Committee on the Rights of the Child Ninety-first session
29 August–23 September 2022
Consideration of reports of States parties
Replies of Germany to the list of issues in relation to its combined fifth and sixth reports *
[Date received: 12 May 2022]
Part one
Reply to paragraph 2 (a) of the list of issues in relation to the combined fifth and sixth periodic reports of Germany (CRC/C/DEU/Q/5-6)
1.The coronavirus pandemic has caused considerable strains, especially among children and juveniles. The risks and the impact were recognised early on, and the Federal Government took a variety of measures to mitigate the consequences as well as possible.
2.The Federal Ministry of Education and Research (BMBF) is funding two serological studies on the course of infection in children (SARS-CoV-2-Kids and CorKid). Another project (RECAST) is investigating the immune response of children and the question of why the course of the disease is often less severe among children when compared to adults who become infected with SARS-CoV-2.
3.In contrast, the social restrictions of the pandemic place a particularly heavy burden on children and juveniles. This is confirmed by studies and feedback from professionals and professional organisations from the field. The National Academy of Sciences Leopoldina also pointed this out in its 8th ad-hoc statement of 21 June 2021.
4.In its 7th statement of February 17, 2022, the Expert Council of the Federal Government also pointed out that the best interests of the child should be given priority during the pandemic. In addition to the primary SARS-CoV-2 disease burden, the statement also addresses the impairment of the mental and social well-being of children and adolescents.
5.Studies have shown that closing educational and childcare facilities has a negative impact on the well-being of young people. Many children and juveniles complained that they had difficulties learning at a distance, about a lack of contact opportunities with peers, as well as partly also of loneliness. The “COPSY study” of Hamburg Eppendorf University Medical Centre already revealed in the summer of 2020 that almost one in three children was suffering from psychological abnormalities and emotional problems. At the same time, the proportion of children who did no sport at all increased tenfold compared to the time before the pandemic.
6.The Federal Government’s position from the very beginning has been that child day care centres and schools must remain open wherever possible. With regard to child day care, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) has accompanied developments since the summer of 2020 with the Corona “KiTa” Study, which was commissioned jointly with the Federal Ministry of Health (BMG) from the German Youth Institute (DJI) and the Robert Koch Institute (RKI).
7.The exchange in the Corona “KiTa” Council founded by the BMFSFJ with representatives from the Länder and municipalities also provided important insights for specialist and political work.
8.The BMBF funded the development of an S3 guideline across the Länder which is intended to help reduce the risk of infection when schools are open, and to enable schools to operate in as safe, orderly and uninterrupted a manner as possible in the pandemic.
9.The Federal Government, the Länder and the municipalities have implemented a large number of measures since the beginning of the pandemic to make sure that fundamental rights, and the provisions of the UN Convention on the Rights of the Child, are adhered to. This also includes the action programme entitled “Catching up after COVID for children and juveniles”, which the Federal Government launched at the beginning of May 2021 with a total volume of two billion Euro.
10.The action programme aims to support children and juveniles in reducing learning lag, to intensify early childhood education programmes, and to enable additional sports, leisure and holiday activities.
11.Firstly, existing structures were used to expand the Federation’s programmes. Secondly, the Federation provided the Länder with a one-off amount of 1.29 billion Euro in the shape of proportions of turnover tax through fixed amounts as part of the vertical distribution of turnover tax in order to support them in coping with the impact of the exceptional pandemic situation in their area of responsibility.
12.The coronavirus pandemic has exacerbated existing inequalities with regard to the chances of growing up healthy. Those children and juveniles who were already subject to increased health and developmental risks before the pandemic were and continue to be exposed to particular burdens during the pandemic. In addition to children from families with low socioeconomic status, these particularly include children with disabilities and severe chronic illnesses who have complex support needs, as well as children whose parents suffer from severe mental illnesses.
13.The Federal Government has established the Interministerial Working Group (IMA) “Impacts on the Health of Children and Juveniles due to COVID”, co-chaired by the BMFSFJ and the BMG, in order to address the impact of the pandemic on children and juveniles quickly, in a focused manner and with concrete recommendations for action.
14.These particularly include lending top priority to avoiding extensive closures of educational and childcare facilities, and keeping opportunities for exercise, as well as extracurricular education and youth work, open to all children and juveniles even under pandemic conditions.
15.The Federal Government organised a large number of virtual dialogue and participation events with juveniles as part of the Youth Strategy in order to involve young people more intensively in the political debate. In addition, the BMFSFJ significantly expanded telephone and online counselling services for children and juveniles such as the “Nummer gegen Kummer”, and increased their visibility.
16.The Federation is also making an additional one billion Euro available in the shape of the fifth “Childcare Funding” investment programme – based on the economic stimulus package for dealing with the consequences of the coronavirus pandemic in 2020 and 2021. This will make it possible to create up to 90,000 new places in child day care centres and in-home child day care, and to fund renovation measures and investments to improve the hygiene situation.
17.Furthermore, the BMG set up the portal entitled “Staying mentally stable” of the Federal Centre for Health Education (BZgA) in April 2020, with the objective of raising awareness of the topic of “mental stress” and building up coping skills.
18.The Federal Government is also engaged in the international context to protect children’s rights worldwide in connection with the coronavirus pandemic, and to cushion the socio-economic impact. The Federal Government provided a total of roughly 4.7 billion Euro in 2020 and 2021 for the global mitigation of the effects of the coronavirus pandemic through the Emergency COVID-19 Support Programme of the Federal Ministry for Economic Cooperation and Development (BMZ).
Reply to paragraph 2 (b) of the list of issues
19.Children are holders of all fundamental rights, but at the same time they are particularly vulnerable. Explicitly enshrining children’s rights in the German Basic Law (Grundgesetz) was stipulated as a project in the Coalition Agreement for the 19th legislative period. However, the majority required to amend the Constitution did not materialise in the parliamentary procedure. As set out in the Coalition Agreement, the new Federal Government plans to make a fresh attempt to anchor children’s rights in the Basic Law in the 20th legislative period, and intends to take as an orientation the stipulations of the UN Convention on the Rights of the Child. At the same time, monitoring for the implementation of the Convention is to be expanded.
Reply to paragraph 2 (c) of the list of issues
20.The realisation and reinforcement of children’s rights is the responsibility of all political stakeholders in Germany’s federal system – from the local level through Land level, to Federal level. A comprehensive strategy on children’s rights can certainly also be drafted and adopted in local territorial entities. The BMFSFJ is of the opinion that the diversity of approaches to action and the existence of sectoral strategies have fundamentally proven their worth, and have shown themselves to be effective.
21.The Federal Government is promoting a wide variety of measures and projects to ensure the awareness and implementation of children’s rights. One example is the project entitled “Child-friendly municipalities”. The Federation offers expert support to municipalities within this project so that they can raise awareness of children’s rights, and as a result promote children’s participation.
