Tenth session
CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations of
the Committee on the
Rights of the Child: Germany
The Committee considered the initial
report of Germany (CRC/C/11/Add.5)
at its 243rd to 245th meetings (CRC/C/SR.243-245),
held on 6 and 7 November 1995, and
adopted* the following concluding
observations:
A. Introduction
The Committee notes that the report
prepared by the State party offered
a comprehensive explanation of the
legislative framework for the implementation
of the Convention; however, it did
not contain sufficient information
on the actual implementation of
the principles and provisions of
the Convention throughout the country.
The Committee, therefore, expresses
its appreciation for the frank and
self-critical approach of the delegation
to answering the questions raised
by the Committee and for the clarifications
regarding the measures being taken
and envisaged for the implementation
of the Convention. The Committee
welcomes the constructive discussion
and exchange of views with the delegation.
B. Positive factors
The Committee welcomes the statement
by the delegation expressing the
willingness of the State party to
consider reviewing the declarations
made to the Convention with a view
to their possible withdrawal.
The Committee welcomes the declaration
made by the State party that
the participation of children aged
15 and over as soldiers in armed
conflict is not compatible with
the best interests of the child,
as well as the willingness of the
Government to support the drafting
of an optional protocol to the Convention
in this area. The State party's
support for the international call
for a ban on the manufacturing and
trade in anti-personnel land-mines
is also warmly welcomed.
The Committee notes with satisfaction
that a committee of experts has
been established to prepare a comprehensive
picture of the actual situation
of children in Germany and has embarked
upon its work, with a view to contributing
to the Child and Youth report to
be presented to the Bundestag and
Bundesrat.
The Committee acknowledges the determination
of the State party to prevent and
combat xenophobic tendencies and
manifestations of racism. The Government
is to be commended for the extensive
efforts undertaken to ensure the
involvement of and effective cooperation
between the Federal, L�nder and
local authorities in the implementation
of a country-wide campaign to prevent
and combat such phenomenon and to
promote ethnic and racial harmony,
in the general framework of the
Youth Campaign launched by the Council
of Europe.
The Committee also appreciates the
willingness of the State party to
undertake research and additional
measures for the early detection
and prevention of violence and sexual
abuse within the family. Equally,
the Committee welcomes the State
party's willingness to organize
initiatives to educate the media
about the need to protect children
from harmful influences.
The measures being taken by the
Government to prepare the ground
for the future ratification by Germany
of the Hague Convention on the Protection
of Children and Cooperation in Respect
of Intercountry Adoption are welcomed.
The Committee acknowledges the efforts
made by the State party with a view
to accepting comparatively large
numbers of refugees and asylum-seekers,
particularly from the former Yugoslavia.
With regard to the efforts undertaken
by the State party to combat the
sexual exploitation of children,
the Committee notes with satisfaction
that the Criminal Law has been extended
to make sexual abuse of children
abroad a criminal offence. In addition,
note is taken of the recent measures
to make the possession of pornographic
materials featuring children a punishable
offence.
The Committee takes note with appreciation
of the support of the State party
for the International Labour Organization's
programme for the elimination of
child labour.
The Committee notes with interest
that as of 1996 every child in Germany
will have the legal right to a place
in a kindergarten.
D. Principal subjects of concern
The Committee regrets the extent
of the declarations made by the
State party to the Convention. It
is the view of the Committee that
several of the declarations made
raise concern as to their implications
and compatibility with the full
enjoyment of the rights recognized
by the Convention.
It is a matter of concern to the
Committee that insufficient attention
appears to have been given to the
matter of the establishment of an
effective coordination and monitoring
mechanism at the Federal, Land and
local levels for the implementation
of the Convention. Such a mechanism
is of essential importance for the
evaluation and promotion of the
development of policies and programmes
for the benefit of children, in
the light of the Convention.
The Committee is concerned about
the insufficient awareness and understanding
among adults and children of the
principles and provisions of the
Convention.
While acknowledging the clearly
stated commitment of the State party
to take the Convention as the framework
for action on behalf of the child,
the Committee is concerned at the
insufficient reflection given to
the child as a subject of rights
as provided for in the Convention
in national legislation, policy
and programmes. In this regard,
it is of concern to the Committee
that the incorporation of the general
principles of the Convention as
laid down, inter alia, in
its articles 2 and 3 appears to
have been neglected.
