Experts of the Committee on the Rights of the Child Praise Germany for Prosecuting International Perpetrators of Sexual Abuse against Children, Ask About the Rise of Child Pornography Cases and Children in Armed Conflict
The Committee on the Rights of the Child today concluded its consideration of the fifth and sixth combined periodic report of Germany, with Committee Experts praising Germany for the measures taken to prosecute international perpetrators of sexual abuse against children, while raising questions about the rise in cases of child pornography and about children in armed conflict.
A Committee Expert thanked Germany for taking measures to prosecute international perpetrators of sexual abuse against children.
Another Committee Expert said that child pornography seemed to be a common problem in Germany. Why were cases of child pornography on the rise? Was there a study being conducted on this trend? How was the Government supporting social workers to undertake online training?
One Expert asked whether the Federal Government planned to increase support measures for children involved in armed conflict across the world? How did the State party apply extraterritorial authority regarding children in armed conflict?
The delegation said that Internet providers and civil society were cooperating to identify cases of child pornography. A large child pornography ring had been uncovered and victims identified during the reporting period. There was an increase in specialised trained staff who could investigate cases of child pornography. A centre had been established in Bavaria to combat cases of child pornography on the Internet, with special prosecutors hired to work in this field. Studies had been carried out in the field of child pornography which had contributed to police investigations.
The protection of children in armed conflict was a priority for the German Government, the delegation said. Every year, workshops were held in New York where information on this topic was passed on to new Security Council members, ensuring it remained at the forefront of the agenda. Germany supported a series of projects worldwide to improve the reintegration of child soldiers back in societies. Agreements took place with rebel groups and States that committed themselves to allowing child soldiers to leave their organizations and to be handed over to child protection organizations within their countries.
Introducing the report, Margit Gottstein, State Secretary, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany and head of the delegation, said that the dialogue would allow the State party to put German child and youth policy to the test. The State party actively involved children and adolescents in political processes to give due weight to their perspectives. The Federal Government was also funding numerous projects and events to make children’s rights known.
Ms. Gottstein said the conditions under which children and adolescents grew up in Germany had drastically changed since the report was tabled in February 2019. COVID-19 containment measures had had a negative impact on the physical and mental health of young people. Children and adolescents from vulnerable families, children with disabilities and children with a migrant background had been hit particularly hard. The adoption of the act to combat sexualised violence against children last year had significantly increased the sentencing range for child sexual abuse and child pornography offences in the German Criminal Code.
In closing remarks, Ann Marie Skelton, Committee Expert and Coordinator of the Country Taskforce for Germany, said it had been an intense, but cordial and open dialogue. The Committee had heard and commented on the many legislative and programmatic improvements taking place in Germany, and it was clear there was a strong focus on children’s rights. Ms. Skelton asked the delegation to take up the task when they returned to Germany, and continue to work hard for children’s rights.
Ms. Gottstein, in concluding remarks, said the exchange had been very fruitful, and the questions asked highlighted the areas in which the rights of the child needed further promotion in Germany. Child poverty, children with disabilities, and violence against children were clearly priorities to the Committee and it was hoped that with measures adopted by Germany, these children could enjoy their rights to a greater extent than what occurred in the past.
The delegation of Germany consisted of representatives from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth; Federal Ministry of the Interior; Federal Ministry of Justice; Federal Ministry of Labour and Social Affairs; Federal Ministry of Education and Research; Federal Ministry for Economic Cooperation and Development; Conference of Ministers of Education; and the Permanent Mission of Germany to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Germany at the end of its ninety-first session on 23 September. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s ninety-first session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 12 September at 3 p.m. to consider the combined fifth and sixth periodic report of Viet Nam (CRC/C/VNM/5-6).
Report
The Committee has before it the combined fifth and sixth periodic report of Germany (CRC/C/DEU/5-6).
Presentation of Report
MARGIT GOTTSTEIN, State Secretary, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany and head of the delegation, said that the dialogue would allow the State party to put German child and youth policy to the test. The State party actively involved children and adolescents in political processes to give due weight to their perspectives. The Federal Government was also funding numerous projects and events to make children’s rights known.