22.Schools are a particularly relevant field of action for reinforcing children’s rights. This is why the Federal Government is involved in promoting the nationwide “Kinderrechteschulen” (Schools on Children’s Rights) project, which has been run by the Children’s Charity of Germany (DKHW) since 2013.
Reply to paragraph 2 (d) of the list of issues
23.The protection and reinforcement of children’s rights is a cross-sectional task that touches on all fields of action and all levels. The Federal Government sees no need for a permanent national body at Federal level to coordinate policy on children’s rights.
24.Cross-sectional issues such as children’s rights are coordinated in existing, appropriate structures such as the Conference of Youth and Family Ministers of the Federal Länder (JFMK), the Association of Supreme Land Youth and Family Authorities (AGJF), the Federal Association of Land Youth Welfare Offices, and various Federation-Länder working parties. The national municipal organisations Association of German Cities and Towns, German Association of Towns and Municipalities and German Association of Rural Districts are also part of this wide-ranging exchange, which has proven its worth and is being continuously developed.
25.The Federal Government also coordinates overarching strategies for individual topics such as the protection of children and young people from harmful media. It has recognised in this regard that there is a need to coordinate an overall strategy, and has initiated the Second Act Amending the Youth Protection Act (Zweites Gesetz zur Änderung des Jugendschutzgesetzes – 2. JuSchG-ÄndG), which came into force on 1 May 2021. The new Federal Agency for Child and Youth Protection in the Media (BzKJ) is responsible for monitoring providers’ precautionary measures to protect children and juveniles in the digital domain.
Reply to paragraph 2 (e) of the list of issues
26.The statistical data collected in Germany, in particular the official child and youth welfare statistics, provide information on the implementation status of the UN Convention on the Rights of the Child. The Children and Juvenile Support Act (Gesetz zur Stärkung von Kindern und Jugendlichen– KJSG), the essential parts of which entered into force on 10 June 2021, further developed the instruments of official child and youth welfare statistics for the empirical long-term observation of child and youth welfare, and in particular lent them concrete shape with regard to data on children and juveniles.
Reply to paragraph 2 (f) of the list of issues
27.The Federal Government established the independent Monitoring Mechanism for the UN Convention on the Rights of the Child at the German Institute for Human Rights (DIMR) in 2015 at the recommendation of the UN Committee on the Rights of the Child. Its core task is to independently observe and monitor the implementation of the Convention in Germany. In addition, the Monitoring Mechanism is developing examples of child rights indicators.
28.The Federal Government has already explained in the current State Party Report why it does not consider it to be expedient to extend tasks to establish a child-friendly complaints mechanism.
Contact points for individual complaints by children or their representatives should first and foremost be low-threshold, i.e. easily accessible, especially for children, and should above all be located in the children’s immediate living environment.
29.The new Act to Strengthen Children and Juveniles (Kinder- und Jugendstärkungsgesetz) makes the establishment of independent ombuds offices in the Länder mandatory: The ombuds offices serve as contact points for young people and their families to mediate on and resolve conflicts within child and youth welfare. In addition, the new Act gives children and juveniles an unrestricted entitlement to counselling vis-à-vis the youth welfare office. Furthermore, there must be a mandatory external contact person for children and juveniles in institutions, as well as for foster children, in case of complaints.
Reply to paragraph 2 (g) of the list of issues
30.With the Act to Combat Sexualised Violence against Children (Gesetz zur Bekämpfung sexualisierter Gewalt gegen Kinder), promulgated on 22 June 2021, the legislature has bindingly regulated concrete qualification requirements for family judges, as well as for guardians ad litem for minors (Verfahrensbeistände) in proceedings under the law on parent-child relations. In addition to specific legal knowledge, family judges are to also have basic knowledge of psychology and child-friendly communication in future. Concrete professional and personal qualification requirements are now also regulated by law for guardians ad litem for minors. They are subject to training obligations, and are to guarantee that they represent the interests of the child conscientiously, impartially and independently.
Reply to paragraph 3 (a) of the list of issues
31.The Federal Cabinet passed a draft Bill on Corporate Due Diligence in Supply Chains in March 2021, which was adopted by the Bundestag and the Bundesrat in June 2021. It obliges businesses to implement human rights and specific environmental due diligence obligations along their supply chains. In particular, it is about conducting a risk analysis, taking preventive and remedial measures, as well as establishing a complaints procedure and reporting on their efforts.
32.The Act explicitly mentions as human rights risks potential violations of International Labour Organization (ILO) Convention 138 with regard to the minimum age for admission to employment, and ILO Convention 182 concerning the prohibition and immediate action for elimination of the worst forms of child labour.
33.The Act applies from 2023 onwards to businesses based in Germany and to branches of companies not based in Germany with 3,000 employees or more (roughly 1,000 companies). Businesses/branches with 1,000 or more employees (about 4,800) will be covered from 2024 onwards.
34.The Federal Office for Economic Affairs and Export Control (BAFA), as the supervisory authority, can impose fines of up to 8 million Euro, or 2 per cent of worldwide annual turnover, depending on the violation. In addition, there is the threat of temporary exclusion from the award of public contracts in particularly serious cases.
Reply to paragraph 3 (b) of the list of issues
35.The Federal Government passed the Draft Bill of an Act to Strengthen Integrity in Business on 16 June 2020, and forwarded it to the German Bundestag via the Bundesrat. However, the bill was not debated. With the draft, the Federal Government pursued the goal of placing the sanctioning of companies on an independent legal basis and of enabling appropriate punishment of corporate criminal offences through an improved set of tools.
Reply to paragraph 3 (c) of the list of issues
36.The Federal Government conducted the “NAP monitoring process” as a scientific study from 2018 to 2020. The monitoring process provided empirical findings on the extent to which companies based in Germany with more than 500 employees are meeting their due diligence obligations. The final report was published in October 2020. The Federal Government has commissioned the preparation of a National Baseline Assessment to evaluate the implementation measures of the NAP.
Reply to paragraph 4 (a) of the list of issues
37.Children and juveniles also suffer from complex forms of discrimination: This is frequently not limited to one single dimension such as gender, origin, sexuality, social status or disability.
38.The Federal Government particularly supports projects in shaping diversity via the Federal programme “Live Democracy!” which in take into account multiple discrimination and the intersectionality and interconnectedness of several phenomena of group-focused enmity.
39.In addition, a number of initiatives and support programmes of the BMFSFJ address in particular overcoming gender stereotypes that may lead to discrimination and exclusion. Examples of this are the initiative “klischeefrei.de”, the “Mein Testgelände.de” (“my testing ground”) online portal, as well as projects such as “School against sexism” by the project manager “Pinkstinks”.
