanded at a regional or local level. In the context of basic welfare provision and unemployment insurance, the advisory concept – which is based on skilled work – seeks to provide optimum support appropriate to the individual, which contributes to the achievement of the necessary steps towards integration. As part of the work of the network of employment agencies and local job centres in the regions, contacts are also developed with the regional organisations representing the Sinti and Roma. This cooperation contributes to an improvement in the intercultural skills of employees and increases their awareness of issues relating to migration. The acquisition of these skills is also supported by intercultural qualifications offered by the Federal Employment Agency which are at present undergoing further development.

The support programme ‘Integration durch Qualifizierung – IQ’ [‘Integration through Qualifications – IQ’] was launched and financed by the Bundesministerium für Arbeit und Soziales [Federal Ministry of Employment and Social Affairs], the Federal Ministry of Education and Research and the Federal Employment Agency with a view to ensuring the continual improvement of the labour market integration of adult migrants. As part of the initiative, strategies are developed to improve the access of people from migrant backgrounds to the labour market. Some of the aims of the initiative are to develop specialist expertise, make that expertise available nationally and disseminate tried-and-tested concepts and recommendations (examples of good practice).

3. Special schemes to promote employment and the role of the European Social Fund An extensive array of instruments to close the gap between disadvantaged groups and the mainstream labour market are available to the federal agencies with a view to promoting the integration of people who are faced with obstacles to employment. The ESF is a special

41 funding instrument. The aim of the ESF is inter alia to improve the social inclusion of disadvantaged groups of people by ensuring their permanent integration into the labour market and combating all forms of discrimination. It seeks in particular to promote participation in the labour market with equal opportunities for all. The beneficiaries of the various ESF programmes of the Länder and of the Federal Government’s Operational Programme for the ESF – in particular the ESF support programmes which focus on the target group of migrants – include Roma (Annex 3). Pursuant to Article 16 of Regulation (EC) No 1083/2006, steps are to be taken to prevent any form of discrimination – including on the basis of race or ethnic origin – when planning and implementing programmes.

In addition, in the context of their labour market policy, the Länder also contribute to improving the integration and access to employment of Sinti and Roma using ESF resources. Several Länder have had positive experiences with projects aimed at this target group, which in particular are co-financed via the ESF XENOS programme ‘Integration und Vielfalt’ [‘Integration and Diversity’] and via the ESF federal programme to provide labour market assistance to people with leave to remain in Germany and refugees. Successful project formats of this kind are to be further developed. The access to employment of people from migrant backgrounds (normally) represents a major sphere of action of ESF funding in all the operational programmes of the Länder. In this connection, the Länder are opening up new career prospects inter alia for the target group of Sinti and Roma and in this way are promoting their social inclusion and their integration into the labour market.

Employer and employee representatives and non-governmental organisations are closely involved in the monitoring and implementation of ESF programmes in different ways. In certain programmes, employer and employee representatives may be represented on the advisory boards or monitoring committees. Charitable organisations, schools, local providers of public youth welfare services and migration organisations are involved in many programmes as network partners. The local neighbourhood management bodies, the local and district authorities, the National Employment Service, employer and employee representatives, charities and various non-profit foundations, associations and migrant organisations act as cooperation partners; these partners are also regarded as relevant in the context of projects for the integration of Roma. In addition, organisations representing the interests of the Roma are approached directly as part of some programmes.

4. Promotion of self-employment Particular importance is assigned in the ‘EU Framework for National Roma Integration Strategies up to 2020’ to the self-employment of Roma as part of their integration into the labour market, and it is recommended that access to micro-credit be encouraged. The Federal Government shares in principle the view that micro-credit can make an important contribution to integration into the labour market, and therefore as early as the end of 2009 set up the ‘Mikrokreditfonds Deutschland’ [‘German Micro-credit Fund’] as a guarantee fund. Loans of up to EUR 20 000 are to be provided to small and young enterprises who are unable to get credit from their account-holding bank, in particular undertakings run by women and people from migrant backgrounds. The volume of the Fund stands at EUR 100 million. Approximately EUR 60 million are provided by the ESF. The aim of the ‘German Micro-credit Fund’ is to make microloans available on a comprehensive basis throughout Germany. With this in mind, micro-credit structures must be placed on a more professional footing and new micro-financing institutions approached.

III. Access to healthcare Precise statements about the health of the Sinti and Roma population cannot be made on the basis of the sources of data available on the health of the population in Germany. Ethnic origin is not in principle a criterion recorded in the Statutory Health Insurance Statistics or other health statistics, meaning that data on the state of health of the Sinti and Roma are not collected. The definition ‘people from migrant backgrounds’ also does not apply to some of them, which is why although they are included in health surveys and statistics – only some of which record migration status in any event – they are not identifiable.

1. Right of access to healthcare a) German Sinti and Roma The provision of healthcare to Sinti and Roma residing in Germany is in principle guaranteed by the obligation to contribute to the statutory – or a private – health insurance scheme; they have access to the same healthcare and prevention services as those available to any other category of insured persons, with the result that they enjoy guaranteed healthcare. b) Nationals of EU Member States An obligation to contribute to a statutory or private health insurance scheme also applies to nationals of other Member States of the European Union, nationals of Contracting States to the Agreement on the European Economic Area and Swiss nationals as soon as they establish their domicile or place of habitual residence in Germany and where they have no other right to protection in the event of illness. In certain circumstances, EU citizens and their family members must also provide proof that they hold sickness insurance cover as a pre-requisite to establishing their domicile or place of habitual residence in Germany (§ 4 of the EU Freedom of Movement Act) and are thus protected by that cover.

c) Third-country nationals German law does not in principle make the obligation to contribute to a health insurance scheme contingent upon nationality, but rather inter alia on the domicile/place of habitual residence, which is why foreign Roma living in Germany who are not nationals of another Member State of the European Union are likewise generally required to be insured. They are covered by the subordinate requirement to contribute to the statutory health insurance scheme if they hold a settlement permit or a temporary residence permit of more than twelve months as provided for in the Residence Act and are not subject to any obligation to assure their

livelihood in order to be issued with that residence permit (first sentence of § 5(11) of Book Five of the Social Security Code). For example, people with recognised refugee status and spouses of German nationals may fall within this category. In accordance with the Asylum Seeker Benefits Act (‘AsylbLG’), healthcare and prevention services are available to foreign Roma with the status of ‘tolerated persons’ on account of their special residence status. Under § 4 of the AsylbLG, a legal right to medical and dental treatment exists in cases of acute illness and pain; that right includes the provision of medicines and bandages/dressings as well as other services necessary to recover from, treat and alleviate illnesses and their consequences. It also covers officially recommended vaccinations and necessary medical check-ups. Medical care and the provision of services which are typically required in the course of the asylum process are therefore guaranteed. Further services may also be granted pursuant to § 6 of the AsylbLG if they are essential for the protection of health in the specific case in question. Additional services may be made available to children if they are needed to address their particular needs. Migrants without a valid residence permit who have come to Germany to obtain services provided for in the AsylbLG or in respect of which measures to terminate their residence cannot be put into effect on grounds to be set out by them are to receive the abovementioned services only if the receipt of those services is irrefutably required in the circumstances in the individual case concerned. The competent authorities in such matters are required to guarantee the provision of such services of their own motion.

2. Actual recourse to healthcare Barriers to healthcare access, which are also faced by other foreign nationals living in Germany, for example language problems, different understandings of illnesses and a lack of knowledge of the healthcare system are reduced by various non-governmental institutions, such as the refugee councils which exist at Land level. They support migrants, including Sinti and Roma, to exercise their rights. Specific advice centres for Sinti and Roma exist in several Länder. Those centres are funded partly by the Länder (Hamburg, North Rhine-Westphalia, Lower Saxony and Bavaria) as well as through the use of ESF resources. The advice centres provide assistance in the form of advisory sessions and aid on a case-by-case basis inter alia where people are dealing with the authorities, making applications or obtaining documents. For example, they contribute to ensuring that the people concerned are able to access the services to which they are entitled. In addition to the publicly funded institutions, groups from civil society active in this field are also committed to supporting the interests of Sinti and Roma, such as the Central Council of German Sinti and Roma together with its affiliated

45 associations and the non-profit organisation Amaro Drom e.V., which is supported by the EU programme ‘Youth in Action’, the foundation ‘Erinnerung, Verantwortung, Zukunft’ [‘Remembrance, Responsibility and Future’], the Alliance for Democracy and Tolerance and the Land of Berlin.

IV. Access to housing Providing the population with appropriate and affordable housing is a key objective of the Federal Government’s housing and social policies. The provision of housing in Germany is good on the whole. The Federal Government’s policy on housing guarantees that housing is provided to all sections of the population and does not differentiate on the basis of ethnic origin.

No statements can be made about the housing status of German Sinti and Roma or foreign Roma, since the related data are not collected in the official statistics on the basis of ethnic origin. The Federal Government has no evidence that the provision of housing to Sinti and Roma is significantly different overall from the provision to the rest of the population. Particular attention is paid to the needs of the Sinti and Roma in some towns and cities in the context of housing and urban development policy. The social guarantee of a place to live is an important element of both housing and urban development policy in Germany. The implementation of those policies also includes providing effective access to housing. In 2009, public funds provided effective relief to over five million households via a contribution of EUR 17 billion to housing costs in the form of housing benefits and the assumption of accommodation costs. As a result, some or all of the housing costs of 12% of all households were covered. One fifth of all rental properties in Germany is occupied by households who receive assistance to pay their rent in the form of housing benefit or the assumption of accommodation costs31. In Germany, the following benefits in particular exist which cover the housing costs in full or in part of low-income households, and are therefore available inter alia to Sinti and Roma households:

1. Social housing support Support for households which in their own right are unable to obtain suitable housing forms the subject of the social housing support provided for in the Wohnraumförderungsgesetz32 [Housing Support Act] and the corresponding legislation adopted at Land level. On the one hand, private investors and local authority housing firms offer low-cost rental accommodation to households experiencing financial difficulties in finding housing in the private housing market. The beneficiaries include inter alia low-income households, families

31 See Wohngeld- und Mietenbericht [Housing Benefit and Rents Report] 2010, Publication of the Federal Parliament No 17/6280, p.13. 32 Federal Law Gazette Part I, p. 2376 et seq., as last amended by Article 2 of the Law of 9 December 2010 (Federal Law Gazette Part I, p. 1885, 1893).

in need with children, single parents, disabled people and other vulnerable groups. A means-tested housing entitlement certificate is required in order to obtain publicly subsidised housing. People seeking housing who are not just residing temporarily in Germany are entitled to apply. If they are lawfully resident in Germany, foreign Roma may obtain a housing entitlement certificate subject to the same conditions as German families. On the other hand, the acquisition of owner-occupied housing is also supported, primarily in the case of households with children. This support is likewise provided regardless of nationality or ethnic origin, and therefore Sinti and Roma may also avail themselves of it.

