COMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF GERMANY

16.01.2004

The Committee on the Rights of the Child today considered the second periodic report of Germany on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.

Introducing the report, Peter Ruhenstroth-Bauer, State Secretary, German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, said that children were not only the future of Germany but they were also an asset of the nation. His country had affirmed its international commitment towards children through its participation in international fora designed to promote the rights of children.

Mr. Ruhenstroth-Bauer said that following the UN General Assembly’s Special Session on children, Germany had drafted a national plan of action for children which would be adopted soon. Despite its financial difficulties, the Government of Germany had allocated 4 billion Euros for the building of day care institutions throughout the county.

In concluding preliminary remarks, Committee Expert Lucy Smith, who served as country rapporteur to the report of Germany, said the Committee expected a lot from a country like Germany concerning the rights of the child. The Committee’s conclusions on the report would focus on Germany’s reservations, declarations and the situation of refugees, she added.

The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will close on 31 January.

Also representing Germany were Wolfgang Dichans, Head of Division, “Day Care of Children” and Thomas Fischer, Desk Officer, “Living Conditions of the Family”, Ministry for Family Affairs, Senior Citizens, Women and Youth; Hartmut Haines, Head of Division, “Rehabilitation and Participation of Disabled Persons”, Ministry of Health; Maik Pawlowsky, Desk Officer for Asylum Rights, Ministry of the Interior; Thomas Laut, Desk Officer of the Commission for Human Rights Policy at the Ministry of Justice; Ebba Scholl, Desk Officer, Human Rights Division, Federal Foreign Office; Ingo Von Voss, Counsellor, Beate Bidenbach, Third Secretary, and Gerrit Linke, Attaché, Permanent Mission of Germany to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Germany is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. A 10-member delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.

When the Committee meets again at 10 a.m. on Monday, 19 January, it will take up the second periodic report of the Netherlands (including Aruba).

Report of Germany

The second periodic report of Germany (CRC/C/83/Add.7) provides information on the efforts of the State party to comply with the provisions of the Convention. The 173-page report gives detailed information on the administrative, legislative and judicial measures undertaken by the State party and the Landers concerning the rights of the child.

In the chapter on general principles, the report deals with issues like combating racism and xenophobia among young people, and combating discrimination against girls. It says that notwithstanding the prohibition of discrimination, racist and xenophobic attacks and offences have occurred in the period under review. In many cases, young people are among the offenders. Effective action to combat racism and xenophobia among young people is thus necessary. This represents one of the key tasks for youth-oriented policy in Germany, in order to meet the requirements stipulated in article 2 of the Convention.

In the other chapters, the report deals with civil rights and freedoms; family environment and alternative care; basic health care and well-being; education, leisure and cultural activities; and special protection measures.

Introductory Statement

PETER RUHENSTROTH-BAUER, State Secretary, German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, said that children were not only the future of Germany but they were also an asset of the nation. Germany took the implementation of the provisions of the Convention on the Rights of the Child seriously. It had also affirmed its international commitment towards children through its participation in meetings concerning children.

Mr. Ruhenstroth-Bauer said that following the UN General Assembly Special Session on Children, Germany had drafted a national plan of action for children which would be adopted soon. The plan was drafted with the participation of professionals at all levels of the Government, as well as children. The discussion with the Committee would also provide feedback for Germany’s future policy on children.

Despite its financial difficulties, the Government of Germany had allocated 4 billion Euros for the building of day care institutions throughout the county, Mr. Ruhenstroth-Bauer said. As of 2005, the Government would earmark more money for the construction of such institutions, which were in short supply.

Discussion

LUCY SMITH, the Committee Expert who served as country rapporteur to the report of Germany, said the State party had a low rate of birth and a high immigration rate. At present the country also had a high unemployment rate which could affect the situation of some children. The Landers implemented much of the provisions of the Convention in Germany, she noted.

International conventions were not automatically applied as laws of the land in Germany, Ms. Smith said. The conventions were made into laws through the federal legislation that was applicable by the Landers and municipalities. The Convention on the Rights of the Child had been drafted to fulfil the gap left by other human rights conventions. For that matter, all policies of Germany concerning children should focus expressly on children.

Another Expert remarked that Germany had made reservations on most of the human rights conventions. The Landers had their own autonomy in many matters; what kinds of policies on children were followed in all the Landers?

An Expert asked about the role played by the Federal authorities in local matters concerning children. Did all the mechanisms put in place deal with children or only general human rights issues? Were the mechanisms functioning independently? Did they receive complaints from children? Was the new national action plan for children based on the Convention or on the UN General Assembly Special Session on Children?

Another Expert asked if Germany had translated the Convention into other languages, given that it was hosting a large number of migrants. She also asked if human rights teachings were focused on anti-discrimination in an effort to lessen the ethnic tension and polarization in the country. The delegation was also asked if a survey had been conducted to measure the extent of youth extremism in Germany. Had the Government of Germany taken measures towards the development of different cultures in the country?

Turning to the measures taken by Germany to deport children, particularly Roma children coming from different Balkan countries, an Expert asked about the current situation concerning those groups of children.

Appreciating Germany’s international cooperation for development, another Expert asked if the assistance provided by the Government took into consideration the human rights situation in those receiving countries. The Expert said that the assistance should also focus on improving human rights conditions, including those of children.

A speaker said that the low birth rate was a matter of concern which should be taken into consideration by Germany. Did the State party envisage constitutionalizing the rights of children? Since it was the State that acceded to the Convention, it should assume its responsibility at all levels of its implementation and it should not be left to the Landers.

Another Expert said the fight against xenophobia and discrimination was basic for the good implementation of the Convention on the Rights of the Child. Had the Government attempted to face those obstacles?