40.The Federal Government’s Rainbow Portal has been offering comprehensive information on large numbers of LGBTI topics to interested parties since May 2019. Children and juveniles, parents and professionals can also find information and materials there.
41.The Federal Anti-Discrimination Agency (ADS) conducted a campaign in 2018 under the motto “#DarüberReden” (TalkingAboutIt) in order to make everyday experiences of discrimination visible and to enter into a dialogue with young people about them.
Reply to paragraph 4 (b) of the list of issues
42.The new Act to Strengthen Children and Juveniles (KJSG) sets the course for bringing together the responsibilities for children and juveniles with and without disabilities under the umbrella of child and youth welfare. This is to make it easier for children and juveniles with disabilities, and their parents, to realise their rights and receive the benefits to which they are entitled.
43.Children with and without disabilities are to be cared for together in child day care centres as a matter of principle in future and supported independently in the realisation of their rights.
44.When applying for benefits due to an existing or threatened disability, young people or persons having custody will be entitled from 2024 onwards to be accompanied by staff guiding them through the entire procedure and when they come into contact with public authorities. It is planned for child and youth welfare to become responsible for all children and juveniles with and without disabilities in 2028 (“inclusive solution”).
45.The current National Action Plan against Racism deliberately formulates measures to address homophobia and transphobia not in isolation, but as part of preventing and combating other manifestations of group-related misanthropy. This opens up an intersectional perspective that takes into account the diversity of LGBTI people, and also addresses multiple discriminations.
46.The Standing Conference of the Ministers of Education and Cultural Affairs (KMK) adopted “Guidelines for Gender-Sensitive School Education” in 2016, together with the Standing Conference of Ministers for Gender Equality. The Guidelines list among other things fields of action with regard to the elimination of gender stereotypes from curricula and education plans.
47.The Federal Länder are also active in this field, including in the programme “School against Racism – School with Courage”, which specifically also addresses this issue. More than 3,000 schools nationwide are taking part in the programme.
48.The Federal Government also adopted an LGBTI Inclusion Concept for foreign policy and development cooperation in March 2021. The Concept provides for strengthening the rights of LGBTI minors as a particularly vulnerable group, among other things by reducing legal and structural barriers in education systems.
Reply to paragraph 4 (c) of the list of issues
49.In the Federal Programme “Live Democracy!” projects develop solutions to enable all people in Germany to live a peaceful life free from discrimination, regardless of their origin, religion or sexual orientation. Corresponding projects deal with selected forms of group-focused enmity as well as multiple discrimination, and support the acknowledgement and appreciation of diversity.
50.The KMK furthermore maintains a close working relationship with the Central Council of German Sinti and Roma, and this also includes the issue of discrimination.
Reply to paragraph 5 (a) of the list of issues
51.The legislature has strengthened in the law the legal position of children in family court proceedings. The Act to Combat Sexualised Violence against Children clarified that children must be heard regularly in parent-and-child law proceedings, regardless of their age. The court must furthermore form a personal impression of the child.
52.An acceleration requirement was expressly provided for in the Code of Criminal Procedure (Strafprozessordnung) in criminal proceedings with minor victim-witnesses. This requirement is intended to help prevent minors from being exposed to the stresses of criminal proceedings for longer than is absolutely necessary.
53.In addition, the Federal Government supports implementation in the legislative, administrative and judicial domains through various measures and projects. One example of this is the topic of “child-friendly justice”. The DKHW is also involved in a project funded by the BMFSFJ to support professional practice, among other things by providing guidance for action on judicial procedures.
54.The Federal Ministry of Justice and Consumer Protection (BMJ) initiated a pilot blended-learning training project on the topic of “developmentally-appropriate, complete and suggestion-free child hearings”, supported by the Land Ministries of Justice. The training programme is primarily aimed at family judges. It serves to train and develop psychological skills and hearing techniques that are essential for a relevant, developmentally-appropriate, complete and suggestion-free child hearing.
55.Further, the National Council against Sexual Violence against Children and Juveniles aims to improve the conditions for a child-friendly justice through various measures. In this endeavour: a “Practical guide to the application of child-friendly criteria in criminal proceedings” has been published in 2021.
56.The Competence Centre Youth-Check – a project funded by the BMFSFJ and run by the German Research Institute for Public Administration – examines the effects of draft legislation on juveniles in legislative projects of the Federal Government.
Reply to paragraph 5 (b) of the list of issues
57.The BMFSFJ published the “Family Research Monitor – raising children alone or separately – Circumstances, transitions, challenges” in 2021. This publication presents new figures, facts and study results on the circumstances of lone and separated parents in Germany.
58.In addition, the Scientific Advisory Board for Family Issues presented an expert report in 2021 on the topic of “Raising children separately, but together”. The report provides a comprehensive overview of separated families in Germany, of the legal and financial consequences, but also of the psychological stress which separation involves.
Reply to paragraph 5 (c) of the list of issues
59.The Federal Government promotes the operation of the free nationwide helpline “Pregnant women in distress – anonymous and safe”, as well as corresponding online counselling services. It also supports the continuous implementation of the publicity campaign to highlight the assistance available to pregnant women and confidential birth. 900 confidential births have been registered since the Act on the Expansion of Assistance for Pregnant Women and Confidential Birth Arrangements (Gesetz zum Ausbau der Hilfen für Schwangere und zur Regelung der vertraulichen Geburt) came into force in May 2014. A statistically-relevant decrease in anonymous child abandonment has since been observed (33.3 cases per year).
Reply to paragraph 6 (a) of the list of issues
60.The Trau Dich! initiative aimes at preventing sexualised violence against children by training of teachers and pedagogical staff and promoting the network between schools and the regional assistance system. In addition, parents are provided with relevant knowledge, and children are empowered in terms of their rights, especially their right to protection. The BMFSFJ has been implementing the initiative in cooperation with the Federal Centre for Health Education (BZgA) since 2012.
61.The BMFSFJ has been funding the project “Measures for the prevention of and intervention in sexualised violence among juveniles” since September 2020. Innocence in Danger e.V. developed concepts for prevention workshops for juveniles, parents and professionals.
62.The BMBF is funding the “ViContact” project, amongst other things: The project aims to prepare future teachers to conduct initial interviews with pupils who may have been affected by sexual abuse by means of virtual reality training. The “SeBiLe” project strengthens the action and reflection skills of educational staff in sexual education.
63.The Länder also attach great importance to the topic of violence prevention. The KMK has appointed a rapporteur on the topic of violence at school. Moreover, violence prevention is also taking up more space in teacher training and in-service training.