As part of the first stage of the reform of the federal system, responsibility for social housing support was transferred from the Federal Government to the Länder with effect from 1 September 200633. Since that date, the Länder alone have been competent to legislate in this area and to finance social housing support. Up to and including the year 2013, they will receive an annual sum of EUR 518.2 million from the Federal Government – which is ring-fenced for housing support – by way of compensation for the discontinuation of the financial assistance previously granted. The Federal Government and the Länder are currently in talks about the compensation payments from 2014.

Observance of the requirement of equal treatment enshrined in the Basic Law is also guaranteed in civil law in the context of the search for housing by the Allgemeine Gleichbehandlungsgesetz [General Equal Treatment Act], which entered into force on 18 August 200634.

2. Housing benefit Housing benefit is paid as a financial contribution towards housing costs in order to ensure that people are able to live in appropriate accommodation which is suitable for families. The purpose of the housing benefit is to guarantee that households which are entitled to it are able to pay their rents. As a result, the households in receipt of housing benefit are not just restricted to a particularly low-rent and therefore narrow segment of the available housing stock. This supports the preservation and creation of stable occupant structures in residential areas and prevents a splitting of the housing market which is undesirable from the perspective

33 … 34 Federal Law Gazette 2006 Part I, p. 1897 et seq., as last amended by Article 15(66) of the Law of 5 February 2009 (Federal Law Gazette Part I, p. 160, 267).

48 of housing policy. The housing benefit is accurately targeted in terms of social policy and consistent with the market, since it differentiates on the basis of the individual needs of the households and the levels of rent which differ from region to region. The housing benefit is in principle also paid to foreign nationals. Foreign nationals are entitled to housing benefit if they in fact entitled to reside or reside as ‘tolerated persons’ within the federal territory (see § 3(5) of the Wohngeldgesetz35 [Housing Benefit Act]). An entitlement to housing benefit exists irrespective of the individual’s ethnic origin. Sinti and Roma are therefore able to apply for housing benefit subject to the same conditions as other German and foreign nationals.

3. Accommodation costs Support is provided from the public purse to households who – although they receive the housing benefit – are still unable to meet their housing requirements using their own income by covering the appropriate accommodation costs in accordance with Books Two and Twelve of the Social Security Code. This includes, firstly, the basic allowances for jobseekers (Book Two of the Social Security Code, in particular type II unemployment benefit and social benefit), which are targeted at entitled persons who are able to work and their partners and children, and secondly, social assistance (Book Twelve of the Social Security Code), which includes basic allowances in old age and in the event of reduced earning capacity and maintenance allowances. The latter form of aid is granted in particular to people who are temporarily unable to work36.

Benefits under the law governing the basic allowances for jobseekers (Book Two of the Social Security Code) are paid to people whose domicile or place of habitual residence is in Germany. The question of a person’s place of habitual residence is raised primarily in relation to people who have not yet established a domicile, i.e. typically homeless people and travellers. However, these people may likewise receive benefits if they reside in one place ‘for the time being’ with the option to remain there in the future and that place forms the focal point of their lives.

35 Federal Law Gazette Part I, p. 1856 et seq., as last amended by Article 12(2) of the Law of 24 March 2011 (Federal Law Gazette Part I, p. 453, 495). 36 See Housing Benefit and Rents Report 2010, Publication of the Federal Parliament No 17/6280, p. 26.

Foreign nationals who are workers or self-employed persons in Germany or who have a right to freedom of movement within Germany under § 2(3) of the EU Freedom of Movement Act (foreign nationals in possession of a residence permit on constitutional, humanitarian or political grounds) are also entitled to benefits. Foreign nationals whose right of residence stems solely from the purpose of seeking work are excluded from receiving benefits under Book Two of the Social Security Code for a least the first three months of their stay in Germany. These provisions are consistent with the provisions of the Freedom of Movement Directive (Directive 2004/38/EC).

Foreign nationals have access to accommodation and heating benefits in the context of social assistance (Book Twelve of the Social Security Code) provided they are not entitled to benefits under Book Two of the Social Security Code. However, receipt of these benefits may also be denied where the foreign national has entered the country in order to receive social assistance or his right of residence stems solely from the purpose of seeking work (see § 23 of Book Twelve of the Social Security Code). By way of derogation from those principles, citizens from countries which have signed the European Convention on Social and Medical Assistance of 11 December 1953 (ECSMA)37 may receive benefits in accordance with Book Two of the Social Security Code. The States signatories to the ECSMA are Belgium, Denmark, Estonia, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden, Turkey and the United Kingdom.

4. Social integration/urban development Within the framework of the promotion of urban development, the Federal Government also grants financial assistance to the Länder for the purposes of investment in sustainable development at local authority level pursuant to Article 104b of the Basic Law. The urban development support programme ‘Soziale Stadt’ [‘Social City’] focuses on parts of towns and cities in which socio-economic disadvantages such as unemployment and low educational achievement overlap with insufficient urban development and problems of coexistence between different sections of the population. At the forefront of the support programme are investments in urban development in connection with the residential environment, the social and cultural infrastructure and the quality of housing. The programme is pursuing the

37 Federal Law Gazette 1953 Part II, p. 564.

50 integrated upgrading strategy of linking investment in urban development to measures to improve the quality of life and the social living conditions of all residents in the area of the town or city, irrespective of their ethnic origin, social background or nationality. The objective is to bring stability to these parts of towns and cities by involving all the groups in society.

With this in mind, since 2008 the Federal Government has been implementing the supplementary ESF federal programme ‘Bildung, Wirtschaft, Arbeit im Quartier’ [‘Education, Economy, and Work in the Neighbourhood’] (BIWAQ). BIWAQ supports projects which seek to improve the level of qualifications and social participation of people living in deprived parts of towns and cities in particular (areas in which the programme ‘Soziale Stadt’ is implemented) and which contribute to stabilising social cohesion and integration locally. Efforts are focussed on integration in education/training and employment (including the improvement of the transition from school to employment) and boosting the local economy. The target groups include inter alia the long-term unemployed, school children, school drop-outs and young people not in education, training or employment, regardless of their ethnic origin, social background or nationality. The integration of the projects into integrated development concepts at local authority level and local networks and their linkage to urban development measures within the local neighbourhood are pre-requisites for funding. The first funding round (2008 to 2012) is supporting 135 projects to benefit people living in deprived parts of towns and cities, in which Sinti and Roma from the areas affected can also take part. The projects funded also include a sub-project devoted to improving the literacy of Roma and a further project aimed at inter alia Sinti women (Annex 3).

The programme for the second funding round (2011 to 2014) has been expanded to include work in the neighbourhood. The aim is to integrate people from deprived areas of towns and cities – irrespective of ethnic origin, social background or nationality – who are particularly difficult to place in jobs into the general labour market by means of low-threshold supported employment. Work in neighbourhoods will be used to promote projects involving measures within the not-for-profit sector (which are liable to social security contributions) to increase the employability of people in receipt of benefits who have been unemployed for a long period of time. Since the target group is the long-term unemployed, only people who are covered by the provisions of Book Two/Three of the Social Security Code are potential

51 neighbourhood workers. A further innovation is the introduction of supplementary funding to finance projects on a cross-departmental basis which supplement community or voluntary work projects supported by the Federal Ministry of Employment and Social Affairs through the provision of support/coaching and skills development measures. Since the target group of community and voluntary work projects are unemployed people covered by the provisions of Book Two/Three of the Social Security Code, only people within that target group can take part in the projects. In the second funding round there will be scope to promote around 90 projects which may benefit inter alia Sinti and Roma from the areas of towns and cities concerned.

Anlage 5

Strafvorschriften

§ 86 StGB - Verbreiten von Propagandamitteln verfassungswidriger Organisationen

(1) Wer Propagandamittel

1. einer vom Bundesverfassungsgericht für verfassungswidrig erklärten Partei oder einer Partei oder Vereinigung, von der unanfechtbar festgestellt ist, daß sie Ersatz- organisation einer solchen Partei ist,

2. einer Vereinigung, die unanfechtbar verboten ist, weil sie sich gegen die verfassungs- mäßige Ordnung oder gegen den Gedanken der Völkerverständigung richtet, oder von der unanfechtbar festgestellt ist, daß sie Ersatzorganisation einer solchen verbotenen Vereinigung ist,

3. einer Regierung, Vereinigung oder Einrichtung außerhalb des räumlichen Geltungs- bereichs dieses Gesetzes, die für die Zwecke einer der in den Nummern 1 und 2 bezeichneten Parteien oder Vereinigungen tätig ist, oder

4. Propagandamittel, die nach ihrem Inhalt dazu bestimmt sind, Bestrebungen einer ehe- maligen nationalsozialistischen Organisation fortzusetzen,

im Inland verbreitet oder zur Verbreitung im Inland oder Ausland herstellt, vorrätig hält, einführt oder ausführt oder in Datenspeichern öffentlich zugänglich macht, wird mit Frei- heitsstrafe bis zu drei Jahren oder mit Geldstrafe bestraft.

(2) Propagandamittel im Sinne des Absatzes 1 sind nur solche Schriften (§ 11 Abs. 3), deren Inhalt gegen die freiheitliche demokratische Grundordnung oder den Gedanken der Völkerverständigung gerichtet ist.

(3) Absatz 1 gilt nicht, wenn das Propagandamittel oder die Handlung der staatsbürgerlichen Aufklärung, der Abwehr verfassungswidriger Bestrebungen, der Kunst oder der Wissenschaft, der Forschung oder der Lehre, der Berichterstattung über Vorgänge des Zeitgeschehens oder der Geschichte oder ähnlichen Zwecken dient.

(4) Ist die Schuld gering, so kann das Gericht von einer Bestrafung nach dieser Vorschrift absehen.

§ 86 a StGB - Verwenden von Kennzeichen verfassungswidriger Organisationen

(1) Mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe wird bestraft, wer

1. im Inland Kennzeichen einer der in § 86 Abs. 1 Nr. 1, 2 und 4 bezeichneten Parteien oder Vereinigungen verbreitet oder öffentlich, in einer Versammlung oder in von ihm verbreiteten Schriften (§ 11 Abs. 3) verwendet oder

2. Gegenstände, die derartige Kennzeichen darstellen oder enthalten, zur Verbreitung oder Verwendung im Inland oder Ausland in der in Nummer 1 bezeichneten Art und Weise herstellt, vorrätig hält, einführt oder ausführt.

1 (2) Kennzeichen im Sinne des Absatzes 1 sind namentlich Fahnen, Abzeichen, Uniform- stücke, Parolen und Grußformen. Den in Satz 1 genannten Kennzeichen stehen solche gleich, die ihnen zum Verwechseln ähnlich sind.

(3) § 86 Abs. 3 und 4 gilt entsprechend.

