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Discriminatory Practices Against Minorities

Discriminatory Practices Against Minorities

Discriminatory practices have been very common during the monitored period, particularly in relation to immigrants. There is implicit evidence of racial profiling by the police. A brutal example of police violence occurred this spring in Hanover, where a 39-year-old police officer allegedly abused two migrants, force-feeding rotten pork to one of them. In reaction to this case, the Council of Europe’s human rights commissioner, Nils Muizneks, explicitly pointed to the existence of institutional racism in Germany.

In employment, even skilled immigrants are faced with artificial barriers. Compared to German nationals, they are given higher rates in accommodation. Rights of their children are grossly violated in education; and women find it much harder to find a job. Muslim and Turkish immigrants are subjected to these issues the most. There have been reports of discrimination against Roma in education, employment, healthcare and housing.

Reports also point to a high level of LGBT discrimination. Most difficult situation arose in schools, where they are consistently bullied by fellow students. LGBT civil partners (34 000 in 2011) are prohibited from adopting children. German Medical Association restricts access to fertility services for such couples, claiming that two homosexual parents cannot legally provide for a stable relationship.

On the other hand, there have been manifestations of radical Islamism. For example, on May 20th it was announced that about 25 schools in Hamburg have requested to strengthen measures to monitor the Islamic groups who are trying to impose their norms in schools, leading a "religious war" against non-Muslim students and teachers. Among students there were cases of religiously motivated violence. Threatened and subjected to regular beatings were not only students, but also non-Muslim teachers. Muslim students have divided into groups and started fighting with each other. In particular, Sunnis forced Alawi and Shiite to leave school. Even non-Muslim students were forced to follow Islamic norms. A large number of students are affected by jihadist propaganda; the image of a jihad warrior is idealised.

Hate crime legislation does not feature in the German Criminal Code. Rather, hate speech is criminalised under other laws, e.g. Volksverhetzung (German for “incitement of popular hatred”). German law does not allow for consideration of motivation in the legal process aimed at establishing the facts of the offence. Within the legal framework relating to sentencing, however, ‘motivational’ principles (e.g. bias or hate) can be considered. The section 46 of the German Criminal Code states that “the motives and aims of the perpetrator; the state of mind reflected in the act and the wilfulness involved in its commission” can be taken into account by the judge in determining the sentence.

The problem of 2015 was the misclassification of hate crime as regular crime. Often, police officers make these decisions to consciously avoid “dealing with politics”, as well as due to lack of training and inability to distinguish a hate crime. However, there have been cases of outright institutional racism or even hate crimes committed by law enforcement officers themselves.

One of the more blatant examples of institutional racism in police occurred in spring 2015 in Hannover, Germany, when a police officer force-fed pork to two Muslim immigrants . Racial profiling is implicit in the German Federal Police Act, which could lead to racial discrimination, particularly given the arbitrary conditions it provides, such as the “feeling for a particular situation” and the need to be guided by “physical appearance of a suspect” . High Commissioner for Human Rights, Nils Muiznieks drew attention to these provisions.

Especially depressing was the deportation of Afghan citizens seeking asylum. They were sent to the provinces of Afghanistan, which are considered "safe", i.e. are not controlled by the Taliban, but by government troops. However, it is known that the government of Afghanistan controls only 60% of the country's territory. In other regions, Islamist groups dominate, or there are active military operations. Twenty of the ninety groups recognized by the UN as terrorist and included in the sanctions lists, are based in Afghanistan. The total number of Afghans forced to leave their place of permanent residence and seek refuge, as already indicated, has reached 1.2 million. Their return became possible after the decision of the governments of Germany and the UK that Afghanistan, namely provinces controlled by the government (mainly the capital city of Kabul), is a "safe" place for the return of refugees.

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