Country

Germany Germany

Title

ECRI Report, ECRI Conclusions on the implementation of the recommendations in respect of GERMANY subject to interim follow-up, Adopted on 8 December 2016

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Year

2016

Type of publication

Report

Geographical coverage

National

Area/location of interest

Not applicable - national level

Type of Institution

Monitoring body

Institution

ECRI | European Commission against Racism and Intolerance | Council of Europe

Main Thematic Focus

Racism & xenophobia Discrimination Ethnic profiling

Target Population

Muslims Migrants Ethnic minorities People with migrant background Refugees & Asylum seekers

Key findings

ECRI welcomes the fact that the police authorities have taken several measures to record more fully and follow-up more effectively “racist, homophobic and transphobic”
incidents. In addition, since 2014, attacks on refugee reception centres have been recorded separately In this context, ECRI notes with satisfaction that Germany has made major progress in another area: the German Criminal Code now provides that the courts, when determining the sentence, must consider any racist,
xenophobic or other particularly reprehensible motive as an aggravating circumstance.

ECRI finds it regrettable that the police continue to use incorrect
terminology. In addition, the German police authorities use an excessively restrictive definition of hate crimes for their statistics. Under the definition used, an act is deemed to have a
political motive only “if it targets a person on account of his or her political views, nationality, ethnic origin, race, skin colour, religion, philosophical belief, origin […] or
sexual orientation”. In point of fact, the police should adopt a much broader definition and consider a racist, homophobic or transphobic
incident to be “any incident which is perceived to be racist, homophobic or transphobic by the victim or any other person.”

Methodology (Qualitative/Quantitative and exact type used, questionnaires etc)

The working methods for the preparation of the reports involve documentary analyses, a visit to the country concerned, and then a confidential dialogue with the national authorities.

Sample details and representativeness

ECRI’s reports are analyses based on a great deal of information gathered from a wide variety of sources.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.