§ 130 StGB – Volksverhetzung

(1) Wer in einer Weise, die geeignet ist, den öffentlichen Frieden zu stören,

1. gegen eine nationale, rassische, religiöse oder durch ihre ethnische Herkunft be- stimmte Gruppe, gegen Teile der Bevölkerung oder gegen einen Einzelnen wegen seiner Zugehörigkeit zu einer vorbezeichneten Gruppe oder zu einem Teil der Be- völkerung zum Hass aufstachelt, zu Gewalt- oder Willkürmaßnahmen auffordert oder

2. die Menschenwürde anderer dadurch angreift, dass er eine vorbezeichnete Gruppe, Teile der Bevölkerung oder einen Einzelnen wegen seiner Zugehörigkeit zu einer vorbezeichneten Gruppe oder zu einem Teil der Bevölkerung beschimpft, böswillig verächtlich macht oder verleumdet,

wird mit Freiheitsstrafe von drei Monaten bis zu fünf Jahren bestraft.

(2) Mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe wird bestraft, wer

1. Schriften (§ 11 Absatz 3), die zum Hass gegen eine vorbezeichnete Gruppe, Teile der Bevölkerung oder gegen einen Einzelnen wegen seiner Zugehörigkeit zu einer vorbezeichneten Gruppe oder zu einem Teil der Bevölkerung aufstacheln, zu Gewalt- oder Willkürmaßnahmen gegen sie auffordern oder ihre Menschenwürde dadurch angreifen, dass sie beschimpft, böswillig verächtlich gemacht oder verleumdet werden,

a) verbreitet,

b) öffentlich ausstellt, anschlägt, vorführt oder sonst zugänglich macht,

c) einer Person unter achtzehn Jahren anbietet, überlässt oder zugänglich macht oder

d) herstellt, bezieht, liefert, vorrätig hält, anbietet, ankündigt, anpreist, einzuführen oder auszuführen unternimmt, um sie oder aus ihnen gewonnene Stücke im Sinne der Buchstaben a bis c zu verwenden oder einem anderen eine solche Verwendung zu ermöglichen, oder

2. eine Darbietung des in Nummer 1 bezeichneten Inhalts durch Rundfunk, Medien- oder Teledienste verbreitet.

(3) Mit Freiheitsstrafe bis zu fünf Jahren oder mit Geldstrafe wird bestraft, wer eine unter der Herrschaft des Nationalsozialismus begangene Handlung der in § 6 Abs. 1 des Völkerstrafgesetzbuches bezeichneten Art in einer Weise, die geeignet ist, den öffentlichen Frieden zu stören, öffentlich oder in einer Versammlung billigt, leugnet oder verharmlost.

(4) Mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe wird bestraft, wer öffentlich oder in einer Versammlung den öffentlichen Frieden in einer die Würde der Opfer ver- letzenden Weise dadurch stört, dass er die nationalsozialistische Gewalt- und Willkürherrschaft billigt, verherrlicht oder rechtfertigt.

2 (5) Absatz 2 gilt auch für Schriften (§ 11 Abs. 3) des in den Absätzen 3 und 4 bezeichneten Inhalts.

(6) In den Fällen des Absatzes 2, auch in Verbindung mit Absatz 5, und in den Fällen der Absätze 3 und 4 gilt § 86 Abs. 3 entsprechend.

§ 46 StGB - Grundsätze der Strafzumessung

(1) Die Schuld des Täters ist Grundlage für die Zumessung der Strafe. Die Wirkungen, die von der Strafe für das künftige Leben des Täters in der Gesellschaft zu erwarten sind, sind zu berücksichtigen.

(2) Bei der Zumessung wägt das Gericht die Umstände, die für und gegen den Täter sprechen, gegeneinander ab. Dabei kommen namentlich in Betracht:

die Beweggründe und die Ziele des Täters, die Gesinnung, die aus der Tat spricht, und der bei der Tat aufgewendete Wille, das Maß der Pflichtwidrigkeit, die Art der Ausführung und die verschuldeten Auswirkungen der Tat, das Vorleben des Täters, seine persönlichen und wirtschaftlichen Verhältnisse sowie sein Verhalten nach der Tat, besonders sein Bemühen, den Schaden wieder- gutzumachen, sowie das Bemühen des Täters, einen Ausgleich mit dem Verletzten zu erreichen.

(3) Umstände, die schon Merkmale des gesetzlichen Tatbestandes sind, dürfen nicht be- rücksichtigt werden.

English version

Criminal provisions – German Criminal Code

Section 86 - Dissemination of propaganda material of unconstitutional organisations

(1) Whosoever within Germany disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination within Germany or abroad, propaganda material

1. of a political party which has been declared unconstitutional by the Federal Constitutional Court or a political party or organisation which has been held by final decision to be a surrogate organisation of such a party;

2. of an organisation which has been banned by final decision because it is directed against the constitutional order or against the idea of the comity of nations or which has been held by final decision to be a surrogate organisation of such a banned organisation;

3. of a government, organisation or institution outside the Federal Republic of Germany active in pursuing the objectives of one of the parties or organisations indicated in Nos 1 and 2 above; or

4. propaganda materials the contents of which are intended to further the aims of a former National Socialist organisation,

3 shall be liable to imprisonment of not more than three years or a fine.

(2) Propaganda materials within the meaning of subsection (1) above shall only be written materials (section 11 (3)) the content of which is directed against the free, democratic constitutional order or the idea of the comity of nations.

(3) Subsection (1) above shall not apply if the propaganda materials or the act is meant to serve civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes.

(4) If the guilt is of a minor nature, the court may order a discharge under this provision.

Section 86 a - Using symbols of unconstitutional organisations

(1) Whosoever

1. domestically distributes or publicly uses, in a meeting or in written materials (section 11 (3)) disseminated by him, symbols of one of the parties or organisations indicated in section 86 (1) Nos 1, 2 and 4; or

2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1,

shall be liable to imprisonment of not more than three years or a fine.

(2) Symbols within the meaning of subsection (1) above shall be in particular flags,insignia, uniforms and their parts, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them.

(3) Section 86 (3) and (4) shall apply mutatis mutandis.

Section 130 – Incitement to hatred

(1) Whosoever, in a manner capable of disturbing the public peace,

1. incites hatred, or calls for violent or arbitrary measures against a national, or a racial, or a religious group, or a group characterised by their ethnic origin, or against parts of the population, or againt an individual on account of his belonging to a group denoted above or to part of the population, or

3. assaults the human dignity of others by insulting, maliciously maligning or defaming a group denoted above, parts of the population, or an individual on account of his belonging to a group denoted above or to part of the population

shall be liable to imprisonment from three months to five years.

(2) Whosoever

1. In respect of writings (Section 11 subsection [3]) which incite hatred, or call for violent or arbitrary measures, against a group denoted above, or against parts of the population, or against an individual on account of his belonging to a group denoted above or to part of the

4 population, or which assault their human dignity by insulting, maliciously maligning, or defaming them; a) disseminates them, b) publicly displays, posts, presents, or otherwise makes them accessible, c) offers, gives or makes them accessible to a person under eighteen years, or d) produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers (a) through (c) or facilitate such use by another, or

2. disseminates a presentation of the content indicated in number 1 through radio, media or teleservices, shall be liable to imprisonment for not more than three years or a fine.

Section 46 - Principles of sentencing

(1) The guilt of the offender is the basis for sentencing. The effects which the sentence can be expected to have on the offenders future life in society shall be taken into account.

(2) When sentencing the court shall weigh the circumstances in favour of and against the offender. Consideration shall in particular be given to

the motives and aims of the offender; the attitude reflected in the offence and the degree of force of will involved in its commission; the degree of the violation of the offenders duties; the modus operandi and the consequences caused by the offence to the extent that the offender is to blame for them; the offenders prior history, his personal and financial circumstances; his conduct after the offence, particularly his efforts to make restitution for the harm caused as well as the offenders efforts at reconciliation with the victim.

(3) Circumstances which are already statutory elements of the offence must not be considered.

5 Annex 6: Application of the criminal provisions in court proceedings (paras. 60 et seqq.)

The figures relating to convictions in accordance with sections 86, 86a and 130 of the Criminal Code ( StGB ) from 2004 to 2010 are presented in a table below. The figures for 2004 to 2006 relate to the former Federal territory including all of Berlin, whilst from 2007 total statistics are presented for the whole of the Federal Republic of Germany. Since these criminal provisions to some extent also cover other acts in addition to those with a racist motivation, however, only some of the convictions included here fall within the scope of the ICERD.

Table 1: Number of convictions in accordance with section 86 of the Criminal Code

Convictions in accordance with section 86 of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2004 269 260 9 74 72 2 59 52 7 402 2005 364 349 15 78 73 5 55 52 3 497 2006 400 382 18 89 85 4 65 57 8 554 2007 774 755 19 194 189 5 144 132 12 1 112 2008 783 754 29 201 192 9 155 131 24 1 139 2009 732 712 20 173 168 5 117 113 4 1 022 2010 732 696 36 151 146 5 122 116 6 1 005

Table 2: Number of convictions in accordance with section 86a of the Criminal Code Convictions in accordance with section 86a of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2004 373 366 7 120 117 3 97 92 5 590 2005 338 330 8 137 133 4 82 76 6 557 2006 467 450 17 115 111 4 99 93 6 681 2007 539 525 14 121 115 6 118 109 9 778 2008 534 513 21 157 150 7 125 114 11 816 2009 540 516 24 148 140 8 113 102 11 801 2010 532 515 17 123 118 5 71 69 2 726

1 Table 3: Section 86a of the Criminal Code - Sanctions Convictions and judgments in accordance with section 86 of the Criminal Code Convictions under general Convictions under youth criminal law criminal law Judgments under of which receiving the of which receiving the youth criminal law most serious sentence most serious sentence Year Imprisonment youth socio- on on custody measures educational educational total discontinuati on criminal fine criminal total disciplinary measures total total probation probation

2004* 289 36 23 253 113 3 96 14 173 53 2005 394 48 31 346 103 8 83 12 167 59 2006 440 58 42 382 114 6 88 20 194 68 2007 846 122 77 724 266 20 227 19 434 156 2008 851 97 59 754 288 24 220 44 454 151 2009 797 112 80 685 225 15 188 22 419 181 2010 779 90 55 689 226 7 182 37 373 138

Table 4: Section 86a of the Criminal Code - Sanctions Convictions and judgments in accordance with section 86a of the Criminal Code Convictions under general Convictions under youth criminal law criminal law Judgments under of which receiving the of which receiving the youth criminal law most serious sentence most serious sentence Year Imprisonment youth socio- on on custody measures educational educational total total total discontinuati on disciplinary disciplinary measures criminal fine criminal total probation probation