With respect to the implementation
of articles 12, 13 and 15 of the
Convention insufficient attention
has been accorded to ensuring the
involvement of children in decisions,
including within family, and in
administrative and judicial procedures
regarding them.
The Committee recognizes that while
considerable efforts have been undertaken
by the Government and substantial
progress has been achieved in ensuring
complete unity between the old and
new L�nder, the goals of equalizing
living conditions and establishing
comparable structures for child
and youth services throughout the
country remain to be accomplished.
Thus, the Committee remains concerned
about the prevailing disparities
in living standards and in the quality
of services between the different
L�nder and about the difficulties
faced by particularly vulnerable
groups in society, such as children
born out of wedlock and single-parent
families.
The Committee remains concerned
about the extent to which account
is taken of the special needs and
rights of children in asylum-seeking
and refugee situations. Procedures
governing asylum-seeking children,
particularly those relating to family
reunification, expulsion of children
to safe third countries and the
"airport regulation" give
cause for concern. In this respect
the Committee notes that the guarantees
provided for in the Convention,
in particular in its articles 2,
3, 12, 22 and 37 (d) do not appear
to be complied with, while insufficient
attention seems to have been ensured
to the implementation of articles
9 and 10 of the Convention. The
Committee also notes with concern
that the provision of medical treatment
and services to asylum-seeking children
does not appear to be interpreted
in the light of the principles and
provisions of the Convention, in
its articles 2 and 3.
With regard to matters relating
to juvenile justice, the Committee
expresses its concern about the
declaration made by the State party
to article 40 (2) (b) (ii) which
appears to limit the child's rights
to access to justice and to a fair
hearing as well as the right to
legal assistance and defence.
E. Suggestions and recommendations
The Committee warmly welcomes the
information provided by the State
party that consideration is being
given to the incorporation of the
Convention on the Rights of the
Child in the Constitution of Germany
and, in this spirit, it encourages
the State party to pursue the ongoing
efforts aiming at according constitutional
status to the Convention.
The Committee recommends that the
State party pursue the review of
the declarations entered to the
Convention with a view to considering
their withdrawal. The Committee
is of the opinion that, in the light
of proposed reforms to national
legislation, it would appear that
such declarations are unnecessary;
doubts are raised as to their compatibility
with the Convention.
The Committee suggests that the
State party give further consideration
to the establishment of a permanent
and effective coordination mechanism
on the rights of the child at the
Federal, Land and local levels.
Consideration should also be given
to the development of an evaluation
and monitoring system, addressing
all areas covered by the Convention
based on the comprehensive and systematic
collection of data and ensuring
priority attention to the most vulnerable
groups, while bridging prevailing
economic and social disparities.
The Committee is encouraged by the
State party's commitment to continue
fostering closer cooperation and
dialogue with the non-governmental
organizations and children's groups
involved in the monitoring and implementation
of children's rights. The Committee
also encourages the State party
to look more closely into the work
of the Ombuds institution for children,
particularly with respect to its
potential contribution for monitoring
the implementation of the rights
of the child.
With respect to article 4 of the
Convention, the Committee emphasizes
the importance of the allocation
of resources to the maximum extent
for the implementation of economic,
social and cultural rights of the
child at Federal, Land and local
levels, in the light of the principles
of the Convention, in particular
those of its articles 2 and 3 relating
to non-discrimination and the best
interests of the child.
While acknowledging the strong commitment
of Germany to providing structural
assistance to third countries, the
Committee would like to encourage
the State party in its efforts to
achieve the 0.7 per cent
target for international assistance
to developing countries, as well
as to
give consideration to the use of
debt conversion and forgiveness
measures in favour of programmes
to improve the situation of children.
In this respect, the Committee emphasizes
that the undertaking of a study
on the impact on children of a State
party's international cooperation
and development assistance programmes
has proved a useful tool in evaluating
the effectiveness of such initiatives
for the implementation of the Convention
on the Rights of the Child.
The Committee notes with satisfaction
the acknowledgement by the State
party that a key area of attention
should be the development of a comprehensive
and systematic strategy for disseminating
information and creating awareness
of the rights of the child. The
development of public campaigns
through the use of the media and
the involvement of the civil society,
including non-governmental organizations
and children's groups, would contribute
to effectively addressing the need
to increase understanding and to
promote respect for the rights of
the child.