The conditions under which children and adolescents grew up in Germany had drastically changed since the report was tabled in February 2019. COVID-19 containment measures had had a negative impact on the physical and mental health of young people. Children and adolescents from vulnerable families, children with disabilities and children with a migrant background had been hit particularly hard. The Federal Government had worked to provide digital learning services and stronger support for families, and prevent domestic violence. As soon as the pandemic situation allowed, the Government had supported children and adolescents in catching up on missed education and promoted recreational activities. The Government had recognised that closures of day care centres and schools were absolutely to be avoided. A national study was being conducted on the long-term health and psychosocial impact of the pandemic, and an inter-ministerial working group was also studying its impact on children and adolescents.
Following a recommendation by the Committee, Germany had established an independent monitoring mechanism for the implementation of the Convention. The Government had also established the Independent Commissioner on Child Sexual Abuse Issues office permanently following another recommendation, and added a Survivors’ Board for child sexual abuse issues. It had also set up the National Council against Sexual Violence Committed against Children and Adolescents. Furthermore, an independent inquiry had been working on investigating child sexual abuse in Germany.
The Government had reformed the protection of the young persons act, adding provisions that addressed interaction risks such as cyberbullying, online grooming and hate speech. The newly established Federal Agency for Child and Youth Protection in the Media ensured that these provisions were enforced. The adoption of the act to combat sexualised violence against children last year significantly increased the sentencing range for child sexual abuse and child pornography offences in the German Criminal Code. The act on children’s right to gender self-determination had been strengthened to include a ban on targeted sex reassignment therapy.
The act to strengthen support for children and youth included the guiding principle of child and youth services, and made it a rule that children with and without disabilities were cared for together in child day care facilities. Benefits such as the child supplement and the support payment advance had been expanded to provide targeted support to single parents. To support working parents and reduce the risk of child poverty, the Government had increased the number of childcare places, improved the quality of childcare, and would introduce the legal right to full-day care for primary school children from 2026.
The State party had been unable to incorporate children’s rights into the Basic Law of the Federal Republic of Germany in the past legislative term, but this had been defined as a key objective in the Coalition Agreement. Tackling child poverty was another major political priority, and the Government aimed to introduce basic child assistance. The existing financial support system for families did not reach many children and adolescents in need of support. Basic child assistance would merge child benefit payments, basic income support for jobseekers, and other social assistance into a single benefit. The amount paid would be assessed on a sliding scale based on the parents’ income.
The Federal Government’s Youth Strategy had been developed and was being implemented jointly by all Federal Ministries and with the participation of children and adolescents. A broad dialogue process would be launched in November that would closely involve young people. The Government had also adopted the supply chain act, which obliged companies from 2023 to implement human rights due diligence obligations such as preventing child labour along their supply chains. The Federal Government was fully committed to implementing the rights of children and adolescents both at the national and international levels.
Questions by Committee Experts
ANN MARIE SKELTON, Committee Expert and Coordinator of the Country Taskforce for Germany, commended and recognised the many legislative measures taken for the rights of children. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth was trying to incorporate certain children’s rights in the Constitution. What campaigns were being run to achieve this? The different Länder had autonomous legislative powers, and this made it difficult to implement legislation as children could experience different treatment. In some Länder, voting was allowed from the age of 16, while it was not in others. How did the national strategy for children’s rights address this? Why was it not necessary to have a national coordinating body for child policy?
The COVID-19 budget and the war in Ukraine had put pressure on Germany’s economy. How would the State tackle child poverty? What was the timeline on the child basic income grant? Was it possible to track what was being spent on children over time? Was the State working on collecting data on all areas of the Convention? What steps were being taken to address gaps in data in family courts?
The Committee greatly appreciated that there was an independent monitoring body for the implementation of children’s rights. Was this still being financed on a project basis? The body did not have a complaints mechanism. What mechanisms were available to address complaints from children?
Germany had adopted an act on corporate due diligence in supply chains. Would the new law solve problems regarding children’s rights in the tobacco sector?