64.The Independent Commissioner for Child Sexual Abuse (UBSKM) has been implementing the “Schools against Sexual Violence” initiative in cooperation with the 16 federal states since 2016. The common goal is the implementation of protection concepts at all around 30,000 general schools. In addition, in April 2021, the Independent Commission for the Study of Child Sexual Abuse addressed an appeal to those affected who are now adults in the context of school in order to generate further knowledge for effective violence prevention.
Reply to paragraph 6 (b) of the list of issues
65.Education and awareness-raising are key components in combating sexual exploitation and abuse. The UBSKM and the BMFSFJ are currently designing a campaign raising awareness for sexualised violence against children. The campaign is going to be launched in 2022.
66.The BMFSFJ published the Federal Cooperation Concept entitled “Protection and Assistance in Trafficking in and Exploitation of Children” in 2018, together with the Association for the Protection of Children against Sexual Exploitation (ECPAT) and KOK e.V. The concept provides recommendations for the cooperation between institutions and professionals to strengthen the protection of children from human trafficking.
Reply to paragraph 6 (c) of the list of issues
67.Cyberbullying and online grooming are among the “interaction risks” to which children and juveniles are increasingly exposed when they use digital media. In order to effectively counter these dangers, the legal protection of children and young people in the media was modernised by the Second Act Amending the Youth Protection Act (2. JuSchG-ÄndG), mentioned above. Providers are now obliged to take precautionary measures to ensure that children and juveniles are protected from cyberbullying and online grooming attacks.
68.The National Council against Sexual Violence against Children and Juveniles also supports better protection of children and juveniles from sexual abuse and exploitation in the digital sphere. The Council seeks to support the new Federal Agency for Child and Youth Protection in the Media in developing guidelines on appropriate “digital protection concepts”.
Reply to paragraph 7 (a) of the list of issues
69.The Federal Ministries of Justice (BMJ), of the Interior and Community (BMI), and for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), were tasked with evaluating the effects of the amendments on application practice within three years of the Act to Combat Child Marriages (Gesetz zur Bekämpfung von Kinderehen) coming into force in July 2017.
70.In accordance with Article 10 para. 3 of the Act, the BMFSFJ was tasked with examining the impact of the amendments under Art. 9 on application practice. Feedback received in the course of the evaluation indicates that the goal of creating clarity for the youth welfare offices with regard to their options for action has essentially been achieved. In addition, the practice of taking underage married refugees into temporary custody immediately after they crossed the border was given a largely positive evaluation.
71.In accordance with Art. 10 para. 1 of the Act, the BMJ was to examine the effects of the amendments under Art. 1 Nos. 2, 5 and 6, Art. 2 No. 1, and Art. 7 Nos. 2 to 4, on application practice. The evaluation showed that the ban on underage marriage is an effective means of combating child marriages. There were no cases of marriages with minors during the evaluation period, with the exception of religious or “unofficial” marriages, which are largely practised in secret. It nevertheless considered that there was room for improvement.
Reply to paragraph 7 (b) of the list of issues
72.The Federal Government published the “Document granting protection against Female Genital Mutilation” in February 2021. This is a document in passport format that provides information about the punishability of female genital mutilation – even when carried out abroad. It is intended to help prevent female genital mutilation in the countries of origin. The BMFSFJ funded a project from September to December 2021 in which social and healthcare professionals were trained about the Document.
73.The Federal Government is funding the SAIDA International project entitled “Prevention and assistance in the case of genital mutilation in Central Germany” as part of the Federal funding programme entitled “Together against violence against women”. The aim is to set up a mobile counselling team that visits facilities for refugees and migrants in Thuringia and Saxony-Anhalt and offers on-site counselling to those affected by genital mutilation, people at risk and professionals.
Reply to paragraph 7 (c) of the list of issues
74.(The German Bundestag passed the Act on the Protection of Children with Variants of Sex Development (Gesetz zum Schutz von Kindern mit Varianten der Geschlechtsentwicklung) on 25 March 2021. This is intended to protect children’s right to gender self-determination. At the same time, they are to be protected from unnecessary treatments on their sex characteristics. The Act contains a ban on targeted gender reassignment treatments for children with variations in sex characteristics. Parents may only consent to an operation on the internal or external sex characteristics of their child which could result in a reassignment of the child’s physical appearance to that of the male or female sex if this operation cannot be postponed until the child subsequently takes a self-determined decision. Consent to such an intervention requires the approval of the family court as a matter of principle.
Reply to paragraph 8 (a) of the list of issues
75.The need for reform is currently being examined, taking into account the results of the working party on “Custody and contact rights, in particular in the case of joint care after separation and divorce”, which was deployed in 2018 to 2019. The examination also includes the questions of whether terminological changes are required, and whether and to what extent the concept of custody is to be replaced by parental responsibility.
Reply to paragraph 8 (b) of the list of issues
76.Persons having custody are entitled to assistance for upbringing in accordance with Book VIII of the Social Code (SGB VIII) if upbringing in accordance with the best interests of the child is not guaranteed. The type of assistance to be granted depends on the educational needs in the individual case, and may therefore also include placing the child or juvenile in an educational assistance facility or in a foster home.
77.The new Act to Strengthen Children and Juveniles reinforces the rights of the birth parents. Regardless of their custody rights, they now have a right to receive counselling and support, as well as to the promotion of their relationship with their child if the child is in alternative care. In addition, the new Act fundamentally enhances preventive measures, e.g. families receive improved low-threshold access to assistance in emergency situations.
Reply to paragraph 9 (a) of the list of issues
78.Counteracting discrimination against children with disabilities is a declared goal of the Federal Government and of all the Federal Länder. Land legislation regulates inclusion within the 16 education systems in Germany.
79.The expansion of the inclusive school system is being further developed with different legal regulations and implementation strategies by means of the action plans for the implementation of the UN Convention on the Rights of Persons with Disabilities (UN CRPD) that have been adopted in all the Länder. Measures include designing specialist inclusive schools or inclusive school alliances, enhancing mobile services, developing new framework curricula, and establishing new Chairs for special needs education.
80.The percentage of pupils requiring special pedagogical support has increased from 6.2 to 7.6 per cent since the 2010/11 school year. The special needs school attendance rate fell from 4.8 to 4.2 per cent in the same period.
81.The BMBF supports the Länder, which are responsible for education, in implementing the UN CRPD by for example establishing a focus on “inclusive education” as part of the Framework Programme for Empirical Educational Research, and implementing corresponding funding guidelines. The BMBF is furthermore supporting the longitudinal study entitled “Inclusion in Lower Secondary Education in Germany” (INSIDE).
Reply to paragraph 9 (b) of the list of issues
82.The benefits of integration assistance have been newly regulated with the Federal Participation Act (Bundesteilhabegesetz). In particular, the benefits for participation in education have also been restructured, supplemented and fleshed out in accordance with Article 24 UN CRPD. This means that assistance for school education can be provided, especially as part of compulsory education and attendance at secondary schools.