The Committee recommends that the
State party make full use of the
opportunity offered by the United
Nations Decade for Human Rights
Education, to pursue further the
preparation of educational materials
on human and children's rights and
the incorporation of human rights
education, particularly about the
rights of the child, into school
curricula and into the training
programmes of professional groups
working with or for children, including
teachers, judges, lawyers, social
workers, health service personnel,
police and immigration officials.
The Committee is encouraged by the
State party's proposed reform of
national legislation in the light
of article 2 of the Convention,
inter alia to ensure that
children born out of wedlock are
not discriminated against. The Committee,
therefore, recommends that the efforts
to harmonize legislation with the
provisions and principles of the
Convention be further pursued and
that the State party continue to
give priority to reflect in its
legislation and policies the general
principles of the Convention, particularly
those laid down in articles 2 (non-discrimination)
and 3 (best interests of the child).
The Committee notes that provisions
of the Convention relating to the
participation of children, including
its articles 12, 13 and 15, need
to be more thoroughly considered
and encouraged. To this end information
and awareness campaigns should be
developed. Similarly, the Committee
recommends that consideration be
given to extending and broadening
the involvement of children in decisions
affecting them in the family and
in social life, including in proceedings
relating to family reunification
and adoption.
Appreciation is expressed of the
State party's acknowledgement of
using the Convention on the Rights
of the Child as an instrument to
sharpen awareness of the responsibilities
of persons taking care of children
and the need to equalize the responsibilities
between parents in bringing up their
children. The Committee encourages
the State party to pursue its efforts
towards changing attitudes with
a view to eradicating all forms
of violence against children, including
the use of corporal punishment within
the family. In this regard, it further
encourages that, in the ongoing
process of reform of the Civil Code,
consideration be given to the incorporation
of an absolute ban on corporal punishment.
Taking note of the allocation of
additional resources to family-related
benefits and of the willingness
to undertake other measures to achieve
further progress in addressing the
problems facing single parents,
and recognizing the State party's
commitment to undertake measures
to improve poorer children's access
to out-of-school activities, including
leisure activities, the Committee
believes that greater priority should
be given to an analysis of the occurrence
of child poverty. Such an analysis
should be undertaken from a holistic
perspective, taking into account
the possible linkages between such
matters as housing conditions, family
support to the child at home and
in school, and the risk of dropping
out of school. The results of this
research could serve as a vehicle
for discussion of these matters
both in Parliament and with the
relevant authorities as well as
for the development of a more comprehensive
and integrated approach for responding
to the problems identified.
The Committee suggests that the
State party undertake more comprehensive
research on the possible effects
of environmental pollution on the
health of children.
The Committee is of the opinion
that the issue of asylum-seeking
and refugee children deserves further
study with a view to its reform
in the light of the Convention and
of the concerns expressed during
the discussion with the Committee.
Such initiatives should reflect,
inter alia, on the procedures,
especially as they affect children
16 to 18, which govern the expulsion
of children to third safe countries,
family reunification and the "airport
regulation" as to their compatibility
with the provisions and principles
of the Convention, in particular
those of its articles 2, 3, 5, 9
paragraph 3, 10, 12, 22 and 37 (d).
Note is taken of the Government's
intention to reform the system of
juvenile justice, including with
regard to considering strengthening
the services and the development
of child-friendly proceedings for
dealing with child victims and witnesses.
It is also noted that the elimination
of the possibility of applying an
indeterminate sentence on juveniles
has been taken into account in the
context of this reform. Additionally
within this framework, the Committee
expresses the hope that the declarations
made by the State party to article
40 (2) (b) (ii) and (v) will be
reviewed with a view to their possible
withdrawal.
The Committee also recommends that
a plan of action with time-bound
targets be prepared for the undertaking
of the legislative reform, policies
and action to implement fully the
provisions and principles of the
Convention. The Committee suggests
that the occasion of the Child and
Youth report to be presented by
the Federal Government to the Bundestag
and Bundesrat be used to generate
a debate by parliamentarians of
the issues facing children in the
State party and to determine policies
to address these matters.
The Committee recommends that the
State party's report to the Committee,
the summary records of the discussion
of the report and the concluding
observations adopted by the Committee
be widely disseminated in the country
with a view to promoting wider awareness
of children's rights, including
at the Land and local levels, among
the authorities, non-governmental
organizations, relevant professional
groups and the community at large,
including children.
* At the 259th meeting, held on
17 November 1995.
