AND CULTURAL RIGHTS
SOCIAL AND CULTURAL RIGHTS
1. According to paragraph 88 of the core document (HRI/CORE/1/Add.75) the ratification of the Covenant has rendered it "an integral part of the domestic legislation". At the same time it is mentioned that the Covenant "will provide important proposals and impulses for national legislation". Please indicate what law or laws have been adopted and court decisions rendered for the purpose of giving effect to the provisions of the Covenant.
2. Please indicate how the 16 Länder give effect to the Covenant, especially the new Länder.
3. Please indicate if any NGO was involved in the preparation of the report and whether it was widely disseminated.
4. What is the position of Germany on the draft optional protocol to the Covenant?
Article 1. Right to self–determination
5. Please explain Germany's interpretation of the right to self-determination in the context of the Covenant.
6. Please indicate the full extent of the exercise of the right to self-determination by the national minorities listed in paragraph 16 of the report. In what way is the State policy of integration compatible with the protection of the culture and identity of these minorities?
7. Please explain whether the legislative provision(s) for "equal treatment" for all German citizens as reflected in the Second Federal Equal Treatment Act of 1994 corresponds with the reality in the country.
Article 2.2. Non–discrimination
8. Please explain how successful is the "integration" policy (see paragraph 12 of the report) and to what extent it has in fact reduced discrimination against national minorities, at both the federal and Länder levels.
9. Are there records of any complaints of discrimination by any groups of people living in Germany? Please cite court decisions on the elimination of discrimination.
10. Please provide information on steps recently taken by the Federal and Länder governments to combat violent racist and xenophobic acts.
11. Please indicate what measures have been taken to eliminate discrimination against State officials and other persons associated with the former communist regime.
12. Please indicate the steps taken by the Government to protect the economic, social and cultural rights of certain religious groups.
13. Please provide information on the right of persons granted refugee status to be reunited with their families.
Article 3. Equality between men and women
14. Please indicate what affirmative measures have been taken under the Federal Equal Treatment Act to attain equal treatment of men and women.
15. Indicate if there are court decisions on equality between men and women.
16. Please indicate what steps have been taken by the State party in order to ensure that women are guaranteed equal employment opportunities and equal pay as men.
Article 6. Right to work
17. Please indicate whether measures have been taken in order to remedy the growing problem of unemployment.
18. Please indicate what measures have been taken in order to fully protect the economic, social and cultural rights of foreign workers.
19. Please provide information on the extent of child labour in Germany.
20. Please indicate how successful is the Federal "Action Employment Assistance for long–term Unemployed of 1995–1999" in alleviating the conditions of the unemployed.
Article 7. The right to just and favourable conditions of work
21. Please indicate the steps taken by the State party to ensure that persons with disabilities are represented and integrated in the labour market.
22. Please explain the rationale behind the policy of banning work on Sundays.
Article 8. Trade union rights
23. Please indicate which groups of workers are not allowed to strike and elaborate on the reason for such prohibition.
Article 9. Right to social security
24. Please explain why ILO Convention No. 165 has not been ratified.
Article 10. Protection of the family, mothers and children
25. Please explain why Germany has not ratified ILO Convention 103.
26. Please explain what the term "family" means in Germany.
27. Please provide information on the right of children of immigrant families legally residing in Germany to acquire German citizenship.
28. Please elaborate on the status of homosexual couples.
29. How is custody over children in cases of divorce determined?
30. What are the steps taken by the State to combat crimes of violence against women and sexual abuse against children? Please provide information on the phenomenon of sexual exploitation of German and foreign children.
Article 11. Right to an adequate standard of living
31. Please explain how article 20 (a) of the Federal Constitutional Reform of 1994 actually contributes to protection of the environment.
32. Please indicate whether there is an officially defined poverty line.
33. Please indicate the steps taken by the State party to improve housing conditions of the most vulnerable groups within the population, with respect to national as well as foreign residents.
34. Please provide information on forced evictions in your country, and indicate the measures being adopted in order to protect the rights of forcibly evicted persons.
Article 12. Right to physical and mental health
35. Please indicate the measures being adopted in order to combat the spread of alcoholism and use of drugs, particularly among the young.
Article 13. Right to education
36. Please indicate what steps are being taken to increase resources allocated to higher education, including universities.
37. What measures are being taken by the State party in order to meet the educational needs of children of immigrant families?
38. Is human rights education incorporated in school curricula?