83.The Federal Länder are continuing to develop the inclusive school system on the premise that inclusion is a binding task for all types of schools. The schools and the pupils are supported in this process, e.g. by the Mobile Special Education Services, and the special needs schools are used as centres of excellence and counselling.
Reply to paragraph 9 (c) of the list of issues
84.The National Council against Sexual Violence against Children and Juveniles has addressed the particular challenges of protecting children and juveniles with impairments in institutions and organisations, and will continue to intensify this work. The Independent Commission for the Investigation of Sexual Child Abuse is also dedicated to this topic.
85.Concrete measures are also being taken by the Länder: A Land-wide network of out-patient counselling centres is being institutionally funded in Baden-Württemberg which also offer assistance and support to girls with disabilities. The "Coordination and Counseling Center for Women with Disabilities" (KOBRA) is being funded in Rhineland-Palatinate for a similar purpose.
Reply to paragraph 10 (a) of the list of issues
86.German nationals, as well as foreigners legally residing in Germany, have access to statutory or private health insurance as a rule. In the case of children and juveniles, this is usually derived from the health insurance cover of their parents. In the case of need of assistance, social law provides that the competent authorities may take over the contributions. Adequate acute healthcare is also guaranteed in case of illness for asylum-seekers, persons who are enforceably obliged to leave the country, and persons whose deportation has been suspended (Geduldete), through the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz– AsylbLG). When it comes to healthcare, the Asylum-Seekers Benefits Act provides inter alia, as part of drawing basic benefits, that the necessary medical and dental treatment, as well as other services required for recovery, improvement or alleviation of illnesses or of the consequences of illness, are to be granted for the treatment of acute illnesses and pain symptoms. Protective vaccinations and medically-required preventive examinations are also provided for the prevention and early detection of illnesses.
Reply to paragraph 10 (b) of the list of issues
87.Due to the fact that healthcare is not organised and financed by the State, there is no systematic monitoring of the implementation of guidelines in Germany. Guidelines function as instruments for orientation in medical or psychotherapeutic treatment, but are not binding. Doctors and psychotherapists may also deviate from guidelines in justified cases, such as those for the diagnosis and treatment of ADHD/ADS, somatoform disorders, eating disorders and other types of self-destructive behaviour.
88.A large number of measures in Germany help to disseminate evidence-based knowledge, especially on ADHD: The “Central ADHD Network” was established at the University Hospital of Cologne with the support of the BMG, which together with 17 professional associations has developed new care benchmarks that summarise the scientifically largely proven knowledge on the causes and treatment options.
Reply to paragraph 10 (c) of the list of issues
89.The BMBF funds research into the treatment of affected children and juveniles at various levels. Research associations on child and juvenile health are working on new forms of treatment for eating disorders (Pro-HEAD) and self-harming behaviour (STAR) in the funding initiative “Healthy for life”. Projects within the funding of clinical studies that are highly-relevant to patient care address among other things psychosocial interventions for self-harming behaviour in youth, or out-patient follow-up treatment via video conferencing for anorexia nervosa.
90.Providers in particular are obliged to prevent children and juveniles from being confronted with such risks in order to protect them from self-harming content on the Internet. The new Youth Protection Act (Jugendschutzgesetz) has therefore obliged providers since 1 May 2021 to take suitable precautionary measures in their services, e.g. also solutions for safe, age-appropriate default settings, or also references to advice, assistance and complaint systems that can be found quickly.
91.The BMG has furthermore published a call for funding focusing on the “Inclusion of digital settings in integrated care for eating disorders”. The aim is to identify factors that lead to the successful implementation of digital offers to treat eating disorders, as well as to evaluate existing digital formats of professional counselling centres.
Reply to paragraph 10 (d) of the list of issues
92.The Federal Government takes the danger to children and juveniles emanating from the consumption of alcoholic beverages and tobacco products, as well as from drug use in general, very seriously. The Youth Protection Act provides clear prohibitions on the supply of alcohol and tobacco products to children and juveniles by restaurants and sales outlets, among others, and on the consumption of such products.
93.The Federal Government also believes that effective preventive measures are needed in order to prevent the consumption of alcoholic beverages and tobacco products among minors in general. It takes this into account through measures such as the campaign entitled “We’re sticking to youth protection!”, which the BMFSFJ is carrying out together with associations of youth protection, retailers, the hospitality industry, and petrol stations.
94.The prevention of drug, alcohol and tobacco use among children and juveniles is also a central focus of the work of the Federal Centre for Health Education (BZgA). The activities of the “Addiction Prevention” division of the BZgA also target socio-economically disadvantaged families. There is furthermore a special focus on children and juveniles who grow up with mentally ill and addicted parents.
95.Another important building block in prevention work nationwide is constituted by the preventive check-ups for children and juveniles: For example, paediatricians also talk about issues of drug use and smoking during the “J1” check-up for young people (ages 12–14).
Reply to paragraph 10 (e) of the list of issues
96.The phenomenon of excessive media use is not only of paramount importance during the coronavirus pandemic. The provisions contained in the new Youth Protection Act also address this interaction risk. Mechanisms that promote excessive use have now also been taken into account in the age rating of games since it came into force.
97.Projects to raise awareness as well as to support young people, parents and professionals in case of excessive media use are promoted as part of the initiative entitled “Growing up healthily with the media”. Furthermore, projects were launched from the Innovation Fund to improve the prevention and treatment of media-related disorders.
98.The Federal Centre for Health Education (BZgA) also carries out targeted prevention and education work in “Promotion of media skills in childhood and adolescence”, and in “Prevention of excessive media use”. The Länder are also active in this field with numerous measures of their own.
Reply to paragraph 11 (a) of the list of issues
99.With its Reports on Poverty and Wealth, the Federal Government regularly provides empirically-supported information on the social situation in Germany, and deals in detail with material resources and their distribution. Children and families are explicitly taken into account in this process. The Federal Government launched a package of measures against child poverty in the 19th legislative period. A core element of the corresponding “Strong Families Act” (Starke- Familien - Gesetz) was the reorganisation of the supplementary child allowance, which enables more lone parents and low-income families to receive support. The number of children reached with the supplementary child allowance has risen sharply since the Strong Families Act came into force (at the beginning of July 2019, approximately 250,000 children at that time), and in the context of the coronavirus pandemic. Approximately 720,000 children were reached with the supplementary child allowance in September 2021.
Reply to paragraph 11 (b) of the list of issues
100.Public authorities in Germany are obliged under the law as it stands to provide information on specific circumstances such as if a foreigner is residing in Germany without the requisite residence title or suspension of deportation. This obligation to transfer information does not however apply to schools and other educational and care establishments (section 87 of the Residence Act [Aufenthaltsgesetz – AufenthG]), and not if there are special statutory regulations on the use of such information (section 88 of the Residence Act).
