“While Germany has a well-developed welfare system, persistent challenges in accessing social rights have resulted in disquieting levels of poverty, social inequality and homelessness, affecting a growing part of the population. Rapid action must be taken to better protect the right to an adequate standard of living, especially for groups who have been marginalised within the social security system for years, including single-parent families, children, persons with disabilities, and older persons” said Dunja Mijatović, Council of Europe Commissioner for Human Rights today, following her five-day visit to Germany.
The Commissioner was impressed by the dedication and professionalism of staff working in a charity-run soup kitchen and daycentre for homeless people in Dresden, where she witnessed the situation of persons who had, due to the rapidly-mounting cost of living and an ever-tighter housing market, become unable to pay their rent even while in employment. Despite welcome efforts by the government to streamline application processes for social protection benefits, effective access to social rights is often still impeded by the insufficiency of allowances, lack of awareness among rightsholders, complex application procedures, and lacking coordination between the various levels of administration and competencies.
“Social rights are human rights and trigger state obligations, not mere recommendations for charity provision when resources are available. I am concerned about the long-term impact of poverty, homelessness and social exclusion on broader access to rights, including health, quality education, the right to private life, civil rights and political participation. According to many discussions I have had, these factors sometimes result in increased racism and negatively affect social cohesion. I trust that the current budget discussions will not affect the urgent social support measures that are a lifeline to many and also needed to safeguard the minimal subsistence level prescribed by the German Constitutional Court.”
With regard to children’s rights, the Commissioner noted limited progress in ensuring that the best interests of children are considered a priority in all matters affecting them, despite broad awareness of the lasting adverse impact of COVID-related policies on children and youth. “Germany should live up to its commitment to strengthen children’s rights by anchoring them in the Constitution and appointing a central authority to coordinate the implementation of the UN Convention on the Rights of the Child at all levels. I applaud the children and young people I met during my visit for their clear vision and dedication related to their rights and future. I encourage the government and all other stakeholders to ensure that the views of children and young people are effectively heard and considered at all relevant policy levels.”
In meetings with organisations of persons with disabilities, the Commissioner learned of the persistent obstacles they face to achieving independent lives in their communities, in line with international and Council of Europe human rights standards. “The vast majority of children with disabilities are still channelled into special schools where they remain far behind their potential in terms of academic and professional career opportunities. Germany must do more to desegregate the education and employment sectors and ensure that persons with disabilities are provided with adequate and fully inclusive options.”
The Commissioner welcomes the steps taken by the government to strengthen the independence and functioning of the German Institute for Human Rights and the Independent Federal Anti-Discrimination Commissioner. Both are essential for increasing the awareness and understanding of international human rights and equality standards in Germany, which remain limited among the public and legal practitioners alike. “I call on the government to follow through with its commitment to the overdue substantive reform of the General Law on Equal Treatment, to bring it in line with European standards and ensure, among other things, that the growing number of reported cases of discrimination by representatives of public authorities are adequately covered. It is high time to address long-standing inequalities for disadvantaged children in the school system which perpetuate poverty and social exclusion over generations.”
During the visit, the Commissioner met with the Federal Minister for Housing, Urban Development and Building Klara Geywitz, the Minister of State for Europe and Climate Anna Lührmann, the Federal Commissioner for the Affairs of Persons with Disabilities Jürgen Dusel, the Federal Commissioner for Human Rights Policy and Humanitarian Assistance Luise Amtsberg, State Secretary Margit Gottstein from the Federal Ministry for Family, Seniors, Women and Youth, State Secretary Angelika Schlunck from the Ministry of Justice, State Secretary Rolf Schmachtenberg from the Federal Ministry of Labour and Social Affairs, and the Parliamentary Committee on Human Rights and Humanitarian Aid. In Saxony, the Commissioner met with the Saxon State Minister for Social Affairs and Social Cohesion Petra Köpping and the Commissioner for Children and Youth of Saxony Susann Rüthrich. She also met with the Director of the German Institute for Human Rights Beate Rudolf, the Independent Federal Anti-Discrimination Commissioner Ferda Ataman, as well as a wide range of civil society actors working on the topics covered, children and youth representatives, self-representative organisations of persons with disabilities, and anti-discrimination advice centres.
A report on the visit is forthcoming.