An Expert asked about the justifications that had led to the expulsion of some children born in Germany. Why did old Landers receive more money for day care facilities than the new Landers?

Responding, the delegation said that the Federal State was an umbrella for the 16 Landers and acted in that manner with regard to the implementation of the provisions of the Convention. Although the State was accountable internationally, the Landers were responsible for the implementation of the Convention. The State was not a “guest” at the level of the Lander; there was close cooperation between the Federal Government and the Landers. In matters of education, for example, the Landers were fully responsible and the Federal Government could not intervene in that field. The Landers were bound by the principle that education was universal and compulsory, and they were committed to the federal constitutional rule in all other matters.

An Expert raised a case in which a birth certificate had been denied by the authorities in Berlin to a child of foreign origin on the pretext that supporting documents were missing, to which the delegation said that any breach of the rules could be appealed.

The delegation said that the Government had taken all measures in order to raise awareness among the general public concerning the rights of the child. The concept of the rights of the child were inculcated in the minds of the population and that reality had been seen in practice, as reflected in the State party’s report.

Children were involved in all assemblies concerning them, the delegation said. They could confront the politicians in expressing their desires and rights. Schools were also made focal points for the dissemination of the Convention and the development of the rights of the child.

Reacting, an Expert said that back in 1997, only 15 per cent of the population had been aware of the Convention and its provisions. The Expert asked if a survey had been carried out recently to measure the degree of awareness. The delegation said that it was true that in that year, the public’s awareness of the Convention had been low. However, much had been done since then.
The Government had been making efforts to facilitate the task of mothers in taking care of children, the delegation said. The expansion of day care institutions was among the efforts to allow mothers to return to their work after giving birth. As in all other European countries, maternity leave was fixed at 6 weeks before and 8 weeks after delivery. Parents were also encouraged to take part time jobs in order to devote more time to their children.

The Committee Experts asked further questions, among other things, on the granting of rights of voting to minors; the cut in resources in paediatric hospitals; the incidents of fatal alcoholic syndrome among new born children; the problem of drug addiction among children and adults; the alarming high rate of suicide; child obesity; the exclusion of some foreign children from the mainstream educational system; discrimination against girl children; the improvement of child care facilities; the high rate of foreign students in special school classes; the high rate of children with disabilities in the old Landers in comparison to the new Landers (former East Germany); the slow adoption process; the increasing number of children born out of wedlock; and the situation of children of asylum seekers.

Responding, the delegation of Germany said children did not need to file complaints by themselves in the event that their rights were breached. The prosecutor or the investigating officer could investigate a situation when sufficient suspicion of violence against children surfaced.

Most of the Landers were not in favour of withdrawing the declarations made upon the ratification of the Convention with regard to article 22 of the Convention concerning refugee children, the delegation said. Foreign minors who entered Germany might not provide birth certificates to justify their request for asylum. It was also difficult to establish the age of the unaccompanied minor scientifically. (Article 22 of the Convention says that States parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents, receive appropriate protection…) The Government should convince the Landers in order to withdraw the declaration on that article. However, it was difficult to convince each and every Lander.

On the issue of abduction, Germany had ratified the Hague Convention on abduction and had taken measures to that end, the delegation said. The length of the procedure to reverse abduction might affect the decision of the courts. So far, cases of children who had been abducted from and to Germany had been presented to the judicial authorities.

German law concerning the choice of names was liberal, the delegation said. Foreigners were not obliged to use German names; and parents could give to their children names of their choice. Children adopted by German parents could also carry their original names.

The impression that the western part of Germany was much better than the eastern part, which some Experts had alluded to, was wrong, the delegation said. Although there were some gaps after the unification in terms of day care, the Government had devoting extra money to expand institutions for children. The revolutionary unification of the two Germans had prompted a social and political re-structuring of the society.

The Government had taken measures that cost millions of Euros against racism and xenophobia, the delegation said. The promotion of tolerance within the society had been given priority. Since 2001, the Government had implemented more than 300 measures and a mobile team had been created to provide a chain of counselling services around the country. The organization called “civitas” was making efforts in the fight against racism, xenophobia and anti-Semitism. The Government was also providing support to organizations that promoted tolerance and peace.

In 2003, the amount allocated for health in the budget was high, the delegation said. The reform of the health services with regard to children had focused on preventive actions, including drug addiction. Breastfeeding was also encouraged by the health authorities and facilities were made available for working mothers.

Committee Experts continued querying the delegation on such issues as the situation of gifted students and those with learning difficulties; the rise in the number of juvenile delinquents; domestic violence affecting children; legal assistance for children; cooperation with non-governmental organizations (NGOs); measures against child abuse by German citizens abroad; and the minimum age for sexual consent.

Responding, the delegation said that groups of gifted children at the kindergartens and early stages of education needed certain encouragement. Since the existing practice was not sufficient, the Government had realized that further measures had to be taken.

Children were not detained without court orders and they were not kept with adults, the delegation said. Some investigations had to be carried out concerning child law offenders.

Sexual crimes committed abroad by German citizens could be punished in Germany after receiving evidence from authorities in the country where the crime had been committed, the delegation said.

Preliminary Concluding Remarks

LUCY SMITH, the Committee Expert who served as country rapporteur to the report of Germany, said the dialogue with the delegation had made the situation of children’s rights in Germany much clearer to the Experts. The Committee expected a lot from a country like Germany concerning the rights of the child. Very few questions had been raised about education, health and juvenile justice. The Committee’s conclusions of the report would focus on Germany’s reservations, declarations and the situation of refugees.

Concluding Remarks by Delegation

PETER RUHENSTROTH-BAUER, State Secretary, German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, said the discussion had been constructive and fruitful. He regretted that his delegation did not talk much of figures and graphs in order to impress the Experts. His Government was trying to raise social awareness so that Germany would be a child-friendly country.