2004* 407 55 38 352 183 5 163 15 297 105 2005 375 45 35 330 182 7 154 21 281 86 2006 506 41 31 465 175 9 153 13 296 101 2007 587 78 53 509 191 17 154 20 348 133 2008 598 70 48 528 218 15 168 35 431 198 2009 593 70 50 523 208 11 178 19 383 148 2010 573 72 54 501 153 5 129 19 280 112

*2004: discontinuation of proceedings including transfer to the guardianship court judge

2 Table 5: Number of convictions in accordance with section 130 subs. 1 of the Criminal Code

Convictions in accordance with section 130 subs. 1 of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2004 146 134 12 47 45 2 53 48 5 246 2005 148 139 9 37 35 2 41 35 6 226 2006 161 150 11 27 27 0 32 29 3 220 2007 204 193 11 60 54 6 54 46 8 318 2008 188 180 8 47 43 4 52 51 1 287 2009 185 173 12 39 37 2 30 26 4 254 2010 126 119 7 34 32 2 24 22 2 184

Table 6: Section 130 subs. 1 of the Criminal Code - Sanctions Convictions and judgments in accordance with section 130 subs. 1 of the Criminal Code Convictions under general Convictions under youth Judgments criminal law criminal law under youth of which receiving the of which receiving the criminal law most serious sentence most serious sentence Year Imprisonment socio- on on measures educational educational total total total discontinuati on criminal fine criminal youth custody disciplinary measures total probation probation

2004* 152 63 53 89 94 14 75 5 138 38 2005 151 70 53 81 75 7 62 6 104 25 2006 169 69 59 100 51 3 43 5 71 16 2007 216 99 81 117 102 12 83 7 136 34 2008 200 80 68 120 87 10 71 6 122 32 2009 189 78 67 111 65 4 56 5 100 29 2010 131 49 44 82 53 9 36 8 85 28

*2004: discontinuation of proceedings including transfer to the guardianship court judge

3 Table 7: Number of convictions in accordance with section 130 subs. 2 of the Criminal Code Convictions in accordance with section 130 subs. 2 of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2004 29 29 0 5 5 0 13 13 0 47 2005 30 29 1 12 12 0 4 3 1 46 2006 27 25 2 3 3 0 4 4 0 34 2007 46 42 4 6 6 0 10 10 0 62 2008 47 46 1 8 8 0 5 4 1 60 2009 52 47 5 10 9 1 6 6 0 68 2010 54 49 5 6 5 1 6 6 0 66

Table 8: Section 130 subs. 2 of the Criminal Code - Sanctions Convictions and judgments in accordance with section 130 subs. 2 of the Criminal Code Convictions under general Convictions under youth Judgments criminal law criminal law under youth of which receiving the of which receiving the criminal law most serious sentence most serious sentence Year Imprisonment socio- on on measures educational educational total total total discontinuati on criminal fine criminal youth custody disciplinary measures total probation probation

2004* 30 4 4 26 17 1 13 3 23 6 2005 39 7 5 32 7 0 7 0 20 11 2006 28 3 1 25 6 0 6 0 13 7 2007 48 7 7 41 14 0 12 2 30 15 2008 51 11 8 40 9 0 8 1 21 10 2009 56 5 5 51 12 1 10 1 19 7 2010 54 10 7 44 12 0 9 3 15 2

* 2004: discontinuation of proceedings including transfer to the guardianship court judge

4 Table 9: Number of convictions in accordance with section 130 subs. 3 of the Criminal Code Convictions in accordance with section 130 subs. 3 of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2004 16 15 1 5 3 2 3 3 0 24 2005 30 27 3 0 0 0 3 3 0 33 2006 23 21 2 2 2 0 1 1 0 26 2007 45 45 0 5 5 0 3 3 0 53 2008 41 41 0 3 3 0 1 1 0 45 2009 42 40 2 1 1 0 1 1 0 44 2010 46 43 3 9 8 1 5 4 1 60

Table 10: Section 130 subs. 3 of the Criminal Code - Sanctions Convictions and judgments in accordance with section 130 subs. 3 of the Criminal Code Convictions under general Convictions under youth Judgments criminal law criminal law under youth of which receiving the of which receiving the criminal law most serious sentence most serious sentence Year Imprisonment socio- on on measures educational educational total discontinuati on criminal fine criminal total youth custody disciplinary measures total total probation probation

2004* 19 2 2 17 5 0 5 0 7 2 2005 30 2 1 28 3 0 3 0 4 1 2006 24 9 9 15 2 0 2 0 2 0 2007 46 11 9 35 7 1 4 2 7 0 2008 43 15 13 28 2 1 1 0 6 4 2009 42 11 7 31 2 0 2 0 5 2 2010 46 10 8 36 14 2 12 0 20 6

*2004: discontinuation of proceedings including transfer to the guardianship court judge

5 Table 11: Number of convictions in accordance with section 130 subs. 4 of the Criminal Code Convictions in accordance with section 130 subs. 4 of the Criminal Code Adults Adolescents Juveniles Total Year total male female total male female total male female convictions 2006 3 3 0 0 0 0 0 0 0 3 2007 2 2 0 1 1 0 2 2 0 5 2008 5 5 0 0 0 0 0 0 0 5 2009 3 3 0 0 0 0 1 1 0 4 2010 7 7 0 1 1 0 0 0 0 8

Table 12: Section 130 subs. 4 of the Criminal Code - Sanctions Convictions and judgments in accordance with section 130 subs. 4 of the Criminal Code Convictions under general Convictions under youth Judgments criminal law criminal law under youth of which receiving the of which receiving the criminal law most serious sentence most serious sentence Year Imprisonment socio- on on measures educational educational total discontinuati on criminal fine criminal total youth custody disciplinary measures total total probation probation

2006 3 0 0 3 0 0 0 0 0 0 2007 2 0 0 2 3 0 2 1 4 1 2008 5 0 0 5 0 0 0 0 0 0 2009 2 0 0 2 1 0 1 0 1 0 2010 7 1 0 6 0 0 0 0 1 1

Table 13: Data from the Federal Criminal Police Office Criminal offences with a political right-wing motivation: Racist background Xenophobic background Anti-Semitic background

2004: 379 2004: 2,553 2004: 1,346 2005: 349 2005: 2,493 2005: 1,682 2006: 530 2006: 3,294 2006: 1,662 2007: 501 2007: 2,866 2007: 1,561 2008: 417 2008: 2,950 2008: 1,496 2009: 419 2009: 2,477 2009: 1,520 2010: 423 2010: 2,083 2010: 1,192 2011: 479 2011: 2,423 2011: 1,188

Gesetz zur Regelung von Partizipation und Integration in Berlin (PartIntG)

Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 2 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

Gesetz zur Regelung von Partizipation und Integration in Berlin

Artikel I Partizipations- und Integrationsgesetz des Landes Berlin (PartIntG)

§ 1 Ziele und Grundsätze des Gesetzes

(1) Das Land Berlin setzt sich zum Ziel, Menschen mit Migrationshintergrund die Möglichkeit zur gleichberechtigten Teilhabe in allen Bereichen des gesellschaftlichen Lebens zu geben und gleichzeitig jede Benachteiligung und Bevorzugung gemäß Artikel 3 Absatz 3 Satz 1 des Grundgesetzes und Artikel 10 Absatz 2 der Verfassung von Berlin auszuschließen.

(2) Integration ist ein gesamtgesellschaftlicher Prozess, dessen Gelingen von der Mitwirkung aller Bürgerinnen und Bürger abhängt. Erfolgreiche Integration setzt so- wohl das Angebot an die Bevölkerung mit Migrationshintergrund zur Beteiligung als auch den Willen und das Engagement der Menschen mit Migrationshintergrund zur Integration voraus. Art und Umfang der Partizipationsmöglichkeiten und der Integra- tionsförderung richten sich nach dem rechtlichen Status und dem Bedarf der Men- schen mit Migrationshintergrund.

§ 2 Begriffsbestimmung

Menschen mit Migrationshintergrund sind, soweit in einem anderen Gesetz nichts anderes bestimmt ist,

1. Personen, die nicht Deutsche im Sinne des Artikels 116 Absatz 1 des Grundgesetzes sind,

2. im Ausland geborene und nach 1949 nach Deutschland ein- und zuge- wanderte Personen und

3. Personen, bei denen mindestens ein Elternteil die Kriterien der Num- mer 2 erfüllt.

§ 3 Geltungsbereich

(1) Dieses Gesetz gilt für die Berliner Verwaltung (§ 2 des Allgemeinen Zuständig- keitsgesetzes), für landesunmittelbare öffentlich-rechtliche Körperschaften, Anstalten Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 3 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010 und Stiftungen (§ 28 des Allgemeinen Zuständigkeitsgesetzes), für den Präsidenten des Abgeordnetenhauses von Berlin, den Rechnungshof von Berlin und den Berliner Beauftragten für Datenschutz und Informationsfreiheit.

(2) Soweit das Land Berlin Mehrheitsbeteiligungen an juristischen Personen des Pri- vatrechts unmittelbar oder mittelbar hält oder erwirbt, hat es darauf hinzuwirken, dass die Ziele und Grundsätze dieses Gesetzes auch von diesen beachtet werden.

§ 4 Gleichberechtigte Teilhabe und interkulturelle Öffnung

(1) Alle Einrichtungen im Geltungsbereich dieses Gesetzes haben die Aufgabe, im eigenen Zuständigkeitsbereich für gleichberechtigte Teilhabe und interkulturelle Öff- nung zu sorgen. Sie berücksichtigen dabei die Vielschichtigkeit der Einwanderungs- gesellschaft und richten ihre Aufgabenwahrnehmung bedarfs- und zielgruppenge- recht aus.

(2) Bei Gesetzes- und Verordnungsvorhaben ist zu prüfen, ob die Ziele und Grunds- ätze dieses Gesetzes berücksichtigt werden.

(3) Interkulturelle Kompetenz ist eine auf Kenntnissen über kulturell geprägte Re- geln, Normen, Wertehaltungen und Symbole beruhende Form der fachlichen und sozialen Kompetenz. Der Erwerb von und die Weiterbildung in interkultureller Kom- petenz sind für alle Beschäftigten durch Fortbildungsangebote und Qualifizierungs- maßnahmen sicherzustellen. Die interkulturelle Kompetenz soll bei der Beurteilung der Eignung, Befähigung und fachlichen Leistung im Rahmen von Einstellungen und Aufstiegen der Beschäftigten im öffentlichen Dienst grundsätzlich berücksichtigt werden.

(4) Der Senat strebt die Erhöhung des Anteils der Beschäftigten mit Migrationshin- tergrund entsprechend ihrem Anteil an der Bevölkerung an. Bei Stellenausschrei- bungen ist darauf hinzuweisen, dass Bewerbungen von Menschen mit Migrations- hintergrund, die die Einstellungsvoraussetzungen erfüllen, ausdrücklich erwünscht sind.

