Publication- Statements - other

You will find Press releases on the page: Calendar

 

Recommended book

TRANSSEXUAL PEOPLE IN GERMANY / TRANSSEXUELLE MENSCHEN IN DEUTSCHLAND. a human rights report to the Fifth State Report of the Federal Republic of Germany according to Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), 2008/ ein menschenrechtsbericht , ed. by ATME e.V. , Ludwigsburg 2009 [IBAN DE42604500501000630242]

http://atme-ev.de/

 

Translation

Hedy Epstein: „Remembrance is not enough“ (in German), Translated by Marion Böker, Muenster (Unrast Verlag), 1999

15. August 1924 - 26. May 2016; My mentor. My friend. In Memoriam: STAY HUMAN

News and documents on internat., reg., & nat. development & implementation

of legislation

Anti-Discrimination Act of the Federal Republic of Germany (Allgemeines Gleichbehandlungsgesetz AGG)

As a part of the response to the German NGO alternative reports to the German state report the UN - CEDAW-Comittee adviced the German Government in it's Concluding observations 2/2009 the following in accordance with the recommendations of the Alliance of German Women's organizations:

 

-excerpt-:

 "Anti-discrimination legislation, Germany

 

17. The Committee notes the broader scope of the General Equal Treatment Act of 2006, which covers all forms of discrimination on various grounds, including sex, in the workplace and in certain business transactions and is no longer limited to labour law but pertains to other areas of law. The Committee regrets, however, that no aspects of the domestic and private spheres are covered by the Act and that it does not provide for a reversal of the burden of proof in discrimination cases.

 

18. The Committee calls upon the State party to carefully monitor the implementation of the General Equal Treatment Act of 2006 and take appropriate measures to ensure that the broad scope of the Act is effectively used to eliminate discrimination against women in all areas covered by the Convention. The Committee recommends that the State party consider the possibility of amending the General Equal Treatment Act in order for it to apply to appropriate aspects of the domestic and private sphere and to reverse the burden of proof in order to ease the enforcement of women’s rights to equality.

 

19. The Committee notes with satisfaction the establishment, in 2006, of the Federal Anti-Discrimination Agency (FADA) responsible for the implementation of the General Equal Treatment Act of 2006 and mandated to support people in enforcing their right to non-discrimination. While welcoming the fact that the Agency can provide legal advice and request information on alleged discrimination cases from private and public actors, the Committee regrets that the Agency is not empowered to file anti-discrimination suits, and that it lacks the authority to conduct further inquiries or the possibility to sanction if necessary information is withheld. In addition, it expresses concern at the scarcity of its human and financial resources. The Committee notes with concern that the appointment process whereby the Federal Minister for Family Affairs, Senior Citizens, Women and Youth appoints the Head of the Agency with its term of office, which is tied to the term of parliament (Bundestag), may impact on its independence.

 

20. The Committee calls upon the State party to provide the Federal Anti-Discrimination Agency with adequate human and financial resources to enable it to effectively fulfil its mandate in promoting equality, including gender equality. It recommends that the State party consider broadening the scope of the mandate of the Agency and endow it with additional investigative and sanction powers. In order to enhance the Agency’s independence and transparency, the Committee recommends that the State party consider designing a different appointment procedure for the Agency’s Head, for example by the Bundestag or the Federal President, and that the term of office be fixed to a certain number of years."

 

DURBAN calls for NAP against racism: WCAR-Review & Follow ups
UN World Conference against Racism, Radical Discrimination, Xenophobia and related Intolerance (WCAR Durban, 2001)

 

In April 2009 the Durban review conference (DRC) took place in Geneva at the UN OHCHR. See the outcome document:

http://www.un.org/durbanreview2009/ 

 

In 2008 Germany released a National Action Plan Against Racism. NGOs and experts found it very week, without clear benchmarks for the few measures and rare finances for measures.

End of August 2007 the UN-Preparatory-Committee on the DURBAN review conference in 2009 was hosted in Geneva. Different from the PrepCom 2000 and 2001 and Durban now there was only a low participation of NGOs, even if important decisions on the format of the review conference about the obstacles and progress and result in the member states like e.g. Germany had been on the agenda.

