Seventh periodic report submitted by Germany under articles 16 and 17 of the Covenant, due in 2023 : Committee on Economic, Social and Cultural Rights

Table of Contents

• Seventh periodic report submitted by Germany under articles 16 and 17 of the Covenant, due in 2023*, ** 1
• Part One 2
• A. Preliminary Remarks 2
• Information relating to paragraph 67 of the concluding observations (E/C.12/DEU/CO/6) 2
• Information relating to paragraph 65 of the concluding observations 2
• B. General questions related to the domestic application of the Covenant 2
• Information relating to paragraph 4 of the concluding observations 2
• Ratification of the Optional Protocol 2
• Information relating to paragraphs 5 and 6 of the concluding observations 2
• C. Other Recommendations of the Committee 3
• Information relating to paragraph 62 of the concluding observations 3
• Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 3
• Information relating to paragraphs 63 and 64 of the concluding observations 3
• Implementation of the United Nations 2030 Agenda/Sustainable Development Goals 3
• Information relating to paragraph 21 of the concluding observations 4
• ODA 4
• Part Two 4
• Developments related to the rights guaranteed in the Covenant 4
• A. General Provisions of the Covenant 4
• Article 2 4
• Non-discrimination in the exercise of rights (paragraph 2) 4
• Information relating to paragraphs 9 and 10 of the concluding observations 4
• Enforcement of rights 4
• 1. Access to effective remedy and compensation: Standing to sue 4
• 2. Introduction of collective redress mechanisms: Model declaratory action 5
• 3. Corporate criminal liability 5
• (Unbureaucratic) acceptance of refugees from Ukraine 5
• Ratification of ILO’s Indigenous and Tribal Peoples Convention No. 169 6
• Admission of refugees and refugee projects 6
• Rights of transgender persons and violence against them 7
• Legal regulation of triage 8
• Article 3 8
• Gender equality 8
• Information relating to paragraphs 30 and 31 of the concluding observations 8
• Equal participation in management positions 8
• Information relating to paragraphs 32 and 33 of the concluding observations 9
• Part-time work and right to work more 9
• Information relating to paragraph 39 of the concluding observations 9
• On the development of the gender pay gap 9
• Information relating to paragraphs 32 and 33 of the concluding observations 10
• Expansion of child day care 10
• B. Individual rights guaranteed in the Covenant 11
• Article 6 11
• Right to work 11
• Information relating to paragraphs 22 and 23 of the concluding observations 11
• Ecclesiastical Labour Law 11
• Skilled Immigration Act with a focus on access to the German labour market 11
• Introduction of Citizen’s Benefit 12
• Information relating to paragraphs 34 and 35 of the concluding observations 13
• Employment situation of people with disabilities and employee rights for employees in sheltered workshops for people with disabilities 13
• 1. Mandatory employment quota and compensatory levy 13
• 2. Sheltered workshops for people with disabilities 13
• Article 7 14
• Right to just and favourable conditions of work 14
• Legal instruments of the International Labour Organization (ILO) 14
• Information relating to paragraphs 7 and 8 of the concluding observations 14
• Business and Human Rights, National Action Plan, Adoption of the Act on Corporate Due Diligence in Supply Chains 14
• Information relating to paragraphs 36 and 37 of the concluding observations 15
• Increase in the minimum wage 15
• Information relating to paragraphs 32 and 33 of the concluding observations 15
• Decent jobs and conversion of atypical employment (precarious employment) into regular employment 15
• Information relating to paragraphs 48 and 49 of the concluding observations 16
• Working conditions and pay of nursing and care staff in geriatric care 16
• Information relating to paragraphs 40 and 41 of the concluding observations 16
• Strengthening occupational health and safety 16
• Article 8 18
• Right to trade union activity 18
• Information relating to paragraph 45 of the concluding observations 18
• Ban on strikes by and the right to strike of civil servants 18
• Article 9 18
• Right to social security 18
• Information relating to paragraphs 50 and 51 of the concluding observations 18
• Child poverty 18
• Information relating to paragraphs 46 and 47 of the concluding observations 19
