Experts of the Committee on the Elimination of Discrimination against Women Commend Germany on Receiving Ukrainian Refugees, Question the State on Discrimination against Muslim Women and Threats Posed to Women by Artificial Intelligence
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the ninth periodic report of Germany, with Committee Experts commending Germany on its reception of Ukrainian refugees, and questioning the State on discrimination against Muslim women and threats posed to women by artificial intelligence.
A Committee Expert commended Germany for its commitment and contribution to international cooperation, security and peace in the world. The State was also commended for the reception of more than one million refugees from Ukraine, the majority of them women, and for the reception of Syrian refugees. Germany hosted the second highest number of refugees of all European countries.
Another Expert said freedom of religion in Germany was guaranteed by the Constitution. Could information be provided on measures to ensure participation of German Muslim women wearing headscarves in employment and public life, in decision-making positions and in public offices, including the police force and the judiciary? Wearing a headscarf was a religious practice and not an unconstitutional symbol.
Another Committee Expert noted that the European Union’s new Artificial Intelligence Act proposed that high-risk artificial intelligence systems be subject to scrutiny before they were placed on the market or put into service. What steps were taken in Germany to address gender stereotypes before artificial intelligence systems were deployed? What regulatory framework would be put in place to safeguard women and their human rights against the threats imposed by artificial intelligence?
Margit Gottstein, State Secretary and Head of the Delegation, presenting the report, said the Federal Government was the first to enshrine the Convention in its coalition agreement, and was committed to increasing the visibility of the Convention. In 2019, the German-language handbook on the Convention, “Rightfully Gender Equality”, was published. Furthermore, for the first time Germany provided funding to a civil society project, “CEDAW Alliance Germany”, amounting to almost one million euros for a period of three years, in which 33 civil society organisations were actively involved. Gender equality was a precondition for effective climate action and sustainable development, and was firmly embedded as a cross-cutting issue in the German Sustainability Strategy. The Government had appointed a commission on reproductive self-determination and reproductive medicine, which was currently examining whether abortions in Germany could be regulated outside criminal law. The aim was to ensure that every pregnant woman had access to counselling centres and abortion facilities.
The delegation said there were complaints coming from women who wore headscarves who wished to work in schools. Education fell within the jurisdiction of the Länder and so the Federal Government could not rule on this. Berlin had recently banned teachers from wearing religious symbols such as headscarves, citing the neutrality law. Two and a half years ago, a court ruled that Berlin could not impose a blanket ban on teachers wearing headscarves. As a result, the state of Berlin was required to allows teachers to wear headscarves and exceptions could only be made if “peace at school” was at risk.
One of the regular reports being drafted on equality focused on digitization, the delegation said. The report demonstrated that if digitisation was not proactively shaped, there could be negative effects. It was necessary to approach this issue from a feminist perspective and consider the risk of technologies to marginalised groups. When shaping algorithms, there could be a more gender sensitive approach to consider potential negative effects, in particular the institutionalisation of gender stereotypes. Artificial intelligence could lead to a reduction in gender discrimination in employment.
In concluding remarks, Margit Gottstein, State Secretary and Head of the Delegation, thanked the Committee for the numerous questions. Germany recognised that there were specific focus areas to ensure the State party fully implemented the Convention’s provisions.
Ana Pelaez Narvaez, Committee Chairperson, thanked the delegation for the constructive dialogue, which allowed the Committee to better understand the situation of women in Germany.
The delegation of Germany consisted of representatives from the Ministry for Family Affairs, Senior Citizens, Women and Youth; the Ministry of Justice; the Ministry of the Interior and Community; the Ministry of Labour and Social Affairs; the Ministry of Foreign Affairs; the Ministry of Food and Agriculture; the Ministry of Health; the Ministry of Economic Cooperation and Development; the Ministry of Social Affairs, Health and Inclusion, Baden-Württemberg; the Federal Office of Statistics; the German Bundestag; the Minister of Education and Cultural Affairs of the Länder; and the Permanent Mission of Germany to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-fifth session is being held from 8 to 26 May. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public on Friday, 12 March at 10 a.m. to consider the ninth periodic report of China (CEDAW/C/CHN/9), the ninth periodic report of the Hong Kong Special Administrative Region (CEDAW/C/CHN-HKG/9), and the ninth periodic report of the Macao Special Administrative Region (CEDAW/C/CHN-MAC/9).