Another Committee Expert said that there were challenges related to the registration of births of refugee children. Certain registration offices had allegedly refused to register the births of children if parents did not have the necessary documents. What had been done to address this issue? How did the State party strike a balance between protecting children’s privacy and granting access to services such as counselling? Was consent sought from children regarding the processing of their data? What efforts were being taken to prevent profiling of children online? The wearing of head scarfs was prohibited in certain areas. How did the State party protect children’s right to religion and education despite imposing this prohibition?
A Committee Expert commended Germany on its well-developed normative and institutional framework to prevent violence against children. Had there been a decrease in the use of corporal punishment in recent years? What measures had been taken to prevent degrading educational practices committed by male teachers? There was an average of 40 cases of sexual violence against children every day in 2018. What was the impact of measures implemented in response to this? The Committee welcomed the project-based awareness raising campaigns to tackle sexual violence. Would these be converted to national policy?
Counselling services were not available in all Länder, and their resources were limited. What was being done to strengthen these services? What initiatives were in place to promote education on sexual violence? Were teachers trained to identify victims of sexual abuse? Would the State implement comprehensive training on sexual abuse for persons in all professions? Youth welfare offices reportedly did not follow-up sufficiently on allegations of sexual abuse from children. Were there plans to address this? Were these offices sufficiently staffed?
The Expert commended measures to inform groups at risk regarding female genital mutilation. Did the Government involve victims in awareness raising campaigns on the practice? There was criticism that new legislation on female genital mutilation did not address former victims, and did not sufficiently punish perpetrators. What was being done to address this?
Responses by the Delegation
MARGIT GOTTSTEIN, State Secretary, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany and head of the delegation, said that the Federal Government did not have the power to amend the Constitution on its own, and two-thirds of the Coalition needed to approve amendments. A strong recommendation from the Committee would give the Government a better chance of revising the Constitution.
The basic data on children and youth was fed from the Länder level. The data collection system had been strengthened to capture more specific data regarding children and youth. The coordination office for children’s rights was developing indicators to assess how policies for children’s rights were being implemented in different areas.
The Government intended to adopt the draft basic child assistance law in 2023. The law aimed to bring together different services and benefits for children. Additional monthly supplements for families with children would be increased under this law. The funding for the monitoring mechanism for the Convention was based on short-term projects due to budgeting restrictions, but the Government intended to continue to maintain this mechanism over the long term.
The delegation said that in Germany, complaints could be lodged with youth offices. Children over 14 could lodge complaints themselves. The law against sexualised violence had been reformed to allow children to be supported in family courts. Complaints could now be lodged in writing. Material was made available for children to inform them about the complaints procedure. A booklet had been produced by Germany’s largest children’s television network that raised awareness of children’s rights.
The Government was lobbying with the European Commission to ensure that children’s rights were enshrined in relevant international trade agreements. In 2021, the law on climate change had been amended to address restrictions on civil rights and youth. The implementation of this law was regularly monitored.
The law on due diligence in supply chains would come into force in 2023 for large businesses and in 2024 for small businesses. Tobacco businesses were required to abide by human rights and climate obligations across their supply chains. The use of child labour was prohibited, and the rights to trade unions and decent salaries were provided. A body to inspect supply chains was being established.
The State needed to ensure that the birth register contained reliable information. It was important to establish the identity of the parents. If the required documents were not provided, persons received certified extracts of the birth register, which could be used to access certain services.
In Germany, parents needed to previously give consent to children to access counselling. However, legislation was changed in 2021 to allow children to access counselling services, such as the State abuse prevention hotline, without consent. The Government was working to improve the digital landscape for young people, protecting children from cyber grooming, excessive online shopping and pornography through a number of technical measures.
There was no prohibition on the headscarf for school children in any of the Länder. A political debate on the headscarf was underway, and courts were considering whether to allow women to carry on teaching and training while wearing a headscarf. The Federal Constitutional Court had determined that Berlin legislation on the headscarf was not constitutional, and was currently examining other similar legislation.
In 2014, the law on confidential births came into force. This gave children the right to learn about their parents at age 16. Over 1,000 confidential births had so far been registered.