Reply to paragraph 12 (a) of the list of issues
101.The recruitment of teachers is a task that is permanently incumbent on the Länder, the latter being responsible for school education. The KMK therefore adopted “Common Guidelines of the Länder for Meeting the Demand for Teachers” as early as 2009. The Länder agreed in these Guidelines to secure the capacities for teacher training places required to meet the forecast demand – in particular with regard to the problem of access restrictions in teaching professions and subjects that are needed. The KMK furthermore adopted in December 2013 the resolution entitled “Special measures to attract teachers to ensure the provision of instruction” concerning career transitions to the teaching profession.
Reply to paragraph 12 (b) of the list of issues
102.The Federal Cabinet resolved on 5 May 2021 on the “Catching up after Corona action programme for children and juveniles” (see answers to 2a and 16c) so that children and juveniles can grow up in a more carefree manner after the pandemic and catch up on learning lags that have come about. Two billion Euro have been earmarked for this purpose for 2021 and 2022. The action programme consists of a catch-up programme to reduce pandemic-related learning deficits (1 billion Euro), and a comprehensive package of measures to promote pre-school education, for leisure, holiday and sports activities, as well as to accompany children and juveniles in everyday life and at school (1 billion Euro).
103.The action programme targets all children and juveniles, but some measures are specifically tailored to the needs of disadvantaged children and their families.
104.In this vein, the Federal Programme entitled “Language child day care centres: Because language is the key to the world” will also be receiving an additional 100 million Euro in funding. The available funds will be used to support approximately 1,000 additional professionals in language-focused child day care centres. This helps children with special language needs, and reinforces the child day care centres in the programme, most of which are located in socially-deprived areas.
105.The Federation is providing a total of 6.5 billion Euro for the development of educational infrastructures with the “Digital Covenant for Schools 2019-2024”. The Länder are adding 10 percent to this amount. The Digital Covenant is intended to support the Länder when it comes to expanding digitalisation at schools in conceptual and technical terms.
106.The Federal Government has made an additional 500 million Euro available to schools on each of three occasions in the context of the coronavirus pandemic to purchase laptops that can be loaned out, and to expand information technology in schools.
Reply to paragraph 12 (c) of the list of issues
107.Education in Germany is a matter for the Federal Länder. Each Federal Land therefore has its own school statutes, and determines overarching educational goals. This means that the curricula are drawn up in the respective Federal Länder, and Article 30 of the Basic Law also prohibits the Federation from influencing them.
108.There are numerous initiatives and teaching modules in the Länder to educate children at all school levels about their rights. Cooperation with extracurricular partners also plays an important role.
109.The DKHW is supporting the sustainable anchoring and implementation of children’s rights and participation in the primary sector, with funds from the BMFSFJ, through the pilot project entitled “Schools on Children’s Rights”. Teams in selected primary schools have been provided with the relevant professional skills, have received guidance in a demand- and practice-orientated manner, and have networked with one another as part of the project since 2013.
110.The 16th Children and Youth Report, which was compiled by an independent commission of experts on behalf of the Federal Government, attests to deficits in schools in all the areas mentioned, and makes concrete recommendations with regard to the scope and content of the instruction, the qualification of teachers, and effective co-determination on the part of pupils.
111.The Federal Government supports numerous projects within the federal programme entitled “Living Democracy!” aiming to implement democracy promotion, children’s rights education, inclusion, and participation in the everyday lives of children and juveniles in and out of school.
Reply to paragraph 12 (d) of the list of issues
112.No pupil should feel left alone with psychological and physical violence. The Länder have a clearly-differentiated counselling and support structure for affected pupils. Specially-trained school psychologists assist the schools, especially when it comes to dealing with stressful bullying incidents. The schools however also receive pedagogical support to implement their own prevention concepts.
113.In-service training offers for teachers range from prevention of bullying, online bullying, sexual violence, non-violent communication, social learning, or dealing with disruptions in class, to the educational mandate of schools and instruction.
Reply to paragraph 12 (e) of the list of issues
114.A legal entitlement to full-time childcare for primary school children will be introduced in Germany from the school year 2026/27 onwards. This will initially apply to the first grade level, and will be extended by one grade level each year. The entitlement will apply to all children in grades 1 to 4 from 1 August 2029 onwards, when the expansion phase will have been completed.
115.The corresponding Act was promulgated in October 2021. This will also support the necessary infrastructure expansion in the Länder and municipalities. A total of up to 3.5 billion Euro will be made available from the federal budget for investments in infrastructure development.
116.High-quality care and education services in the afternoon support primary school children in terms of their social, emotional and physical development, and enable individual support to be provided beyond lesson time. This can make educational success less dependent on social background, and thus enhance equality of opportunity. Beyond school education, full-time care leaves time for additional activities, for example for musical or sporting activities with friends.
Reply to paragraph 13 (a) of the list of issues
117.The Federal Government does not have any confirmed findings on the concrete application of the principle of the benefit of the doubt as it applies under German law. The principle is that if there are still doubts after a medical examination has taken place, it must be assumed in the child’s best interests that a child is a minor.
118.The official procedure for the age assessment of unaccompanied minor refugees is clearly regulated in accordance with section 42f subsections (1) and (2) of Book VIII of the Social Code. This is a three-stage procedure that is carried out by the competent youth welfare offices: Accordingly, minority must first be determined on the basis of identity documents. If these are not available, a qualified inspection is to be carried out by professionally-qualified personnel. A medical examination is to be arranged in case of further doubts, or at the request of the person concerned, in order to assess the person’s age.
119.The evaluation report on the Act on the Improvement of the Accommodation, Care and Assistance for Foreign Children and Juveniles (Gesetz zur Verbesserung der Unterbringung , Versorgung und Betreuung ausländischer Kinder und Jugendlicher) has revealed in 2021 that the age assessment carried out when minors are temporarily taken into custody is handled differently in the various Länder and municipalities. The age assessment procedure will therefore continue to be monitored by the legislature with regard to the partially inconsistent application of the methods and their effects in order to examine any need for future action.
Reply to paragraph 13 (b) of the list of issues
120.Detention pending deportation is ordered as a last resort. Detention pending deportation is impermissible if the purpose of detention can be achieved by less severe means. Questions of the best interests of the child and of the protection of the family, in particular, must be comprehensively considered in advance when examining the proportionality of imposing a detention application on minors. Detention pending deportation is regulated in Germany in section 62 et seqq. of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Residence Act; Gesetz über den Aufenthalt , die Erwerbstätigkeit und die Integration von Ausländerinnen und Ausländern im Bundesgebiet - AufenthG), and the judicial procedure in cases involving deprivation of liberty in sections 415 et seqq. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit– FamFG). In accordance with section 62 subsection (1), third sentence, of the Residence Act, minors and families with minors who are subject to an enforceable obligation to leave the country may only be taken into detention pending deportation in exceptional cases, and only for as long as is reasonable taking into account the well-being of the child.