Report
The Committee has before it the ninth periodic report of Germany (CEDAW/C/DEU/9).
Presentation of Report
MARGIT GOTTSTEIN, State Secretary and Head of the Delegation, said there had been a change of government in Germany in 2021, and the report was drafted by the previous government. The adoption of the Convention in 1979 marked a gender equality milestone. The Federal Government was the first to enshrine the Convention in its coalition agreement, and was committed to increasing the visibility of the Convention. In 2019, the German-language handbook on the Convention, “Rightfully Gender Equality”, was published. Furthermore, for the first time Germany provided funding to a civil society project, “CEDAW Alliance Germany”, amounting to almost one million euros for a period of three years, in which 33 civil society organisations were actively involved. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth was the central gender equality authority of the Federal Government, but gender mainstreaming was mandatory for all federal ministries. Länder and local governments were independently responsible for many areas of gender equality policy and promoted gender equality through a variety of measures.
Since February 2022, many people had fled from Ukraine to Germany, most of them women, many with children. Women received support helping to prevent and combat exploitation, and promote integration into the labour market. Russia’s war of aggression against Ukraine led to an increase in the cost of living in Germany. The Government countered this through relief packages, mainly benefiting families. This included an increase in child benefit payments and in the tax allowance for children. Germany was working on introducing basic child assistance, which would be a paradigm shift in family policy.
The impacts of the climate crisis were not gender neutral. In the Global South, women, girls and marginalised groups were hit hard by extreme weather events, droughts and floods. They needed to provide water and food for children and relatives, and were the first ones to learn how to cope with the impact of climate change. Their potential as adjustment experts and crisis managers needed to be recognised. Gender equality was a precondition for effective climate action and sustainable development, and was firmly embedded as a cross-cutting issue both in the 2030 Agenda and in the German Sustainability Strategy.
Currently, the gender pay gap between men and women amounted to 18 per cent in Germany. Women still earned seven per cent less than men, even when performing work of equal value. The Pay Transparency Act was introduced in 2017 to increase pay transparency. Additionally, Germany was striving to make the tax system more gender equal. Currently, 90 per cent of taxpayers in the unfavourable tax class were married women, resulting in their income being taxed at a relatively higher rate than that of the often higher-earning spouses. Planned reforms would help women directly earn higher net incomes in future and therefore be more financially independent.
In Germany, women were still underrepresented in leadership positions in business and public administration. The First and Second Acts on the Equal Participation of Women and Men in Leadership Positions had been adopted, which aimed to increase the number of women in leadership positions, and to introduce mandatory requirements for businesses and public service organisations. The Government aimed to achieve equal representation in supreme federal authorities by 2025, and had developed the Women in Leadership 2025 plan to achieve this. Parental allowance was a key focus of the report, and the Government wanted to introduce a two-week fully paid leave of absence for the partner after the birth of a child.
The new Government had appointed a commission on reproductive self-determination and reproductive medicine, which was currently examining whether abortions in Germany could be regulated outside criminal law. The aim was to ensure that every pregnant woman had access to counselling centres and abortion facilities. The new Government was working with the Länder, local governments and civil society in the “Roundtable on Violence against Women,” with the aim of adopting a federal law on protection and counselling in cases of violence. The Federal Government had tabled draft legislation requiring gender-specific motives behind a crime to be considered when determining the punishment. This law aimed to investigate and adequately punish gender-based violence, for example in intimate partner relationships, in the public sphere and online. Ms. Gottstein said the German Government was committed to an intersectional gender equality policy.