The sexual abuse of children had increased marginally in recent years, and there was a sharp increase in child pornography cases between 2020 and 2021. One factor in this was an increase in trust of police, and an increase in trained police officers able to attend to these cases. Internet providers and civil society were cooperating to identify cases of child pornography. A large child pornography ring had been uncovered and victims identified during the reporting period.
The Government had taken many measures to prevent violence in schools. Children were taught the values of respect and consideration, and a strategy on preventing bullying had been implemented. Länder had been addressing sexual abuse and violence against students through the “Schools against Sexual Violence” initiative. Länder supported training of teachers in preventing sexual violence and recognising and addressing cases of abuse.
Increasing numbers of child abuse could indicate an increase in reporting, but was a worrying trend. The effects of the strengthened child protection framework had yet to be measured. These would be reported on in the next report. Specialised training on preventing abuse was being provided in institutions.
Guidance and counselling were provided to young people in court. There were also new, more stringent requirements for qualifications for juvenile justices and prosecutors.
Child marriage was not permitted, and marriages of children in other countries were not recognised in Germany. The separation of married immigrant children from their partners was considered on a case-by-case basis.
A law had been introduced that prohibited surgical interventions on intersex children without the permission of a family judge. Such interventions were only allowed in emergency situations. There were possible opportunities to circumvent the prohibition, but the State was working on addressing those gaps.
Questions by Committee Experts
A Committee Expert asked how the State party motivated teachers to participate in training on identifying victims of sexual abuse.
Another Committee Expert said that child pornography seemed to be a common problem in Germany. Why were cases of child pornography on the rise? Was there a study being conducted on this trend? How was the Government supporting social workers to undertake online training? How did the State investigate cases of child abuse that occurred outside of the country? What infrastructure was in place to prevent and monitor cases of abuse? Was the general population, especially parents, provided with training on preventing abuse?
One Committee Expert said that there had been reports of long delays before birth certificates were issued. What was being done to address this? How was the State party addressing statelessness?
A Committee Expert asked if the State planned to expand the coverage of child-friendly communities and schools. Just 10 schools were involved in the project. Children could only lodge complaints related to problems in the family. Did the State party intend to broaden the range of complaints that children could lodge? How did the law on due diligence consider the rights of children?
Another Committee Expert asked about measures to inform children under the age of six about their rights. If minor married couples came to Germany and had a child, did the State consider the best interests of the child in deciding on whether to separate these couples?
One Committee Expert said that only a fraction of reported cases of child abuse were referred by child professionals to the police. Were there any procedures encouraging collaboration between different agencies on child abuse cases? How did legal defences cross-examine children?
A Committee Expert asked about measures to monitor local authorities and support their efforts to implement the Convention. What measures were in place to prevent violence between children inside and outside of schools?
MIKIKO OTANI, Committee Chair, said that she was pleased to hear that the supply chain act covered a range of child rights. Were there any mechanisms for receiving complaints from children established under this act?
Another Committee Expert asked about plans to introduce joint or shared custody legislation. There were cases where judges did not hear children in family proceedings. What had been done to allow the hearing of children, including children under 14? Were there plans to deinstitutionalise the residential care system, and to address the challenges faced by children who had been released from institutions? How did the State party determine the legal status of Ukrainian children who had lived in institutions, what care was provided for them and what plans were in place regarding their return?
One Committee Expert asked if the Government planned to implement a national strategy on mental health. Asylum seeking children only received basic health care services. What measures were in place to extend all available health care services to such children? What measures were in place to prevent overdiagnosis of attention deficit hyperactivity disorder? How did the State party address video game and Internet addiction, and rising numbers of complications related to male circumcision?
Twenty-one per cent of children lived in a permanent or recurring state of poverty. Were measures to prevent child poverty effective? Did the Federal Government plan to increase support measures for children involved in armed conflict across the world? How did the State party apply extraterritorial authority regarding children in armed conflict? The Expert thanked the State party for its work in promoting the Optional Protocol.
