ECRI Report, ECRI Conclusions on the implementation of the recommendations in respect of GERMANY subject to interim follow-up, Adopted on 8 December 2016
Country
Germany
Title
Year
Type of publication
Geographical coverage
National
Area/location of interest
Type of Institution
Council of Europe body
Institution
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.