BEATE RUDOLF, Director of the German Institute for Human Rights, said the examination of Germany was timely as recommendations from the last round had been taken up in the coalition agreement, however implementation was not assured, and therefore recommendations could have a great impact. There was a need for reliable data to address violence against women and trafficking. The Government needed to be reminded of their obligations under the Convention so that all victims of violence had access to support. Women with disabilities were particularly at risk of experiencing violence, yet independent monitoring mechanisms had not been created. Debates should be started on a participatory process. It was necessary to enact provisions so that migrant women experiencing domestic violence were entitled to a resident’s statement independent of their spouse. The Government’s intention to improve the system for survivors of trafficking was noted. These should be included in a comprehensive national action plan. A safe legal basis needed to be introduced for 24-hour domestic care work.
Questions by Committee Experts
DAPHNA HACKER, Committee Expert and Country Rapporteur for Germany, applauded Germany for its thorough report, as well as the many non-governmental organisations that had submitted shadow reports for their dedication and contribution. Such an engaged and flourishing civil society was not only an achievement of feminist activists, but also an indication of a supportive society, country and government. A particularly positive development since the last report was the adoption of the first Gender Equality Strategy by the Federal Government. This in-depth document was evidence of Germany’s awareness of challenges that hindered gender equality and its commitment to overcoming them.
A Committee Expert commended Germany for its commitment and contribution to international cooperation, security and peace in the world. The State was also commended for the reception of more than one million refugees from Ukraine, the majority of them women, and for the reception of Syrian refugees. Germany hosted the second highest number of refugees of all European countries. Could the delegation clarify a recent decision of the Constitutional Court on intersectional discrimination? According to this decision, de-facto inequalities needed to be significant enough for the legislator to take them into account. Was there an explicit reference to the Convention in this decision? What were the guarantees provided for migrant women? Would the mandate of the national human rights institution be strengthened on the anniversary of the Convention? What initiatives could be taken to reduce de-facto inequality? How could the status of human rights defenders be strengthened?
Responses by the Delegation
The delegation said the anti-discrimination law would be voted upon as stipulated by the coalition agreement. The equality act was to be reviewed to provide for better protections and to be extended. The ban of teachers wearing headscarves was considered by the Constitutional Court. There was great value attached to neutrality, however the Court had decided that the ban was constitutional and that the Länder acted correctly. Religious or belief symbols could only be restricted if they undermined trust in the public civil service.
Currently, Germany was in the process of developing legislation that would allow transgender people to change their sex through a simply procedure. Children under the age of 18 needed parental permission to change their sex. The Government had established an alliance against sexism, which included stakeholders from civil society. Many plans were being initiated, and this alliance also included an anti-racist approach. The Government was not always permitted to impose its views in areas where Länder were responsible.
In response to a question on the scope of the new anti-discrimination law, the delegation said the law applied to housing issues.
Questions by Committee Experts
A Committee Expert commended the work of State party in developing the Comprehensive National Gender Strategy, Policy and Action Plan, and the inclusion of references to the Convention. Did the State party consider the strategy to be successful? What system was applied to monitor the implementation of the strategy? What were the lessons learned from the review of 2021? What measures were taken to strengthen the mandate of the anti-discrimination agency? Which measures would be taken by education authorities to ensure that German Muslim women and girls wearing a headscarf were not discriminated against at work or school? What were the number of complaints received by women and girls wearing headscarves? What percentage of programmes addressed gender equality?
Freedom of religion in Germany was guaranteed by the Constitution. Could information be provided on measures to ensure participation of German Muslim women wearing headscarves in employment and public life, in decision-making positions and in public offices, including the police force and the judiciary? Wearing a headscarf was a religious practice and not an unconstitutional symbol.
Responses by the Delegation
The delegation said regular monitoring of the national gender strategy was undertaken by the Federal Government. Each federal agency was responsible for evaluating the impact of their own budget on gender equality.
The anti-discrimination agency was independent and could not receive instructions from the Government. The agency dealt with all forms of discrimination, including gender-based discrimination.