A Committee Expert congratulated the State party on investing considerable resources and time in supporting education in response to the COVID-19 pandemic. However, there needed to be a comprehensive federal strategy in education. Children from poor backgrounds and immigrant children were guided away from continuing to tertiary education. There was also a shortage of teachers and school facilities. What was being done to address this? Violence against children tended to be directed at migrants and minorities. What training was being conducted to support teachers to stem the tide of discrimination in schools? The majority of children said that they had little knowledge of their rights. Was information on rights being made available to vulnerable groups? Were all Länder promoting inclusive education? Why was education not compulsory in detention centres? The packed German curriculum left little room for leisure, and there were not enough urban green spaces. Could this be addressed?
Responses by the Delegation
The delegation said that in March 2020, a programme was outlined which had a special component on training for teachers, with a specific section dedicated to sexual abuse. There had been an increase of 108 per cent in cases of sexually explicit images of minors, but this did not necessarily mean that there was an increase in cases, but rather that investigations were more successful. A large proportion of offenders were juveniles, and “posing” in a sexually explicit way was now considered as an offence. During the European Day for the Protection of Children against Sexual Abuse, Germany ran a campaign to raise awareness on this topic. The campaign addressed all those who encountered children and implored all these adults to be aware of the issues, and the help that was available.
Children who were victims of sexual offences were required to testify in court proceedings. In cases of sexual abuse or violence it was often the case that there was no other evidence, and therefore the testimony of the child was essential. Legislation was in place to protect children from trauma during this process. There was a requirement for judges in juvenile courts to undergo training, and possibilities to exclude the public in the main proceedings, to protect children from the media. There were options for children to be heard through a video testimonial in court. There was also psychological support provided for children throughout the court procedure.
A birth certificate could be received when there was evidence of the identity of the parents. Children born in Germany as stateless persons had a right to acquire citizenship. There were 46 municipalities in Germany that wanted to extend the child-friendly project. Guidelines were provided on how to implement the rights of the child at the municipal level. There had been an improvement on public transport, as this was something which was important to children and youth. Children living in children’s homes could turn to an outside mechanism to make complaints. The law provided that non-governmental organizations had the opportunity to highlight the violation of rights of people abroad, including children, and these could be brought back to the German courts. This allowed those who had been affected by child labour in the supply chain to receive compensation.
There were a series of books called the “Pixie” books which were known by all children in Germany. The Government had worked to integrate messages from the Convention within the books, enabling this information to be disseminated to children in a fun way. The imagery within the books also celebrated diversity. Unfortunately, it was expected that there were many more cases of sexual abuse and violence than were reported to police. There had been an increase in specialised trained staff who could investigate cases of child pornography. A centre had been established in Bavaria to combat cases of child pornography on the Internet, with special prosecutors hired to work in this field. Studies had been carried out in the field of child pornography which had contributed to police investigations.
Every person in Germany was obliged to assist in situations of emergency. This applied to everyone who worked with children; they had an obligation to report potential child abuse against children. Cooperation was provided for by law, which meant that different groups of professionals were educated in the important indicators. Violence against children was a topic of increasing concern, and a programme had been rolled out across 400 schools to combat this issue. Social educators worked with children to discuss all possible manifestations of violence between children, including issues of racism. The programme had received excellent feedback and was planned to be incorporated into the school curriculum long-term. The Innocence and Danger Programme targeted teenagers, helping them to manage situations of sexual violence.
The delegation said that the joint custody for divorced parents would be simplified, with siblings to also be considered. In Germany, children were heard regardless of their age. In Germany, the best interest of the child was the guiding principle in all administrative and judicial proceedings. The administrators, courts and legislators presented the best interests of the child in all cases where children were involved in proceedings. Over 79,000 children were in foster families in Germany, while 94,000 were in childcare facilities. An independent complaints mechanism had been established for children placed in foster families, as well as those in institutions. There was a law to strengthen the protection of youth, which provided a mandatory obligation to provide for follow-up care, after children had left their accommodation facilities. A 10-year study was being carried out, to gain greater knowledge about the professional and educational process of care leavers.