(5) Der Senat legt Zielvorgaben zur Erhöhung des Anteils der Beschäftigten mit Mig- rationshintergrund und Maßnahmen zur interkulturellen Öffnung fest. Eine Überprü- fung der Zielerreichung erfolgt über ein einheitliches Benchmarking. In der regelmä- ßigen Berichterstattung über die Personalentwicklung des öffentlichen Dienstes und der juristischen Personen des Privatrechts, an denen das Land Berlin Mehrheitsbe- teiligungen hält, wird die Entwicklung des Anteils von Menschen mit Migrationshin- tergrund ausgewiesen.

(6) In den Gremien aller Einrichtungen ist eine stärkere Beteiligung von Vertreterin- nen und Vertretern mit Migrationshintergrund anzustreben.

Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 4 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

§ 5 Beauftragte oder Beauftragter des Senats von Berlin für Integration und Migration

(1) Der Senat ernennt nach Anhörung des Landesbeirates für Integrations- und Mig- rationsfragen und auf Vorschlag der für Integration zuständigen Senatsverwaltung eine Beauftragte oder einen Beauftragten des Senats von Berlin für Integration und Migration. Die Ernennung erfolgt für fünf Jahre. Eine erneute Ernennung ist zulässig. Die Stelle der oder des Beauftragten wird in der für Integration zuständigen Senats- verwaltung eingerichtet. Die oder der Beauftragte ist im Auftrag des für Integration zuständigen Senatsmitgliedes ressortübergreifend tätig.

(2) Die oder der Beauftragte wirkt darauf hin, dass Menschen mit Migrationshinter- grund die Möglichkeit zur gleichberechtigten Teilhabe in allen Bereichen des gesellschaftlichen Lebens gegeben wird. Sie oder er setzt sich für den Abbau von Integra- tionshemmnissen und struktureller Benachteiligung von Menschen mit Migrations- hintergrund und für die Wahrung von Respekt, Akzeptanz und ein friedliches Mitei- nander aller Berlinerinnen und Berliner ein. Zur Umsetzung dieser Ziele entwickelt sie oder er entsprechende Konzepte, Strategien und Maßnahmen und kann Maß- nahmen gegenüber anderen Senatsverwaltungen anregen.

(3) Zur Wahrnehmung der Aufgaben nach Absatz 2 beteiligen die Senatsverwaltun- gen die für Integration zuständige Senatsverwaltung bei allen Gesetzes-, Verord- nungs- und sonstigen wichtigen Vorhaben rechtzeitig vor Beschlussfassung, soweit sie Fragen der Integration der Menschen mit Migrationshintergrund und deren Parti- zipation behandeln oder besonders berühren. In diesem Zusammenhang erhält die oder der Beauftragte im Auftrag der für Integration zuständigen Senatsverwaltung die Gelegenheit zur Stellungnahme. Im Übrigen unterstützt jede Einrichtung im Sin- ne des § 3 die Beauftragte oder den Beauftragten bei der Erfüllung ihrer oder seiner Aufgaben.

(4) Die oder der Beauftragte des Senats von Berlin für Integration und Migration ist Ansprechpartnerin oder Ansprechpartner für Menschen mit Migrationshintergrund und unterstützt sie bei der Durchsetzung ihrer Rechte.

§ 6 Landesbeirat für Integrations- und Migrationsfragen

(1) Es wird ein Landesbeirat für Integrations- und Migrationsfragen gebildet, der den Berliner Senat in allen Fragen der Integrationspolitik berät und unterstützt. Stimmbe- rechtigte Mitglieder des Landesbeirats sind:

1. sieben Vertreterinnen oder Vertreter der Bevölkerung mit Migrationshin- tergrund einschließlich einer Vertreterin oder eines Vertreters der Aussied- lerinnen und Aussiedler, 2. das für Integration zuständige Senatsmitglied, 3. die oder der Beauftragte des Senats von Berlin für Integration und Migra- tion, Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 5 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

4. zwei Vertreterinnen oder Vertreter des Rates der Bürgermeister, 5. eine Vertreterin oder ein Vertreter der Bezirksbeauftragten für Integration und Migration, 6. jeweils eine Vertreterin oder ein Vertreter a) der Industrie- und Handelskammer zu Berlin sowie der Handwerks- kammer Berlin, b) des Landessportbundes Berlin, c) des Deutschen Gewerkschaftsbundes, d) der Verbände der freien Wohlfahrtspflege in Berlin und e) des Flüchtlingsrates Berlin.

Der Landesbeirat kann die Aufnahme beratender Mitglieder beschließen. Die Mit- glieder werden jeweils für eine Wahlperiode gewählt oder benannt, deren Dauer der Legislaturperiode des Abgeordnetenhauses von Berlin entspricht. Für jedes Mitglied ist ein stellvertretendes Mitglied zu wählen oder zu benennen.

(2) An den Sitzungen des Landesbeirats nehmen die Senatsverwaltungen teil; die Teilnahme soll auf Staatssekretärsebene erfolgen.

(3) Das für Integration zuständige Senatsmitglied hat den Vorsitz des Landesbeira- tes. Die Wahl der oder des stellvertretenden Vorsitzenden erfolgt durch den Lan- desbeirat auf Vorschlag der Vertreterinnen und Vertreter der Bevölkerung mit Migra- tionshintergrund.

(4) Die Vertreterinnen und Vertreter der Bevölkerung mit Migrationshintergrund im Landesbeirat sowie deren Stellvertreterinnen und Stellvertreter werden auf einer Wahlversammlung gewählt, auf der die Vertreterinnen oder Vertreter von Vereinen und Verbänden stimmberechtigt sind, die in der bei der für Integration zuständigen Senatsverwaltung geführten öffentlichen Liste eingetragen sind. Die Kriterien für eine Eintragung und das Wahlverfahren werden von der für Integration zuständigen Senatsverwaltung durch Rechtsverordnung festgelegt.

(5) Der Landesbeirat gibt sich eine Geschäfts- und Wahlordnung.

(6) Bei der für Integration zuständigen Senatsverwaltung wird eine Geschäftsstelle des Landesbeirates eingerichtet.

§ 7 Bezirksbeauftragte für Integration und Migration

(1) In jedem Bezirk ernennt das Bezirksamt nach Anhörung der örtlichen Migranten- organisationen bei der Bezirksbürgermeisterin oder dem Bezirksbürgermeister eine Bezirksbeauftragte oder einen Bezirksbeauftragten für Integration und Migration (In- tegrationsbeauftragte oder Integrationsbeauftragter). Hinsichtlich ihrer oder seiner Rechte und Aufgaben gegenüber dem Bezirksamt und den anderen bezirklichen Einrichtungen gilt § 5 entsprechend der bezirklichen Zuständigkeit.

(2) Die Integrationsbeauftragten nehmen im engen Zusammenwirken mit den örtli- chen Migrantenorganisationen insbesondere folgende Aufgaben wahr: Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 6 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

1. Sie geben Anregungen und unterbreiten Vorschläge zu Entwürfen von Anordnungen und Beschlussvorlagen sowie Maßnahmen der Bezirke, soweit diese Auswirkungen auf den Abbau von Integrationshemmnissen sowie die Förderung und Partizipation von Menschen mit Migrationshinter- grund haben.

2. Sie wirken darauf hin, dass bei allen wichtigen Vorhaben, die der Bezirk plant oder realisiert, die Belange von Menschen mit Migrationshintergrund berücksichtigt werden.

(3) Die Bezirksämter informieren die Integrationsbeauftragten unverzüglich über alle Vorhaben, Programme und sonstigen Maßnahmen, die ihre Aufgaben betreffen, und geben ihr oder ihm vor einer Entscheidung innerhalb einer angemessenen Frist die Gelegenheit zur Stellungnahme.

(4) Die Integrationsbeauftragten sind Ansprechpartnerinnen oder Ansprechpartner für Vereine, Initiativen und sonstige Organisationen, die sich mit Fragen im Zusam- menhang mit der Lebenssituation von Menschen mit Migrationshintergrund befas- sen, sowie für Einzelpersonen bei auftretenden Problemen.

§ 8 Berichterstattung

Der Senat berichtet dem Abgeordnetenhaus erstmals zum 31. Dezember 2011 und dann alle zwei Jahre über die Umsetzung der Ziele dieses Gesetzes.

§ 9 Übergangsregelung

Die Ernennung nach § 5 Absatz 1 Satz 1 dieses Gesetzes ist erstmalig nach Aus- scheiden des derzeit vom Senat bestellten Beauftragten des Senats von Berlin für Integration und Migration durchzuführen.

Artikel II Änderung des Berliner Hochschulgesetzes

In § 4 Absatz 6 des Berliner Hochschulgesetzes in der Fassung vom 13. Februar 2003 (GVBl. S. 82), das zuletzt durch Artikel XII Nummer 29 des Gesetzes vom 19. März 2009 (GVBl. S. 70) geändert worden ist, werden folgende Sätze 1 und 2 einge- fügt:

„Die Hochschulen regen durch ihre Öffentlichkeitsarbeit insbesondere in an der je- weiligen Hochschule unterrepräsentierten Bevölkerungsgruppen die Aufnahme eines Studiums an. Sie beraten und unterstützen bei der Entscheidung über die Aufnahme eines Studiums und die Wahl des Studienfaches.“

Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 7 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

Artikel III Änderung des Sportförderungsgesetzes

In § 1 Absatz 4 des Sportförderungsgesetzes vom 6. Januar 1989 (GVBl. S. 122), das zuletzt durch Artikel II des Gesetzes vom 10. Mai 2007 (GVBl. S. 195) geändert worden ist, werden die Wörter „ausländischer Mitbürger“ durch die Wörter „von Men- schen mit Migrationshintergrund im Sinne des § 2 des Partizipations- und Integrati- onsgesetzes“ ersetzt.

Artikel IV Änderung des Landesgleichberechtigungsgesetzes

§ 6 Absatz 2 Satz 3 des Landesgleichberechtigungsgesetzes in der Fassung vom 28. September 2006 (GVBl. S. 957, 958), das durch Gesetz vom 3. Juli 2009 (GVBl. S. 306) geändert worden ist, wird wie folgt geändert:

1. Im einleitenden Teilsatz wird das Wort „acht" durch das Wort „neun" ersetzt.

2. Nach Buchstabe f wird folgender Buchstabe g angefügt:

„g) der oder des Beauftragten des Senats für Integration und Migration,“.