The issue of Muslim women wearing headscarves was difficult to debate in Germany. The fact that there was discrimination against Muslim women was of great concern. However, there needed to be negotiations with the Länder and other bodies which employed women wearing headscarves, and discussions were happening with these parties. There were complaints coming from women who wore headscarves who wished to work in schools. They had the right to do so, but they were sometimes not taken up in the teaching force. Education fell within the jurisdiction of the Länder and so the Federal Government could not rule on this. Some Länder had changed their legislation; this was usually achieved through tribunals rather than through adopted laws. Berlin had recently banned teachers from wearing religious symbols such as headscarves, citing the neutrality law. Two and a half years ago, a court ruled that Berlin could not impose a blanket ban on teachers wearing headscarves. As a result, the state of Berlin was required to allows teachers to wear headscarves and exceptions could only be made if “peace at school” was at risk.
Part of the coalition had issued a recommendation to adopt a law on parity. To encourage women’s participation in politics, work was being done with women at the Länder level. There was a programme supporting women to become professors. This was initiated after a finding that the higher the academic rank, the lower the proportion of women. Its purpose was to develop the potential and talent of women and motivate young women to enter a career in science.
In response to a follow-up question on the scope of the programme, the delegation said it ran through all universities across all fields. There was also a programme called “Mission MINT” that focused on women’s involvement in the science, mathematics, engineering and technology industries.
Questions by the Committee Experts
A Committee Expert referenced a case tried in Germany about the crimes committed by Islamic State, including sexualized slavery. Around 100 survivors, who were predominantly female, had testified. What steps were taken regarding Germany’s investigations of international crimes, when it came to a gender basis for a successful prosecution? What resources were developed for gender sensitive and cultural approaches? Did due-diligence principles cover sexual harassment and abuse in global supply chains? Could more information be provided on hate-motivated gender crimes? How were the stereotypes that existed in the judiciary being addressed? What victim sensitive processes were in place? How could racial and gender stereotypes be addressed in the media?
The European Union’s new Artificial Intelligence Act proposed that high-risk artificial intelligence systems be subject to scrutiny before they were placed on the market or put into service. What steps were taken in Germany to address gender stereotypes before artificial intelligence systems were deployed? What regulatory framework would be put in place to safeguard women and their human rights against the threats imposed by artificial intelligence?
A Committee Expert said it was a big step forward that an independent monitoring unit would be installed in the fight against trafficking. Was training provided to law enforcement and the judiciary on trafficking? Were there specialised judges who oversaw trafficking cases? Did law enforcement carefully police online activities to identify and prevent trafficking? Would compensation for victims be an integral part of court proceedings? Were many Ukrainian women being trafficked? What specific measures had been implement in response to the so-called “Loverboy” method of recruitment? Had legislation for sex work decreased the stigmitisation of sex work?
Responses by the Delegation
The delegation said there were gaps when it came to data collection on sexual violence. There was a possibility for victims of sexualised violence to receive support in trial proceedings. Considerable training programmes were available on domestic violence. The Länder had measures in place, and the German Judges Academy also promoted such training. The supply chain law on human rights was established through a reference framework of 11 conventions.
One of the regular reports being drafted on equality focused on digitisation. The report demonstrated that if digitisation was not proactively shaped, there could be negative effects. It was necessary to approach this issue from a feminist perspective and take into account the risk of technologies to marginalised groups. When shaping algorithms, there could be a more gender sensitive approach to consider potential negative effects, in particular the institutionalisation of gender stereotypes. Artificial intelligence could lead to a reduction in gender discrimination in employment.
There were established cooperation structures in human trafficking at the Länder level. Responsibility for addressing human trafficking fell under various ministries; this was a cross-cutting topic. The shift of human trafficking into the digital space was of great concern to the Government. The Russian war of aggression against Ukraine led to a major flow of refugees, and work was done to ensure support material could be provided in Ukrainian, and to prevent human trafficking. Successful preventative measures had been implemented at train stations and places where women and children would arrive from Ukraine. A concept document on digital violence had been issued, which stated that existing provisions should be extended.
The Prostitution Act was currently being reviewed. The review was expected to conclude in 2025. Since August 2021, there had been five model projects financed which supported women to exit the prostitution industry in various regions in Germany. These projects were testing innovative ways to ensure people in prostitution could be supported in finding other forms of employment. There were special Ombudspersons appointed for human trafficking who received specialised training in that area.
