GERMANY-SOGI-TBs-CCPR

Country: Germany

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Human Rights Committee - International Covenant on Civil and Political Rights (ICCPR)

Concluding Observations on Report 7 (2021) (Link)

Hate speech and hate crimes

10. The Committee welcomes the information provided by the State party about high- level political commitment to addressing hate speech and hate crimes, including the formation of a Cabinet committee to combat right-wing extremism and racism and the Federal Government’s strategy to prevent extremism and promote democracy. Nevertheless, it remains concerned about continuing reports of hate speech, including verbal attacks, online hatred and hate speech in the context of political discourse, as well as about reports of a range of hate crimes, including violent attacks and the desecration of religious sites, committed against people of African descent, lesbian, gay, bisexual, transgender and intersex persons, Sinti and Roma persons, Muslims, persons of Jewish faith, refugees and migrants. It is also concerned by the State party’s statement that it is not considering legal amendments to remove the requirement to disturb public peace from the definition of incitement to hatred (arts. 2, 19–20 and 26).

11. Recalling the Committee’s previous recommendation,8 the State party should: (a) Improve data collection on online and offline hate speech and take

effective measures to prevent and punish these phenomena;

(b) Consider legal amendments to remove the requirement to disturb public peace from the definition of incitement to hatred;

(c) Strengthen awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity, revisiting and eradicating stereotypical prejudices;

(d) Encourage reporting of hate crimes and ensure that all hate crimes are thoroughly investigated, that perpetrators are prosecuted and punished and that victims are provided with effective remedies;

(e) Reinforce cooperation among relevant stakeholders, including civil society, and provide adequate training to central and local authorities, law enforcement officials, judges and prosecutors on addressing hate speech and hate crimes and to media workers on promoting acceptance of diversity.

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Intersex persons

20. The Committee is concerned about reports that intersex children have sometimes been subjected to invasive, medically unnecessary and irreversible medical procedures aimed at assigning them a sex. It is also concerned that such actions are often based on a stereotyped vision of gender roles, involve humiliating and painful procedures and are carried out before the affected persons are of an age to give their free and informed consent. It is further concerned that victims of such practices face significant barriers to accessing remedies, despite suffering lasting physical and psychological harm, including owing to statutes of limitations impeding child victims from seeking redress when they are adults, difficulties accessing health records and compensation not being available. The Committee commends the State party for introducing the Law on the Protection of Children with Variations in Sex Development in 2021. It nevertheless remains concerned by reports that the Law does not specifically restrict all problematic practices, establish criminal liability or effectively address all barriers to access to remedies for victims (arts. 2–3, 7, 17, 24 and 26).

21. The State party should take all steps necessary to ensure that all acts relating to the assignment of a sex to intersex children performed without their free and informed consent are specifically prohibited, except in cases where such interventions are absolutely necessary for medical reasons and the best interests of the child have been duly taken into account. This should include the consideration of amendments to the Law on the Protection of Children with Variations in Sex Development of 2021 within the five-year period allocated for its review, if necessary. The State party should also ensure that all victims have access to remedies, including through a revision of the application of statutes of limitation for violations in childhood, taking steps to ensure that all victims have access to their health records and considering the establishment of a dedicated compensation fund.

GERMANY-SOGI-TBs-CCPR

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