121.In practice, some of the Länder as a matter of principle do not make any use of the possibility provided by Federal law to place minors in detention pending deportation in special exceptional cases.
Reply to paragraph 14 (a) of the list of issues
122.The National Council against Sexual Violence against Children and Juveniles is an alliance of members representing the Federation, the Länder, the municipalities, professional practitioners, those affected and academics under the chairmanship of the BMFSFJ, and of the Independent Commissioner for Child Sexual Abuse Issues (UBSKM). The Council has developed goals and implementation steps, and published them in a joint agreement on 29 June 2021.
123.The planned establishment of an independent reporting mechanism is expected to significantly improve data availability on human trafficking (including children). To this end, the BMFSFJ has been funding a project at the German Institute for Human Rights (DIMR) with the aim to develop a concept for independent reporting mechanisms on gender-specific violence and human trafficking since February 2020.
Reply to paragraph 14 (b) of the list of issues
124.The Federal Cooperation Concept entitled “Protection and assistance in trafficking in and exploitation of children” aims to facilitate cooperation between stakeholders involved in identifying and protecting child victims of human trafficking, e.g. youth welfare offices, the police or specialised counselling centres. The Federal Cooperation Concept has now been extended to eight Federal Länder in the shape of workshops.
125.A pilot study commissioned by the non-governmental organisation “Every Child Protected Against Trafficking” (ECPAT) is investigating how the structures within the youth welfare offices can be improved with regard to this issue. The question in particular is whether trained contact persons at the Land Youth Welfare Offices constitute a useful resource for identifying affected children and juveniles.
126.The Federal Criminal Police Office (BKA) is stepping up police identification measures for and with the Federal Länder by providing special training to caseworkers.
Reply to paragraph 14 (c) of the list of issues
127.The National Council recommends that the Federal Cooperation Concept “Protection and Assistance in Trafficking in and Exploitation of Children” should also be structurally established in regional cooperation mechanisms.
128.Training is at the core of further measures for better identification. For example, the non-governmental organisation ECPAT Deutschland, which is funded by the BMFSFJ, passes on its knowledge in training courses, especially to experts from the investigating authorities, child and youth welfare, and the special commissioners. The Federal Criminal Police Office (BKA) also conducts regular training for the police in the Länder with experts from specialised NGOs at which awareness is also raised with regard to the rights of victims of human trafficking and exploitation.
Reply to paragraph 15 (a) of the list of issues
129.The Federal Government is convinced that the current recruitment of personnel in the Bundeswehr is fully in line with Germany’s obligations under international law, including the UN Convention on the Rights of the Child and the Optional Protocol. A minimum age of 17 is considered mandatory for the commencement of voluntary service as a soldier in the Bundeswehr within the meaning of Article 3 para. 2 of the Optional Protocol. Persons under the age of 18 are only admitted to the armed forces in order to begin military training under special protection.
130.They are protected when making their decision to join the armed forces, in particular by the necessary consent of their legal representative, and by the mandatory requirement to show their identity card or passport as reliable proof of their age, as well as by comprehensive counselling.
131.Many juveniles already know what they want to become before they reach the age of majority. The Bundeswehr also presents itself as an employer in this age range in order to ensure career entry without disadvantages.
Reply to paragraph 15 (b) of the list of issues
132.Youth marketing activities do not pursue any personnel advertising objectives according to the definition of recruiting to the Bundeswehr. In fact, they are aimed at providing interested juveniles with general initial information about the Bundeswehr. No special advertising campaigns aimed at children are carried out for the German armed forces.
Reply to paragraph 15 (c) of the list of issues
133.The Bundeswehr does not tolerate abuse, harassment or sexual exploitation in its ranks. Offences of this kind are punished in accordance with the law on status, disciplinary law and labour law, and are passed on to the criminal prosecution authorities where appropriate.
134.Information is provided in the Bundeswehr’s teaching and training content on measures to raise awareness and impart knowledge of sexualised violence. In addition, the contact point on “Discrimination and violence in the Bundeswehr” has been established within the Federal Ministry of Defence (BMVg) since 2017. Corresponding reports can be addressed to this contact point, and support is provided to those affected.
135.Regulation A-2610/3 “Juveniles and the Bundeswehr”, which for the first time comprehensively regulates the handling of minors in the Bundeswehr, was also published in April 2021. The Regulation formulates the policy and principles, the legal protective measures, and the handling of minors/juveniles in the context of information work and personnel recruitment.
Reply to paragraph 15 (d) of the list of issues
136.Respect for human rights in the final destination country plays a prominent role in the decision on licensing military equipment exports, such as small arms or light weapons. The standard of review is based on Criterion Two of the Common Position In accordance with the User’s Guide to the Council Common Position, it is to be examined whether there is an established minimum age for the recruitment (compulsory and voluntary) of persons into the armed forces in the final destination country. It is also to be examined whether legal measures have been adopted prohibiting and punishing the recruitment or use in hostilities of children. The export licence is withheld if there are concrete indications that small arms or light weapons intended for export could be used against children or minors, or handed over to child soldiers, in violation of the UN Convention on the Rights of the Child (UNCRC) or its Optional Protocols.
Reply to paragraph 15 (e) of the list of issues
137.The recruitment of children for combat operations is punishable in the Federal Republic of Germany as a war crime against persons in accordance with section 8 subsection (1) number 5 of the German Code of Crimes against International Criminal Law (Völkerstrafgesetzbuch – VStGB).
138.According to section 1, sentence 2 of the VStGB, that provision is also applicable to offences committed abroad that have no connection with Germany. Such offences are prosecuted very consistently in the Federal Republic of Germany.
Part two
Reply to paragraph 16 (a) of the list of issues
In chronological order
139.The Second Act to Improve the Enforcement of the Obligation to Leave the Country (Zweites Gesetz zur besseren Durchsetzung der Ausreisepflicht) which came into force on 21 August 2019, introduced a new provision Asylgesetz - according to which the Länder are obliged to take appropriate measures to ensure the protection of women and vulnerable persons – such as minors in particular – when accommodating asylum-seekers (section 44 subsection (2a) of the Asylum Act (AsylG) and section 53 subsection (3) of the Asylum Act).
140.The Act on Modernising Criminal Procedure (Gesetz zur Modernisierung des Strafverfahrens) of 10 December 2019 regulated for section 58a subsection (1), third sentence, of the Code of Criminal Procedure (StPO) for sexual offences that victim-witnesses must be questioned by an investigating judge, and that video and audio of questioning must be recorded if this serves to better protect their legitimate interests. The recording can be used as evidence in the main hearing, and can save the victim from having to testify again. The new regulation is important for underage victims of sexual offences because the previous optional provision for them has now taken the shape of a mandatory provision.