• Increase / recalculation of basic income support for jobseekers / Citizen’s Benefit; New regulation of sanctions or reductions in benefits including suspension in sanctions in the Second Book of the Social Code 19
• Pension insurance reforms 19
• 1. Act concluding the extension of pension legislation to the East German Länder of 2017 19
• 2. Pension Benefits Improvement and Stabilization Act (2018) 19
• 3. Flexible pensions and additional income regulations 20
• 4. Reform on prevention benefits and services (also regulated in the Flexi-Pensions Act) 20
• 5. Act to Strengthen Occupational Pensions 20
• 6. Introduction of a basic pension supplement 20
• 7. Further improvements for reduced earning capacity pensions 20
• Article 10 20
• Rights of families, mothers, children and young people to protection and assistance 20
• Promoting better reconciliation of work and family life, increasing fathers’ participation, parental allowance 20
• Building-related child benefit, home ownership for families 21
• Abolishing child labour worldwide by 2025 21
• Information relating to paragraphs 28 and 29 of the concluding observations 22
• Family reunification of persons in need of subsidiary protection 22
• Article 11 23
• Right to an adequate standard of living 23
• Support in the face of rising energy costs 23
• Information relating to paragraph 17 of the concluding observations 23
• Germany’s role in the international financial institutions (World Bank, IMF), lending; human rights impact assessment; austerity measures 23
• Information relating to paragraphs 56 and 57 of the concluding observations 24
• Access to electricity / Supply interruptions 24
• Information relating to paragraphs 38 and 39 of the concluding observations 24
• Poverty among older women 24
• Information relating to paragraphs 54 and 55 of the concluding observations 25
• Right to housing, housing benefit, statistics 25
• Information relating to paragraph 13 of the concluding observations 25
• Agricultural exports to developing countries; Common agricultural policy of the EU 25
• Information relating to paragraphs 52 and 53 of the concluding observations 26
• Nutrition of school children 26
• Article 12 27
• Right to health 27
• Information relating to paragraphs 18 and 19 of the concluding observations 27
• Introduction of the Federal Climate Change Act and other climate action measures 27
• Coal phase-out 28
• Information relating to paragraphs 24 and 25 of the concluding observations 28
• Gender affirming surgery performed on intersex infants and children 28
• Information relating to paragraphs 58 and 59 of the concluding observations 28
• Health protection for refugees 28
• 1. Health services according to the Asylum Seekers Benefits Act / Citizen’s Benefit 28
• Information relating to paragraphs 26 and 27 of the concluding observations 29
• 2. Firewall between benefit authorities and asylum authorities 29
• International availability of medicines (e.g., vaccination fairness) 29
• Information relating to paragraphs 14 and 15 of the concluding observations 29
• Access to generic medicines; EU preferential agreement 29
• Information relating to paragraphs 48 and 49 of the concluding observations 30
• Situation of those in need of care in nursing homes 30
• Measures against loneliness 30
• Extended family care-giving periods 31
• Article 13 31
• Right to education 31
• Caching up on learning gaps 31
• Information relating to paragraph 6 of the concluding observations 32
• Digital Pact for schools / additional agreements to equip students and teachers with borrowed mobile devices and to set up the necessary administration and support structures 32
• Digital Pact for Older People 32
• Follow-up information relating to paragraphs 60 and 61(a) of the concluding observations 33
• Teacher shortage 33
• Information relating to paragraphs 60 and 61 (b) of the concluding observations 33
• Inclusive education 33
• Information relating to paragraphs 60 and 61 (c) of the concluding observations 34
• Participation in education of refugee and asylum-seeking children 34
• Article 14 35
• Compulsory primary education 35
• Legal entitlement to all-day care for children of primary school age 35
• Article 15 35
• Right to participate in cultural life, to enjoy the benefits of scientific progress and to copyright protection 35
• Gender equality in culture 35
• Cultural support for Ukraine, and culture in child and youth education 36