Anti-discrimination unit publishes new report on Germany
A new report on discrimination in Germany outlines the high
level of violence motivated by racism and homo/transphobia and complains
of a lack of support for victims of racist attacks.
The European Commission Against Racism and Intolerance’s (ECRI) survey of Germany does note progress in the fight against bigotry. It welcomes the strengthening of “preventive action to make young people more aware of the dangers stemming from neo-Nazi and extreme right-wing organisations.”
The ECRI report also highlights the “important role” of the Constitutional Court in improving the legal situation of LGBT persons.
But the report’s authors also make known their concerns about official efforts to fight prejudice. They note that “in 2012, the Bundesrat failed in a further attempt to have racist motivation included in the Criminal Code as an aggravating circumstance. In the field of incitement to hatred, there is a considerable degree of impunity.
“There is a lack of support for victims of racist acts or racial discrimination on the part of government bodies, for example through racial profiling. The ADS and the specialised agencies in the Länder lack the necessary resources to be effective throughout German territory and most of the Länder do not have their own specialised body.
“Since reunification, the number of murders and the level of violence motivated by racism and homo/transphobia are high in Germany. There is no reliable statistical tool for measuring the scale of violence and hate speech motivated by racism and homo/transphobia. The high rate of ‘under – reporting’ of offences involving racism and homo/transphobia reflects a lack of confidence on the part of vulnerable groups in the effectiveness of criminal proceedings brought by the police and the prosecution services.
“This ineffectiveness was highlighted by the failings in the investigation of the murders committed by the National Socialist Underground (NSU) movement. A racist motivation is recognised in only a small number of judgments.”
ECRI monitors are also worried by an official interpretation of racism, which they say is too narrow and report that the Action Plan against Racism and Intolerance has not been updated since 2008.
According to ECRI, “the Sinti and Roma in particular still suffer considerable discrimination,” as do children of migrant backgrounds, who receive less encouragement from teachers to attend ‘Gymnasium’ – the type of secondary education preparing pupils for university.
The ECRI report states: “Teachers are three times more likely to recommend Gymnasium, if the child is from a higher socio-economic status, which is detrimental for children of migrant background.”
The report also expresses concern about the treatment of Germany’s lesbian, gay, bi-sexual, transgender, queer and inter-sex people (LGBTQ).
“There is considerable discrimination towards LGBT persons, which contributes to the tendency for LGBT persons to conceal their sexual orientation,” ECRI reveals. “The situation of transgender persons is particularly bad in the employment field. Transsexualism is classed as a ‘disorder of personality and behaviour.’
“Many LGBT persons suffer discrimination from health professionals. There are significant differences in law between recognised same-sex couples and married couples.”
ECRI advises the government to ratify Protocol No. 12 to the European Convention on Human Rights as soon as possible. Laws should be updated to include “a prohibition on racial profiling and make it obligatory to discontinue public funding of organisations, including political parties, which promote racism.”
ECRI also recommends that the German authorities “should ensure that the ADS is able to discharge its functions and responsibilities throughout German territory or set up a specialised independent authority in all the Länder.
Transsexuals should also have the right to change their gender marker in documents such as educational diplomas and employment certificates.
More information
The European Commission Against Racism and Intolerance’s (ECRI) survey of Germany does note progress in the fight against bigotry. It welcomes the strengthening of “preventive action to make young people more aware of the dangers stemming from neo-Nazi and extreme right-wing organisations.”
The ECRI report also highlights the “important role” of the Constitutional Court in improving the legal situation of LGBT persons.
But the report’s authors also make known their concerns about official efforts to fight prejudice. They note that “in 2012, the Bundesrat failed in a further attempt to have racist motivation included in the Criminal Code as an aggravating circumstance. In the field of incitement to hatred, there is a considerable degree of impunity.
“There is a lack of support for victims of racist acts or racial discrimination on the part of government bodies, for example through racial profiling. The ADS and the specialised agencies in the Länder lack the necessary resources to be effective throughout German territory and most of the Länder do not have their own specialised body.
“Since reunification, the number of murders and the level of violence motivated by racism and homo/transphobia are high in Germany. There is no reliable statistical tool for measuring the scale of violence and hate speech motivated by racism and homo/transphobia. The high rate of ‘under – reporting’ of offences involving racism and homo/transphobia reflects a lack of confidence on the part of vulnerable groups in the effectiveness of criminal proceedings brought by the police and the prosecution services.
“This ineffectiveness was highlighted by the failings in the investigation of the murders committed by the National Socialist Underground (NSU) movement. A racist motivation is recognised in only a small number of judgments.”
ECRI monitors are also worried by an official interpretation of racism, which they say is too narrow and report that the Action Plan against Racism and Intolerance has not been updated since 2008.
According to ECRI, “the Sinti and Roma in particular still suffer considerable discrimination,” as do children of migrant backgrounds, who receive less encouragement from teachers to attend ‘Gymnasium’ – the type of secondary education preparing pupils for university.
The ECRI report states: “Teachers are three times more likely to recommend Gymnasium, if the child is from a higher socio-economic status, which is detrimental for children of migrant background.”
The report also expresses concern about the treatment of Germany’s lesbian, gay, bi-sexual, transgender, queer and inter-sex people (LGBTQ).
“There is considerable discrimination towards LGBT persons, which contributes to the tendency for LGBT persons to conceal their sexual orientation,” ECRI reveals. “The situation of transgender persons is particularly bad in the employment field. Transsexualism is classed as a ‘disorder of personality and behaviour.’
“Many LGBT persons suffer discrimination from health professionals. There are significant differences in law between recognised same-sex couples and married couples.”
ECRI advises the government to ratify Protocol No. 12 to the European Convention on Human Rights as soon as possible. Laws should be updated to include “a prohibition on racial profiling and make it obligatory to discontinue public funding of organisations, including political parties, which promote racism.”
ECRI also recommends that the German authorities “should ensure that the ADS is able to discharge its functions and responsibilities throughout German territory or set up a specialised independent authority in all the Länder.
Transsexuals should also have the right to change their gender marker in documents such as educational diplomas and employment certificates.
More information
No comments:
Post a Comment