Artikel V Änderung des Berliner Seniorenmitwirkungsgesetzes

Dem § 6 Absatz 1 Nummer 2 des Berliner Seniorenmitwirkungsgesetzes vom 25. Mai 2006 (GVBl. S. 458) wird folgender Satz angefügt:

„Hierbei soll mindestens eine Vertreterin oder ein Vertreter aus dem Kreis der Orga- nisationen berücksichtigt werden, die sich in Berlin für Belange der Seniorinnen und Senioren mit Migrationshintergrund im Sinne des § 2 des Partizipations- und Integra- tionsgesetzes einsetzen.“

Artikel VI Änderung des Gesetzes über die Sonn- und Feiertage

Das Gesetz über die Sonn- und Feiertage vom 28. Oktober 1954 (GVBl. S. 615), das zuletzt durch Gesetz vom 2. Dezember 1994 (GVBl. S. 491) geändert worden ist, wird wie folgt geändert:

1. § 2 wird wie folgt geändert:

a) Die Überschrift wird wie folgt gefasst:

„§ 2 Religiöse Feiertage“. Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 8 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

b) Absatz 1 wird wie folgt gefasst:

„(1) Religiöse Feiertage im Sinne dieses Gesetzes sind Feiertage, die von den christlichen Kirchen, den muslimischen Glaubensgemeinschaften, der Jüdischen Gemeinde zu Berlin und anderen Religionsgesellschaften be- gangen werden und nicht allgemeine Feiertage im Sinne des § 1 sind.“

c) In Absatz 2 wird jeweils das Wort „kirchlichen“ durch das Wort „religiösen“ ersetzt.

2. In § 4 Satz 1 wird das Wort „kirchlichen“ durch das Wort „religiösen“ ersetzt.

Artikel VII Änderung des Allgemeinen Zuständigkeitsgesetzes

Das Allgemeine Zuständigkeitsgesetz in der Fassung vom 22. Juli 1996 (GVBl. S. 302, 472), das zuletzt durch § 4 des Gesetzes vom 8. Juli 2010 (GVBl. S. 361) ge- ändert worden ist, wird wie folgt geändert:

1. a) In § 34 Absatz 3 Buchstabe c werden das Wort „Hilfsbedürftige“ durch das Wort „Bedürftige“ und der abschließende Punkt durch ein Semikolon ersetzt.

b) Nach Buchstabe c wird folgender Buchstabe d angefügt:

„d) zwei Vertretern von Organisationen, die sich für Belange der sozial- hilfeberechtigten Menschen mit Migrationshintergrund im Sinne des § 2 des Partizipations- und Integrationsgesetzes einsetzen und zwar vorrangig von Migrantenverbänden.“

2. In Nummer 14 Absatz 14 der Anlage zu § 4 Absatz 1 Satz 1 werden nach dem Wort „Zuwanderern“ die Wörter „auf Landesebene“ eingefügt.

Artikel VIII Änderung des Bezirksverwaltungsgesetzes

Das Bezirksverwaltungsgesetz in der Fassung vom 14. Dezember 2005 (GVBl. 2006 S. 2), das zuletzt durch Gesetz vom 17. Dezember 2009 (GVBl. S. 873) geändert worden ist, wird wie folgt geändert:

1. § 9 Absatz 1 wird wie folgt gefasst:

„(1) Die Bezirksverordnetenversammlung bildet aus ihrer Mitte den Ältesten- rat, den Integrationsausschuss (§ 32) und die weiteren Ausschüsse. Sie wählt für den Integrationsausschuss mindestens vier bis höchstens sieben Bürger- deputierte (§ 20) hinzu; die Bezirksverordneten müssen die Mehrheit bilden. Die Größe des Integrationsausschusses soll regelmäßig 15 Mitglieder nicht Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 9 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

überschreiten. Die Bezirksverordnetenversammlung kann für die weiteren Ausschüsse, in denen Bürgerdeputierte mitwirken sollen, bis zu vier Bürger- deputierte hinzuwählen; die Bezirksverordneten müssen die Mehrheit bilden. Die Größe der weiteren Ausschüsse soll regelmäßig auf höchstens 13 Be- zirksverordnete, bei Zuwahl von Bürgerdeputierten auf höchstens elf Bezirks- verordnete begrenzt werden. Gesetzliche Sonderregelungen für den Jugend- hilfeausschuss (§ 33) bleiben unberührt.“

2. § 20 wird wie folgt gefasst:

„ § 20 Bürgerdeputierte

Bürgerdeputierte sind sachkundige Bürgerinnen und Bürger, die stimmberechtigt an der Arbeit der Ausschüsse der Bezirksverordnetenversammlung teil- nehmen. Auch Personen, die nicht Deutsche im Sinne des Artikels 116 Absatz 1 des Grundgesetzes sind, können Bürgerdeputierte werden. Bei den in den Integrationsausschuss zu wählenden Bürgerdeputierten sollen insbesondere Bürgerinnen und Bürger mit Migrationshintergrund im Sinne des § 2 des Parti- zipations- und Integrationsgesetzes berücksichtigt werden.“

3. Nach § 21 Absatz 1 Satz 2 wird folgender Satz eingefügt:

„Insbesondere Verbände, die in die nach § 6 Absatz 4 des Partizipations- und Integrationsgesetzes von der für Integration zuständigen Senatsverwaltung zu führende Liste eingetragen sind, können den Fraktionen Vorschläge für die Wahl der Bürgerdeputierten für den Integrationsausschuss unterbreiten.“

4. Vor § 33 wird folgender § 32 eingefügt:

„§ 32 Integrationsausschuss

Der Integrationsausschuss ist zuständig für Angelegenheiten, die nicht nur unerhebliche Auswirkungen auf die Integration der Menschen mit Migrations- hintergrund im Sinne des § 2 des Partizipations- und Integrationsgesetzes haben. Das Nähere regelt die Bezirksverordnetenversammlung in ihrer Ge- schäftsordnung.“

Artikel IX Änderung des Laufbahngesetzes

In § 3 Absatz 3 des Laufbahngesetzes in der Fassung vom 16. Februar 2003 (GVBl. S. 137, 138, 200) das zuletzt durch Artikel II des Gesetzes vom 19. März 2009 (GVBl. S. 70) geändert worden ist, wird nach dem Wort „soziale“ ein Komma und das Wort „interkulturelle“ eingefügt.

Artikel X Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 10 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

Änderung des Bestattungsgesetzes

Das Bestattungsgesetz vom 2. November 1973 (GVBl. S. 1830), das zuletzt durch Gesetz vom 19. Mai 2004 (GVBl. S. 215) geändert worden ist, wird wie folgt geän- dert:

1. In der Inhaltsübersicht wird nach der Angabe zu § 10 folgende Angabe einge- fügt:

„ § 10a Rituelle Waschungen von Leichen“

2. Nach § 10 wird folgender § 10a eingefügt:

„§ 10a Rituelle Waschungen von Leichen

Rituelle Waschungen von Leichen dürfen nur in den vom Bezirksamt hierfür als geeignet anerkannten Räumen in Leichenhallen oder religiösen Einrich- tungen unter Einhaltung geeigneter hygienischer Schutzmaßnahmen durchge- führt werden.“

3. § 18 wird wie folgt geändert:

a) Nach Absatz 1 wird folgender Absatz 2 eingefügt:

„(2) Abweichend von der Pflicht nach § 10 Satz 1, in einem Sarg zu bestat- ten, können Leichen aus religiösen Gründen auf vom Friedhofsträger be- stimmten Grabfeldern in einem Leichentuch ohne Sarg erdbestattet werden. Die Leiche ist auf dem Friedhof bis zur Grabstätte in einem geeigne- ten Sarg zu transportieren.“

b) Die bisherigen Absätze 2 und 3 werden die Absätze 3 und 4.

4. In § 24 Absatz 1 wird nach Nummer 6 folgende Nummer 6a eingefügt:

„6a. entgegen § 10a rituelle Waschungen in einem nicht als geeignet anerkannten Raum oder ohne Einhaltung geeigneter hygienischer Schutz- maßnahmen durchführt,“.

Artikel XI Änderung der Verordnung zur Durchführung des Bestattungsgesetzes

Die Verordnung zur Durchführung des Bestattungsgesetzes vom 22. Oktober 1980 (GVBl. S. 2403), die zuletzt durch § 11 des Gesetzes vom 30. März 2006 (GVBl. S. 300) geändert worden ist, wird wie folgt geändert:

1. In der Inhaltsübersicht wird nach der Angabe zu § 22 folgende Angabe einge- fügt: Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 11 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

„§ 22 a Räume für rituelle Waschungen“

2. In § 10 Satz 2 werden nach dem Wort „sind“ die Wörter „vorbehaltlich des § 18 Absatz 2 des Bestattungsgesetzes“ eingefügt.

3. § 12 Absatz 1 und 2 wird wie folgt gefasst:

„(1) Die eine Leichenschau durchführenden Ärztinnen und Ärzte, die Bestatter und andere Personen, die Umgang mit der Leiche haben oder die tatsächliche Gewalt über den Sterbeort innehaben, müssen bei Kontakt mit potentiell infek- tiösen Materialien (z. B. Blut, Stuhl oder Sekrete der Leiche) neben den durch andere Vorschriften vorgeschriebenen Schutzmaßnahmen

a) geeignete persönliche Schutzkleidung tragen (mindestens Einmalhand- schuhe und Schutzkittel), b) geeignete Desinfektionsmaßnahmen wie Instrumentendesinfektion, Flä- chendesinfektion aller kontaminierten Flächen und hygienische Händedes- infektion nach Ablegen der Schutzkleidung durchführen und, c) wenn die verstorbene Person an ansteckungsfähiger offener Lungentuber- kulose erkrankt war oder der Verdacht einer solchen Erkrankung besteht, geeignete Atemschutzmasken tragen.

Das Gesundheitsamt kann erforderlichenfalls weitere Schutzmaßnahmen an- ordnen.

(2) War die verstorbene Person an einer hochkontagiösen lebensbedrohlichen Krankheit wie Lungenpest oder Virusbedingtem hämorrhagischem Fieber (VHF), das von Mensch zu Mensch übertragbar ist, erkrankt oder treten Tat- sachen auf, die auf eine solche übertragbare Krankheit schließen lassen, so ist jeglicher Kontakt mit der Leiche zu vermeiden und unverzüglich das Ge- sundheitsamt zu informieren. Das Gesundheitsamt legt die weiteren Maß- nahmen im Umgang mit der Leiche insbesondere hinsichtlich der erforderli- chen Desinfektionsmaßnahmen, der Einsargung und des Transports der Lei- che, der Kennzeichnungspflichten sowie der Art und des Ortes der Bestattung fest, soweit eine fortbestehende Infektionsgefahr nicht auszuschließen ist.“

4. § 13 wird wie folgt geändert:

a) In Satz 1 werden die Wörter „vor Beginn ihrer Tätigkeit waschbare Über- kleider oder Schürzen“ durch die Wörter „unbeschadet anderer gesetzli- cher Vorschriften vor Beginn ihrer Tätigkeit geeignete persönliche Schutz- kleidung (mindestens Einmalhandschuhe und Schutzkittel)“ ersetzt.

b) Satz 3 wird wie folgt gefasst:

„§ 12 Absatz 1 und 2 bleibt unberührt.“

5. § 14 wird wie folgt geändert:

a) Der Wortlaut wird Absatz 1 und wie folgt geändert: Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 12 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

aa) In Satz 2 werden nach dem Wort „Bekleidung“ die Wörter „oder Umhül- lung“ eingefügt.

bb) Satz 3 wird aufgehoben.

b) Folgender Absatz 2 wird angefügt:

„(2) Auf den Sarg nach § 18 Absatz 2 Satz 2 des Bestattungsgesetzes findet Absatz 1 Satz 1 Anwendung. Der Sarg kann wiederverwendbar sein. Er ist nach jedem Transport unverzüglich desinfizierend zu reinigen. Wird ein Sarg verwendet, der nicht desinfizierend gereinigt werden kann, ist er nach der Bestattung durch den Bestattungspflichtigen oder dessen Beauf- tragten ordnungsgemäß zu entsorgen.“

6. § 15 Absatz 1 Satz 4 wird aufgehoben.

