Submission to the Universal Periodic Review: Review of Germany

This submission to the 16th session of the Universal Periodic Review argues that several primary and secondary schools in Berlin are segregating migrant children in separate classes that provide vastly inferior education.

In 2009, Germany accepted several recommendations in the context of the UPR: “Take fully into account the relevant recommendations of CERD aimed at ensuring the integration of non-German children into the regular school system (Italy); pay special attention to ensure that children of migrant background are not denied academic opportunities based primarily on their acquired proficiency in the German language (Canada); continue to implement the national integration plan to increase access to education for children of migrant workers (Saudi Arabia).” While some steps have been taken to implement these recommendations, discrimination against migrant children continues to undermine their right to education.

The discriminatory practices stigmatize migrant students, undermine their potential to integrate and participate fully in German society, and violate Germany’s obligations to prohibit discrimination in education under the International Covenant on Economic, Social and Cultural Rights Articles 2 and 13, the International Covenant on Civil and Political Rights Articles 2 and 26, the Convention on the Elimination of All Forms of Racial Discrimination Article 5(e)(v), and the Convention on the Rights of the Child Articles 2 and 28.

The Open Society Justice Initiative promotes human rights and builds legal capacity through litigation, advocacy, research, and technical assistance. For the past three years, the Justice Initiative has worked in Germany to address discrimination in education through advocacy and litigation. Within the past three months, the Justice Initiative filed a case challenging the segregation of migrant students in a Berlin gymnasium, and is conducting research with respect to discrimination in other primary schools with a view to possible litigation and/or advocacy.