Questions by the Committee Experts
A Committee Expert applauded Germany on the way the Constitutional Court had cited the Convention in the case on child marriage. Could more data be provided on measures to prevent female genital mutilation and femicide?
DAPHNA HACKER, Committee Expert and Country Rapporteur for Germany, asked if there were enough shelters for domestic violence victims? Did Germany require abusive husbands to wear electronic bracelets? How many unregistered sex workers were in Germany?
Responses by the Delegation
The delegation said female genital mutilation was explicitly punishable under Germany’s Criminal Code. There was variable practice in law when it came to femicide and partner violence. An assessment of the human trafficking law was being conducted by the same group assessing the prostitution law. Women at risk of female genital mutilation needed to be taken into special consideration.
Questions by Committee Experts
A Committee Expert said the parity law in certain States was controversial; what was its legal status currently? What concrete legislative steps were planned to ensure equal representation of women in political leadership?
Responses by the Delegation
The delegation said the Government aimed to ensure anyone discriminated against based on gender, age, race or any other factors had their rights restored. Germany’s feminist foreign policy did not represent an entirely new toolkit, but instead was based on mainstreaming. Part of the foreign feminist policy was also focused inwards. 27 per cent of foreign representatives of Germany were led by women; the Government would take swift action to increase the percentage of women leaders. The feminist development policy took into account multiple forms of discrimination and aimed to overcome colonial thinking patterns. Equal rights and participation were perquisites for peace. The key focus was on strengthening equal rights for all, improving resources and strengthening participation on marginalised groups.
There were certain members of Government who felt they could not express their views in favour of a parity law. A process was implemented to ensure that at the early stage of any legislative procedures, it would be verified if a gender perspective was impacted. Since 2015, leadership laws were established which stated that there needed to be at least a 30 per cent representation of women in leadership positions and at least one woman on each advisory board. Progress had been made with quota regulations, as previously the quotas were voluntary. This showed mandatory quotas worked, and women’s leadership had increased because of these quotas. The Government still aimed to achieve parity by 2025 but there was a lot of work to be done.
In response to a question on plans to amend electoral laws to achieve parity, the delegation said that during the current electoral period, there would not be a parity law introduced at federal level as there was not majority support from parties.
Questions by Committee Experts
A Committee Expert commended the State party for their advances in equality in education. However, what accounted for the disparity in more boys finishing certain components of education compared to girls? What measures promoted diversity within the educational sector? How were the guidelines on gender-sensitive schooling monitored? How was the school system poised to deal with sexualised violence towards girls in music culture, which children were exposed to outside of school? How were women encouraged to take up typically male careers? What lessons had been learned from the pandemic regarding education, and how had these been institutionalised?
What measures did the State party intend to take to increase women’s participation in full-time labour? The integration of migrant and refugee women into the labour force was far less successful than of men; only 28 per cent of migrant women had entered the labour force compared to 60 per cent of men. What programmes were envisaged to build a strong workforce of refugee women? Would there be language training? Did Germany intend to ratify the International Labour Organization and the United Nations conventions on migrant workers? What was being done to ensure headscarf wearing women had equal access to employment?
Responses by the Delegation
The delegation said the Länder actively worked to overcome stereotypes when it came to professions. Some Länder organised “Future Days” to give girls the opportunity to learn about traditionally male-dominated fields. The percentage of women enrolled in university science, maths, engineering and technology subjects had increased to 34 per cent, which was the highest level ever. Females accounted for 52 per cent of all students. The participation of women in the labour market had increased dramatically over the past few years, but was still lower than men. The gender pay gap had been reduced from 23 per cent in 2017 to 18 per cent last year.
Since the end of 2022, all asylum seekers had access to language classes. The participants paid around two euros per class, however classes were free of charge for low-income earners. During the pandemic, digitisation of language classes was promoted. Childcare was a task for the Länder but was still a concern for the Federal Government. 4.5 billion euros had been earmarked to help the Länder with childcare. However, the number of places was still insufficient, with a shortage of 70,000 spots in kindergartens. There was now an investment programme in place to finance childcare. There needed to be an increase in the number of quality educators. To address this, a strategy had been developed for fostering the educational professions. Cooperation with Länder was the key to success and to developing skilled childcare workers.