7. § 16 wird wie folgt gefasst:

„ § 16 Beschaffenheit der Särge bei Beförderung von Leichen

Leichen dürfen an einen Ort außerhalb Berlins nur in einem gut abgedichteten Sarg befördert werden, dessen Beschaffenheit entsprechend der Bestat- tungsart den Anforderungen der §§ 14 und 15 entspricht.“

8. Nach § 22 wird folgender § 22a eingefügt:

„§ 22a Räume für rituelle Waschungen

Räume im Sinne des § 10a des Bestattungsgesetzes dürfen nicht mit Räumen überbaut sein, die Wohnzwecken dienen. Im Übrigen sind § 20 Absatz 1, 2 Satz 1 und Absatz 3 sowie § 22 dieser Verordnung entsprechend anzuwen- den.“

9. In § 30 Absatz 1 Nummer 6 Buchstabe b werden nach dem Wort „Leichenbe- kleidung“ die Wörter „oder -umhüllung“ eingefügt.

Artikel XII Änderung des Gesetzes zur Ausführung des Kinder- und Jugendhilfegesetzes

Das Gesetz zur Ausführung des Kinder- und Jugendhilfegesetzes in der Fassung vom 27. April 2001 (GVBl. S. 134), das zuletzt durch Artikel III des Gesetzes vom 17. Dezember 2009 (GVBl. S. 848, 851) und durch Artikel VII des Gesetzes vom 17. De- zember 2009 (GVBl. S. 875, 879) geändert worden ist, wird wie folgt geändert:

1. § 35 wird wie folgt geändert:

Gesetz zur Regelung von Partizipation und Integration in Berlin vom 15. Dezember 2010 (PartIntG) Seite 13 Verkündet im Gesetz- und Verordnungsblatt für Berlin am 28.Dezember 2010

a) Absatz 7 wird wie folgt geändert:

aa) In Nummer 7 wird das abschließende Wort „und“ durch ein Komma ersetzt.

bb) Nach Nummer 7 wird folgende Nummer 8 eingefügt:

„8. eine Vertreterin oder ein Vertreter des Integrationsausschusses der Bezirksverordnetenversammlung und“.

cc) Die bisherige Nummer 8 wird Nummer 9.

b) Absatz 8 wird wie folgt gefasst:

„(8) Die in Absatz 7 Nummer 3, 4 und 5 genannten Personen werden von dem für den Geschäftsbereich Jugend zuständigen Mitglied des Bezirks- amts, die in Nummer 6 genannte Person vom Bezirksschulbeirat, die in Nummer 7 genannten Personen von ihrer Religions- oder Weltanschau- ungsgemeinschaft, die in Nummer 8 genannte Person vom Integrations- ausschuss und die in Nummer 9 genannten Personen durch den Aus- schuss selbst für jeweils eine Amtsperiode benannt und von der Bezirks- verordnetenversammlung berufen. Welche Weltanschauungsgemeinschaft die Person zur Vertretung der freigeistigen Verbände benennt, entscheidet das für den Geschäftsbereich Jugend zuständige Mitglied des Bezirks- amts.“

c) Absatz 9 Satz 2 wird aufgehoben.

2. § 38 wird wie folgt geändert:

a) Absatz 3 wird wie folgt geändert:

aa) In Nummer 8 wird das abschließende Wort „und“ durch ein Komma ersetzt.

bb) In Nummer 9 wird der abschließende Punkt durch das Wort „und“ ersetzt.

cc) Es wird folgende Nummer 10 angefügt:

„10. eine Vertreterin oder einen Vertreter des Landesbeirats für Integ- rations- und Migrationsfragen.“

b) In Absatz 8 wird nach der Angabe „Absatz 3 Nr. 1 bis 7“ die Angabe „und 10“ eingefügt.

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Artikel XIII Änderung des Schulgesetzes

Das Schulgesetz vom 26. Januar 2004 (GVBl. S. 26), das zuletzt durch Gesetz vom 28. Juni 2010 (GVBl. S. 342) geändert worden ist, wird wie folgt geändert:

1. In § 111 Absatz 1 Satz 3 werden nach dem Wort „Vertreter“ die Wörter „sowie eine Vertreterin oder ein Vertreter des Integrationsausschusses der Bezirks- verordnetenversammlung“ eingefügt.

2. In § 113 Absatz 2 Satz 3 werden nach dem Wort „Mitglieder“ die Wörter „sowie eine Vertreterin oder ein Vertreter des Landesbeirats für Integrations- und Migrationsfragen“ eingefügt.

3. Dem § 115 Absatz 4 wird folgender Satz angefügt:

„Weiterhin gehören ihm eine Vertreterin oder ein Vertreter des Landesbeirats für Integrations- und Migrationsfragen mit beratender Stimme an.“

Artikel XIV Bekanntmachungserlaubnis

Die für Inneres zuständige Senatsverwaltung kann den Wortlaut des Bezirksverwal- tungsgesetzes in der Fassung vom 14. Dezember 2005 (GVBl. 2006 S. 2), das zuletzt durch Gesetz vom 17. Dezember 2009 (GVBl. S. 873) geändert worden ist, in der mit Beginn der 17. Wahlperiode des Abgeordnetenhauses von Berlin an gelten- den Fassung im Gesetz- und Verordnungsblatt für Berlin bekannt machen.

Artikel XV Inkrafttreten

Dieses Gesetz tritt vorbehaltlich des Satzes 2 am Tage nach der Verkündung im Ge- setz- und Verordnungsblatt für Berlin in Kraft. Artikel I § 6 Absatz 1 und 4 Satz 1 und § 7 sowie Artikel VIII treten mit Beginn der 17. Wahlperiode des Abgeordnetenhau- ses von Berlin in Kraft.

Impressum

Herausgeber: Der Beauftragte des Senats von Berlin für Integration und Migration Potsdamer Straße 65 10785 Berlin

Telefon: (030) 9017-2351 Telefax: (030) 9017-2320

E-Mail: [email protected] Internet: http://www.integrationsbeauftragter.berlin.de

Landesgesetz über die Einrichtung von kommunalen Beiräten für Migration und Integration Vom 26. November 2008 GVBl. S. 294.

Der Landtag Rheinland-Pfalz hat das folgende Gesetz beschlossen:

Artikel 1 Änderung der Gemeindeordnung

Die Gemeindeordnung in der Fassung vom 31. Januar 1994 (GVBl. S. 153), zuletzt geändert durch Artikel 1 des Gesetzes vom 21. Dezember 2007 (GVBl. 2008 S. 1), BS 2020-1, wird wie folgt geändert:

1. In § 18 Abs. 1 wird das Wort „Ausländerbeirats“ durch die Worte „Beirats für Migration und Integration“ ersetzt. 2. § 56 erhält folgende Fassung: „§ 56 Beirat für Migration und Integration

(1) In Gemeinden, in denen mehr als 1000 ausländische Einwohner ihre Hauptwohnung haben, ist ein Beirat für Migration und Integration einzurichten; zu den ausländischen Einwohnern zählen auch Staatenlose. In anderen Gemeinden kann aufgrund einer Satzung ein Beirat für Migration und Integration eingerichtet werden. Die Zahl der Mitglieder des Beirats für Migration und Integration ist in einer Satzung zu bestimmen; für ihre Rechtsstellung gelten die §§ 18 und 18 a Abs. 1 bis 3 und 5 sowie die §§ 19 bis 22 und 30 entsprechend. (2) Die Mitglieder des Beirats für Migration und Integration werden in allgemeiner, gleicher, geheimer, unmittelbarer und freier Wahl für die Dauer von fünf Jahren gewählt. Wahlberechtigt sind 1. alle ausländischen Einwohner und 2. alle Einwohner, die als Spätaussiedler oder deren Familienangehörige nach § 7 des Staatsangehörigkeitsgesetzes oder durch Einbürgerung die deutsche Staatsangehörigkeit erworben haben, soweit sie jeweils die Voraussetzungen des § 1 Abs. 1 Nr. 1 bis 3 des Kommunalwahlgesetzes erfüllen. Wählbar sind alle Wahlberechtigten im Sinne des Satzes 2 sowie alle Bürger der Gemeinde. Im Übrigen gelten § 1 Abs. 2 und 3 und die §§ 2 , 3 und 4 Abs. 1 und 2 Nr. 1 und 2 des Kommunalwahlgesetzes entsprechend. Das Nähere regelt die Satzung; sie kann vorsehen, dass zusätzlich zu den gewählten Mitgliedern weitere Mitglieder in den Beirat für Migration und Integration berufen werden, wobei die Zahl der berufenen Mitglieder ein Drittel der Gesamtzahl der Mitglieder nicht überschreiten darf. (3) Werden keine Wahlvorschläge eingereicht oder zugelassen oder übersteigt die Zahl der zugelassenen Bewerber nicht die Zahl der zu wählenden Mitglieder des Beirats für Migration und Integration, findet keine Wahl statt und die Verpflichtung zur Einrichtung eines Beirats für Migration und Integration nach Absatz 1 Satz 1 entfällt für die Dauer von fünf Jahren. In diesem Fall soll ein Beirat für die Belange von Menschen mit Migrationshintergrund nach Maßgabe des § 56 a eingerichtet werden. (4) Der Beirat für Migration und Integration wählt in seiner ersten Sitzung einen Vorsitzenden und einen oder mehrere Stellvertreter. Im Übrigen gelten die Bestimmungen der Geschäftsordnung des Gemeinderats entsprechend. (5) Der Beirat für Migration und Integration kann über alle Angelegenheiten der Migration und Integration beraten. Gegenüber den Organen der Gemeinde kann er sich hierzu äußern, soweit Selbstverwaltungsangelegenheiten der Gemeinde betroffen sind. (6) Auf Antrag des Beirats für Migration und Integration hat der Bürgermeister Angelegenheiten im Sinne des Absatzes 5 Satz 2 dem Gemeinderat zur Beratung und Entscheidung vorzulegen. Der Vorsitzende des Beirats für Migration und Integration oder einer seiner Stellvertreter ist berechtigt, bei der Beratung aller Angelegenheiten, die Migration und Integration betreffen, an Sitzungen des Gemeinderats oder seiner Ausschüsse mit beratender Stimme teilzunehmen; Weiteres kann in der Geschäftsordnung des Gemeinderats geregelt werden. Der Beirat für Migration und Integration soll zu Fragen, die ihm vom Gemeinderat, einem Ausschuss oder dem Bürgermeister vorgelegt werden, Stellung nehmen.“

3. In § 64 Abs. 2 Nr. 6 wird das Wort „Ausländerbeirats“ durch die Worte „Beirats für Migration und Integration“ ersetzt. 4. Die Inhaltsübersicht wird entsprechend der vorstehenden Nummer 2 geändert.