MARGIT GOTTSTEIN, State Secretary, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany and head of the delegation, said that regarding housing provided for Ukrainian children, the German Government was engaged in intense cooperation with the Ukrainian Government. There was a proposal for a memorandum of cooperation, for children coming into Germany from Ukraine. There was a rule that children who came together should be kept together and not broken up. Child refugees from Ukraine had a right to residence in Germany, which opened the rights to medical care and education. They did not need to go through an individual asylum procedure. A return to Ukraine needed to be voluntary and this would be discussed with the Ukrainian Government. So far, no requests for return had been received. If children were to return, they needed to go back to safe areas and accommodation. When the time came to return children to Ukraine, this would be undertaken with support from the United Nations High Commissioner for Refugees.
Progress needed to be made to ensure that all pupils could have inclusive education, but a great deal had been achieved. The number of children with disabilities in inclusive schools throughout the country had more than doubled over the past 10 years. Additional training of teachers had been undertaken to incorporate inclusive principles. Mobile assistance units were available to provide specific support for all pupils. Measures were in place to assist children with disabilities and accompany them throughout the educational process in an appropriate manner. Specific training programmes were in place for those who worked with young people with special needs. More than 260,000 children in Germany had a disability. Challenges arose when the children had multiple disabilities, for example, both physical and mental, which made it difficult for families to negotiate the relevant support networks. A plan was underway to ensure that all children with disabilities would come under one code, enabling a one-stop-shop for parents and children to receive assistance.
Questions by Committee Experts
A Committee Expert noted that in 2015, Germany had been applauded for welcoming the largest number of asylum seekers from a single country, and for the record numbers of Ukrainian refugees taken in by the State earlier this year. However, there had been reports of pushbacks, where unaccompanied minors had been sent back to unsafe countries; large numbers of applications for asylum had been denied; and there had been reports that detention centres were unsafe. Could an update in this area be provided? The Expert expressed concern about the education of minority groups and refugees; it appeared to be luck of the draw as to which municipality the children were assigned to, and subsequently how they were educated. Were children of African descent specifically targeted? Were there any plans to implement a training programme of sensitisation for people who dealt with these groups? What about child-friendly detention and solitary confinement?
ANN MARIE SKELTON, Committee Expert and Coordinator of the Country Taskforce for Germany , asked what was being done about children themselves who created sexually expressive material and shared it consensually? Did the law differentiate if it was children who had done that rather than adults?
A Committee Expert asked about the repatriation of German citizens held in Syria. How many children were there? What were the efforts to reintegrate those who had already been brought back to Germany?
Another Committee Expert asked if there were any groups of children such as very young children, or unaccompanied minors excluded from detention? What was a maximum term of deprivation of liberty for a child undergoing an asylum procedure? Were there alternative solutions to detention? It was known that there had been acts committed against children by Libyan coastguards; what was the position of the State against this? How did the State assist children who had been victims of these acts?
One Committee Expert welcomed the rights provided to Ukrainian refugees. However, there was discrimination in the treatment of these refugees and those from other countries; could the delegation comment on this issue?
A Committee Expert asked if there were clear timelines for the concept of inclusive education? What was being done to ensure these children were on an equal footing with their peers in all walks of life? If there was an energy crisis, had contingency planning been done to provide support to families of children with disabilities and institutions which housed children with disabilities?
Another Committee Expert thanked Germany for taking measures to prosecute international perpetrators of sexual abuse against children. What were the measures adopted for HIV/AIDS treatment? What was being done to combat child tuberculosis?
Responses by the Delegation
The delegation said that the closure of schools in Germany had led to significant suffering of children and youth. Several support measures had been adopted for these children, including the “Catch Up After Corona” programme. Financial support was provided to reduce the impact of the coronavirus pandemic. Ukrainian refugees were not treated under the asylum seeker law but had full access to medical health care. There had been a large number of cases of attention deficit hyperactivity disorder, and many measures were taken in response to this. The Government was not assuming that attention deficit hyperactivity disorder was over diagnosed in Germany. There were different characteristics of Internet addictions, and it was important to establish a proper diagnosis. There was proper support for children in Germany around this. It was not permitted to carry out a circumcision if the child did not give consent, even on medical grounds. All circumcisions had to be carried out by trained medical personnel.