There was a programme called “My Turn” which provided empowerment training and language courses for migrant communities and the women in those communities. These initiatives aimed to bring migrant women into the labour market. Germany would not ratify the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families at this stage. Germany was in favour of the regulation of prostitution, but did not opt for the regulation of every other profession and trade. Intervention concepts were being developed by the Länder showing how authorities should proceed in cases of prostitution and violence. A “Hardship Fund” was available for women.
Questions by Committee Experts
A Committee Expert called for the barriers to the Hardship Fund to be removed.
Another Committee Expert commended Germany on efforts to ensure equality for women in access to health care services. However, there were some issues which had been present for a long time. The fact that abortion remained criminalised had severely negative effects. What was the timeline for decriminalising abortion? What mechanisms and safeguards were in place for monitoring an assessment of abortion provisions? What mechanisms were available to ensure protection of women during childbirth? Would safeguards against harassment for women seeking abortion be included in legislation?
A Committee Expert asked about the increased value the State party attributed to the occupations performed by women due to the pandemic. What gender specific measures had been implemented by the State party to combat poverty and social exclusion of women? What were the outcomes of the 2019 study of care givers? What affirmative steps had the State party taken to support women in agricultural enterprises? What steps had Germany taken to monitor the impact of current trade agreements in favour of women’s economic rights?
Responses by the Delegation
The delegation said a commission had been initiated on reproductive and sexual rights, with part of their mandate covering abortion. In particular, it was investigating to what extent and how pregnancy termination could be regulated outside the criminal court. The commission was established partly as there had not been a political agreement to remove abortion from the criminal code; this was a compromise. It was agreed that the ban on advertising abortion services would be removed from the criminal code. Medical practitioners could now inform the public of all services they provided, including pregnancy termination. The policy in Germany was harmonised with European regulations on abortion. Doctors were only free to carry out abortions once there had been some counselling.
In the current coalition agreement, there was an obligation to ensure people without documents could still be treated medically. A law was being developed to provide for the safety and rights of women seeking abortion, balanced against a high level of freedom of expression. The National Action Plan on Business and Human Rights was currently being reviewed. The revisions would take into account gender-specific risks, as well as those for vulnerable and marginalised groups. Measures had been introduced to fight against the risk of poverty among women. There was an increase in the amount of pension women could receive. The minimum wage had also been increased. A package of measures had been adopted to counter inflation and support groups with low income.
Questions by Committee Experts
A Committee Expert commended Germany for its efforts in addressing climate change, including its enactment of the climate protection act. However, carbon emissions by Germany were increasing, despite the Government’s aim to phase out coal by 2030. What steps was the Government taking to accelerate its climate action and reduce its greenhouse emissions? What measures was the State party taking to develop gender sensitive information and financing? How was the Government supporting women and girl activists to advance their work on climate justice? What steps were being taken by the State party to tackle the increase in anti-immigrant and anti-Roma racism?
A Committee Expert asked for data on physical custody and child support sums over the past ten years? What was done to ensure that the custody arrangements decided by courts were practiced? What were the poverty rates of divorced mothers compared to divorced fathers?
Responses by the Delegation
The delegation said Germany believed an effective climate change policy would have a benefit to marginalised groups, and this was why climate change responses were prioritised in Germany’s feminist policy. Equality was the guiding principle for the environmental strategy for climate. An ombudsman had been appointed for the elimination of discrimination against Sinti and Roma. In cases of violence against children, the parent responsible was no longer able to participate in any decision making related to the child.
Closing Statements
MARGIT GOTTSTEIN, State Secretary and Head of the Delegation, thanked the Committee for the numerous questions. Germany recognised that there were specific focus areas to ensure the State party fully implemented the Convention’s provisions.
ANA PELAEZ NARVAEZ, Committee Chairperson, thanked the delegation for the constructive dialogue, which allowed the Committee to better understand the situation of women in Germany.
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