Artikel 2 Änderung der Landkreisordnung

Die Landkreisordnung in der Fassung vom 31. Januar 1994 (GVBl. S. 188), zuletzt geändert durch Artikel 2 des Gesetzes vom 21. Dezember 2007 (GVBl. 2008 S. 1), BS 2020-2, wird wie folgt geändert:

1. In § 12 Abs. 1 wird das Wort „Ausländerbeirats“ durch die Worte „Beirats für Migration und Integration“ ersetzt.

2. § 49 a erhält folgende Fassung: „§ 49 a Beirat für Migration und Integration

(1) In Landkreisen, in denen mehr als 5000 ausländische Einwohner ihre Hauptwohnung haben, ist ein Beirat für Migration und Integration einzurichten; zu den ausländischen Einwohnern zählen auch Staatenlose. In anderen Landkreisen kann aufgrund einer Satzung ein Beirat für Migration und Integration eingerichtet werden. Die Zahl der Mitglieder des Beirats für Migration und Integration ist in einer Satzung zu bestimmen; für ihre Rechtsstellung gelten die §§ 12 und 12 a Abs. 1 bis 3 und 5 sowie die §§ 13 bis 16 und 23 entsprechend. (2) Die Mitglieder des Beirats für Migration und Integration werden in allgemeiner, gleicher, geheimer, unmittelbarer und freier Wahl für die Dauer von fünf Jahren gewählt. Wahlberechtigt sind 1. alle ausländischen Einwohner und 2. alle Einwohner, die als Spätaussiedler oder deren Familienangehörige nach § 7 des Staatsangehörigkeitsgesetzes oder durch Einbürgerung die deutsche Staatsangehörigkeit erworben haben, soweit sie jeweils die Voraussetzungen des § 1 Abs. 1 Nr. 1 bis 3 des Kommunalwahlgesetzes erfüllen. Wählbar sind alle Wahlberechtigten im Sinne des

Satzes 2 sowie alle Bürger des Landkreises. Im Übrigen gelten § 1 Abs. 2 und 3 und die §§ 2 , 3 und 4 Abs. 1 und 2 Nr. 1 und 2 des Kommunalwahlgesetzes entsprechend. Das Nähere regelt die Satzung; sie kann vorsehen, dass zusätzlich zu den gewählten Mitgliedern weitere Mitglieder in den Beirat für Migration und Integration berufen werden, wobei die Zahl der berufenen Mitglieder ein Drittel der Gesamtzahl der Mitglieder nicht überschreiten darf. (3) Werden keine Wahlvorschläge eingereicht oder zugelassen oder übersteigt die Zahl der zugelassenen Bewerber nicht die Zahl der zu wählenden Mitglieder des Beirats für Migration und Integration, findet keine Wahl statt und die Verpflichtung zur Einrichtung eines Beirats für Migration und Integration nach Absatz 1 Satz 1 entfällt für die Dauer von fünf Jahren. In diesem Fall soll ein Beirat für die Belange von Menschen mit Migrationshintergrund nach Maßgabe des § 49 b eingerichtet werden. (4) Der Beirat für Migration und Integration wählt in seiner ersten Sitzung einen Vorsitzenden und einen oder mehrere Stellvertreter. Im Übrigen gelten die Bestimmungen der Geschäftsordnung des Kreistags entsprechend. (5) Der Beirat für Migration und Integration kann über alle Angelegenheiten der Migration und Integration beraten. Gegenüber den Organen des Landkreises kann er sich hierzu äußern, soweit Selbstverwaltungsangelegenheiten des Landkreises betroffen sind. (6) Auf Antrag des Beirats für Migration und Integration hat der Landrat Angelegenheiten im Sinne des Absatzes 5 Satz 2 dem Kreistag zur Beratung und Entscheidung vorzulegen. Der Vorsitzende des Beirats für Migration und Integration oder einer seiner Stellvertreter ist berechtigt, bei der Beratung aller Angelegenheiten, die Migration und Integration betreffen, an Sitzungen des Kreistags oder seiner Ausschüsse mit beratender Stimme teilzunehmen; Weiteres kann in der Geschäftsordnung des Kreistags geregelt werden. Der Beirat für Migration und Integration soll zu Fragen, die ihm vom Kreistag, einem Ausschuss oder dem Landrat vorgelegt werden, Stellung nehmen.“

3. Die Inhaltsübersicht wird entsprechend der vorstehenden Nummer 2 geändert.

Artikel 3 Änderung des Landesgesetzes zur Änderung kommunalrechtlicher Vorschriften

Das Landesgesetz zur Änderung kommunalrechtlicher Vorschriften vom 5. Oktober 1993 (GVBl. S. 481), zuletzt geändert durch Artikel 5 des Gesetzes vom 15. Oktober 2004 (GVBl. S. 457), BS 2020-2 a, wird wie folgt geändert:

Artikel 7 Abs. 5 wird gestrichen.

Artikel 4 Änderung der Landesverordnung über die Aufwandsentschädigung für kommunale Ehrenämter

Die Landesverordnung über die Aufwandsentschädigung für kommunale Ehrenämter vom 27. November 1997 (GVBl. S. 435), geändert durch Verordnung vom 18. September 2001 (GVBl. S. 252), BS 2020-4, wird wie folgt geändert:

1. In § 1 Abs. 1 Nr. 2 wird das Wort „Ausländerbeiräte“ durch die Worte „Beiräte für Migration und Integration“ ersetzt. 2. § 7 erhält folgende Fassung: „§ 7 Beirat für Migration und Integration

Für den Vorsitz und den stellvertretenden Vorsitz in einem Beirat für Migration und Integration gilt § 5 entsprechend.“ 3. Die Inhaltsübersicht wird entsprechend der vorstehenden Nummer 2 geändert.

Artikel 5 Änderung des Meldegesetzes

Das Meldegesetz vom 22. Dezember 1982 (GVBl. S. 463), zuletzt geändert durch Artikel 1 des Gesetzes vom 25. Juli 2005 (GVBl. S. 309), BS 210-20, wird wie folgt geändert:

In § 3 Abs. 2 Nr. 1 und § 35 Abs. 1 Satz 1 werden die Worte „Parlaments-, Kommunal- und Ausländerbeiratswahlen“ jeweils durch die Worte „Parlamentswahlen, Kommunalwahlen und Wahlen für Beiräte für Migration und Integration“ ersetzt.

Artikel 6 Änderung des Kommunalwahlgesetzes (….) (Art. 6 betrifft nicht die Beiräte für Migration und Integration)

Artikel 7 Übergangsbestimmungen

Die Beiräte für Migration und Integration sind nach Maßgabe dieses Gesetzes bis spätestens 1. Januar 2010 einzurichten. Die bis zum Ablauf des 31. Dezember 2008 eingerichteten Ausländerbeiräte bleiben bis zum Ablauf der Zeit, für die sie eingerichtet sind, längstens jedoch bis zum Ablauf des 31. Dezember 2009, bestehen und nehmen in dieser Zeit die Aufgaben der Beiräte für Migration und Integration wahr.

Artikel 8 Inkrafttreten

Dieses Gesetz tritt am 1. Januar 2009 in Kraft.

Annex 9:

The schools in Brandenburg listed below offer instruction in Sorbian/Wendish as a foreign language in all years, although not all places are taken up:

1. Peitz Primary School, 2. Burg Primary School, 3. Cottbus Unesco Project School, 4. Kollerberg Primary School, 5. Laubsdorf Primary School, 6. Cottbus R.H. Primary School, 7. Astrid Lindgren Primary School Cottbus, 8. Calau Primary School, 9. Jänschwalde Primary School, 10. Erich Kästner Primary School Cottbus, 11. Wilhelm Nevoigt Primary School Cottbus, 12. Christoph Kolumbus Primary School Cottbus, 13. Sielow Primary School, 14. Vetschau Primary and Secondary Modern School 15. Briesen Primary School, 16. Krieschow Primary School, 17. Selessen Primary School, 18. Fröbel Primary School Cottbus, 19. Drebkau Primary School, 20. Wadelsdorf Primary School, and the independent Evangelical Gottfried Forck Primary School Cottbus.

The Primary School in Drebkau is offering Sorbian/Wendish in 2011/2012 for the first time in year six.

There now follows an overview of the number of pupils by years:

Year State schools Peitz Burg Unesco Koller- Laubs- Kolumbus Sielow Vet- Briese Project berg dorf Cottbus schau n Cottbus 1 2 38 1 8 10 12 15 0 31 2 2 32 11 4 16 0 7 1 9

3 10 18 9 4 9 0 5 0 1

4 5 17 7 2 4 0 8 3 6

5 0 15 7 6 5 0 4 3 5

6 4 14 4 5 0 0 11 0 9

Total 23 134 39 29 44 12 50 7 61

Year State schools

Krieschow Selessen Fröbel Drebkau Wadelsd R.-H. Lindgren Cottbus orf Cottbus Cottbus

1 10 0 15 0 16 9 24

2 18 0 7 0 18 10 25

3 12 0 3 0 9 4 15

4 18 6 7 0 9 8 8

5 6 0 0 0 0 3 7

6 10 0 0 4 0 4 6

Total 74 6 32 4 52 38 85

Year State schools Independent schools

Calau Jänschwalde Kästner Nevoigt Total Ev. Forck Cottbus Cottbus

1 8 24 12 7 0

2 7 10 11 8 Sum of all 4

3 7 12 16 4 three tables 5

4 7 14 8 8 2

5 5 13 7 10 3

6 0 10 3 5 2

Total 34 83 57 42 906 16

Annex 10:

Bilingual instruction is offered at five schools in Brandenburg:

1. Burg Primary School, 2. Jänschwalde Primary School, 3. Briesen Primary School, 4. Primary and Secondary Modern Vetschau, 5. Sielow Primary School.

There now follows an overview of the number of pupils according to years 1 to 6:

Year Schools Burg Jänsch Briesen Vetschau Sielow Total walde 1 7 27 10 2 20 66 2 7 10 5 4 16 42 3 0 14 9 2 14 39 4 6 14 0 7 21 48 5 3 12 0 3 2 20 6 4 7 0 2 11 24 Total 27 84 24 20 84 239