A few German NGOs especially from the HUMAN RIGHTS FORUM participated in 2001 in Durban. At the moment they are not very active on behalf of Durban. The process to draft a NAP with the participation of NGOs as it was agreed between Government and NGOs then was stopped. So, still Germany is in duty to implement all tasks of the WCAR-Durban Programme of Action, a NAP and all its consequences.

Read the Statement of Portugal on behalf of the European Union about how they wish to plan the Durban review conference which should be 3 day 'high-level-meeting' and 'avoid the format of a new World Conference' and be hold in New York 'in the framework of the General Assembly'.
'High-level-meetings' often are very restricted to NGO participation and only a few NGOs worldwide are active with the GA. NGOs have to very aware and informed about the further planning process to have access.
PDF WCAR Document, Durban 2001

The International Centre Anti Racism Europe (ICARE) provides continuously information on the WCAR-Follow-Up process as well on racism and anti-racist activities in Europe from the NGO perspective. A mailing list offers regular reports from ICARE activists on UN, EU, OSZE or other level meetings on Durban or combating racism, but as well short interactive discussions, exchanges or all kind of call for papers.

 

www.icare.to/

The mutual roof organisation of many NGOs CONGO informs at
www.ngocongo.org

The official webpage of the UN-High Commissioner for Human Rights (OHCHR) informs at
www.ohchr.org

The German Foreign Office does not yet provide information on the recent committee meeting or planning process for 2009. The following Link leads to the final WCAR- Document of Durban in German and documents of the later OSCE-Conference Against Racism 2004:
www.auswärtiges-amt.de
 

 

'Slow March towards Gender Balance' troubles the Commissioner for Human Rights on the Council of Europe
"[20/08(07- updated 29/08/07] The distribution of power between men and women is still very unequal. This was the underlying motivation for a milestone recommendation by the Council of Europe four years ago. The Committee of Ministers agreed on action for "balanced participation of women and men in political and public decision-making". The idea was to open the door for women into positions of power. The time has come to start assessing the results. (...)".
Read the whole Viewpoint of Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe:
PDF "The slow march towards gender balance in politics"

 

The source of the Viewpoint as well the Recommendation on the issue of 2003 in English, French and Russian is the following webpage of the COEs Commissioner for Human Rights:
www.coe.int

 

 

Gender Budgeting in Europe and Germany

In Germany national ministries still resist to implement - Feasibility study (2007) is not taken into account.
In 2007 the Federal Republic of Germany wrote in the 6st state report to the UN-CEDAW-Comittee that they have problems with the English terminology and that nobody can understand Gender Budgeting and Mainstreaming - until today nor the Fed. Ministry for Women's, Seniors, Family and Youth Affairs (The National Machinery of the Advancement of Women) nor the other ministries actively and openly transparent implement Gender Mainstreaming and Budgeting- Germany wastes time for implementation of these modern administrative instruments for effective quality controlling of gender equality -

 

The UN-CEDAW-Comittee urged the German Government in it's Concluding observations 2/2009 to return to the implementation of Gender Mainstreaming und Budgeting and give capacity trainig to the change agents in the administration so that they can implement. The resistance of the implementation of these international binding instruments (PFA Beijing, Beijing+5, EU-directives) was called a violation of the convention (CEDAW) by the country rapporteur Cees Flinterman during the 43rd session of CEDAW in 2/2009.

 

Beside the European Symposium 'Let us share the benefit - with gender budgeting towards social justice and equal opportunities' of the German Government under the German European Presidency on 4th and 5th June 2007 at Frankfurt/Main, the participating representatives of European Gender Budget/ing Initiatives (NGOs) and researcher met and agreed on the following resolution:
PDF Gender Budgeting Resolution

 

The Symposium, which was organised from the Federal Ministry for Families, Seniors, Women and Youth (BMFSFJ), shall be documented on a governmental webpage. This was said at the end. Still we do not know any link and have not been informed on that.