The Government was aware that the current climate measures were insufficient to achieve the German climate goals, however, measures were being taken to catch up. Construction, industries and transport were key topics. There was a project to promote efficient heating, electric vehicles and public transport. Germany was increasing the proportion of renewable energy, aiming for a rate of 80 per cent. Regarding the 20 per cent of child poverty, this was the magnitude of risk quota, which was greater than the actual poverty rate. There was a separate set of measures to fight child poverty. A crucial factor for poverty risk amongst children was the work status of the parents. If the parents worked, children were less likely to be poor. The Government was introducing programmes which allowed it to be possible for both parents to work and not just one.
The protection of children in armed conflict was a priority for the German Government. Every year, workshops were held in New York where information on this topic was passed on to new Security Council members, ensuring it remained at the forefront of the agenda. Germany supported a series of projects worldwide to improve the reintegration of child soldiers back in societies. Agreements took place with rebel groups and States that committed themselves to allowing child soldiers to leave their organizations and to be handed over to child protection organizations within their countries. In Nepal, Germany had supported a project which allowed former child soldiers to receive vocational education to be fully integrated back into society. In Germany, the recruitment of children under the age of 15 was a war crime. The universal jurisdiction principle meant such cases could be proposed whether they were linked to Germany or not.
The delegation said that the Länder were responsible for education and cultural activities and adopted specific programmes. The resulting differences were not necessarily negative, however, work was undertaken to ensure the uniformity of tests, exams and quality of schools. It was difficult to have access to higher education for certain vulnerable groups. Public and state schools were free of charge, however, a lower socio-economic status did correspond to a lower level of income. The Länder had adopted measures to support children from lower income families to improve the opportunity for disadvantaged pupils. This included an initiative which focused on developing school teaching and networks at schools, between each other and with the community. A great deal had been done to develop language education, to improve the spoken and written language skills of all children. Many Länder provided classes in the mother tongue.
Education was the key to integration, and the Länder had focused on education for refugees. School education was provided irrespective of the refugee’s status. A report would be produced in 2022 on the shortfall of teachers. Specific targeted measures would be provided to encourage people to become teachers. A higher pay for teachers had been agreed on in some Länder, and specific incentives had been adopted. All Länder in Germany had a plan for the education of human rights, which were addressed at early levels and further taught in subsequent years, adapted to the age of the children. Children’s rights were a special topic and there were measures taken to provide information to children about their rights. The Government was aware of the issue of Sinti and Roma, and a contact person had been established to assist with addressing these issues.
The delegation said some answers, including statistics, would need to be provided in writing. Measures had been taken to counter discrimination against minorities, including a programme called “to live democracy”, which covered many group-related hate conducts. This incorporated programmes relating to people of African descent, and there were many parties involved in fighting this discrimination. The Government had decided that the anti-discrimination law needed to be revised at the level of the Länder, for example to cover anti-discrimination in schools, as in the case of Berlin. The Government aimed to ensure that as many laws as possible from the United Nations and European Union would be incorporated into this law.
Closing Remarks
ANN MARIE SKELTON, Committee Expert and Coordinator of the Country Taskforce for Germany, said it had been an intense, but cordial and open dialogue. The Committee had heard and commented on the many legislative and programmatic improvements taking place in Germany, and it was clear that there was a strong focus on children’s rights. There was always room for greater systemisation and the need to reach every child. Ms. Skelton asked the delegation to take up the task when they returned to Germany, and continue to work hard for children’s rights.
MARGIT GOTTSTEIN, State Secretary, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany and head of the delegation, said the exchange had been very fruitful, and the questions asked highlighted the areas in which the rights of the child needed further promotion in Germany. Child poverty, children with disabilities, and violence against children were clearly priorities to the Committee and it was hoped that with measures adopted by Germany, these children could enjoy their rights to a greater extent than what occurred in the past.
Ms. Gottstein thanked the Committee for the opportunity and said Germany looked forward to receiving the recommendations.
MIKIKO OTANI, Committee Chairperson, said the six hours had been intense and there was still time for additional information to be prepared. Ms. Otani thanked the delegation and extended her best wishes to all children in Germany.
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CRC22.015E