141.The essential parts of the Act Strengthening the Procedural Rights of Defendants in Juvenile Criminal Proceedings (Gesetz zur Stärkung der Verfahrensrechte von Beschuldigten im Jugendstrafverfahren) entered into force on 17 December 2019. This reinforced the procedural rights of accused persons aged under 18 in criminal proceedings, and improved their protection.
142.The reformed Youth Protection Act (JuSchG) has been in force since 1 May 2021, and is primarily intended to curb interaction risks for children and juveniles when they use media. Interactive platforms in particular will have for instance to provide simple reporting, complaint and help options, as well as safe default settings. Furthermore, uniform, up-to-date age ratings are also envisaged for online content (films, games).
143.The Act on the Protection of Children with Variants of Sex Development came into force on 22 May 2021. The Act contains a ban on targeted gender reassignment treatments for children with variants of sex development (see answer to question 7c).
144.Essential parts of the Act to Strengthen Children and Juveniles (KJSG) came into force on 10 June 2021. Children and juveniles are to be better protected and supported in institutions and foster families by child and youth welfare, healthcare, law enforcement authorities, as well as Family and Youth Courts, working even more closely together in the future (see Answer 4b in Part 1).
145.The Act to Combat Sexualised Violence against Children of 16 June 2021 significantly increased the legal range of punishment for child sexual abuse and child pornography offences in the Criminal Code (Strafgesetzbuch). In addition, the Act made the special qualification requirements for family court judges, youth court judges and youth public prosecutors more concrete and binding.
146.The Act to Combat Sexualised Violence against Children explicitly enshrined the acceleration requirement in criminal proceedings with minor victim-witnesses, which had previously only been contained in the Guidelines on Criminal and Fines Procedure, in section 48a subsection (2) of the Code of Criminal Procedure (StPO) with effect from 1 July 2021.
147.The Act on Providing All-Day Care and Education for Primary School Children (Ganztagsförderungsgesetz - GaFöG), parts of which came into force on 12 October 2021, aims to introduce a legal entitlement to full-time childcare for primary-school- children in stages from 1 August 2026 onwards, and to give every primary school child an entitlement to all-day childcare from 1 August 2029 onwards.
148.Furthermore, the Act on the Reform of Guardianship Law (Gesetz zur Reform des Vormundschafts- und Betreuungsrechts will come into force on 1 January 2023.
Reply to paragraph 16 (b) of the list of issues
149.As a result of the reformed Youth Protection Act, mentioned above, the Federal Review Board for Media Harmful to Minors is being further developed into the Federal Agency for Child and Youth Protection in the Media (BzKJ). The additional tasks include promoting suitable measures for the further development of child and youth media protection. The BzKJ can impose fines of up to 50 million Euro for violations of the new Youth Protection Act.
Reply to paragraph 16 (c) of the list of issues
150.The Federal Government is investing two billion Euro in 2021 and 2022 via the action programme entitled “Catching up after Corona” in order to help children and juveniles on their way back to growing up in a more carefree manner and to help them catch up on learning lags (see Answer 2a in Part 1).
151.In implementation of the Covenant for the Rule of Law, the BMJ has funded and initiated a pilot blended-learning training project on the topic of “developmentally-appropriate, complete and suggestion-free child hearings” (see Answer 5a), supported by the State Ministries of Justice.
152.The Federal Government’s inter-departmental youth strategy entitled “Shared responsibility: a policy for, with and by young people” was adopted in Cabinet on 3 December 2019. The aim is to expand the opportunities for young people to participate at federal level.
Reply to paragraph 16 (d) of the list of issues
153.The Council of Europe’s Convention on preventing and combating violence against women and domestic violence (“Istanbul Convention”) came into force in Germany on 1 February 2018. The same applies to the Revised European Social Charter, which has been in force since 1 May 2021. Furthermore, Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms, which introduced important provisions to increase the effectiveness of the European Court of Human Rights, came into force on August 1, 2021.
Part three
Data, statistics and other information
Reply to paragraph 17 of the list of issues
154.Such precisely-tailored data are not available to the Federal Government, and cannot be conveniently collected. Germany supports families with children by providing financial benefits and tax arrangements in order to acknowledge the contribution that they make, and to take into account the burdens that they incur. Numerous social benefits and other state benefits do not benefit children in exclusivity, and the proportions cannot be clearly differentiated.
Reply to paragraph 18 (a) of the list of issues
155.The Federal Government does not have any data on this matter.
Reply to paragraph 18 (b) of the list of issues
156.No specific data are collected on the annulment of underage marriages. Furthermore, the outcome of proceedings is also not recorded statistically (see Answer to Question 7a).
157.The XIIth Civil Senate of the Federal Court of Justice (BGH) submitted to the Federal Constitutional Court, for a review by a suspension of proceedings and submission order of 14 November 2018, the provision contained in Article 13 para. 3 number 1 of the Introductory Act to the Civil Code (EGBGB), in accordance with which marriages that have been effectively concluded under foreign law are ineffective under German law without an examination of the individual case if one of the spouses had not yet reached the age of 16 at the time of conclusion of marriage, by means of a concrete judicial review (order of 14 November 2018, ref.: XII ZB 292/16). The ruling of the Federal Constitutional Court is still pending.
158.The XIIth Civil Senate of the BGH found by ruling of 22 July 2020 (ref. XII ZB 131/20) that a marriage concluded abroad with a 16-year-old girl cannot simply be annulled by German public authorities. True, the law provides in section 1314 subsection (1) of the Civil Code that the marriage of an underage spouse may be annulled. With a constitutionally-sound interpretation, however, the courts have discretion to refrain from annulment where a minor aged at least 16 entered into marriage.
Reply to paragraph 18 (c) of the list of issues
159.According to the Police Crime Statistics (PKS), 152 children died a violent death in Germany in 2020 (2019: 112 children, 2018: 136 children). 115 of them were aged under six at the time of death (2019: 93 children, 2018: 108 children). 134 children were victims of attempted homicide (2019: 97 children, 2018: 98 children). An increase of around 10 per cent was recorded with 4,918 cases of ill-treatment of charges (2019: 4,454 cases, 2018: 4,621 cases). Cases of child abuse increased by 6.8 per cent to a total of more than 14,500 (2019: 13,670 cases, 2018: 12,321 cases). The number of cases involving depictions of abuse, so-called child pornography, increased by 53 per cent, representing a particularly marked increase (2020: 18,761 cases, 2019: 12,262 cases, 2018: 7,449 cases).
Reply to paragraph 18 (d) of the list of issues
160.Despite revisions to the medical guidelines emphasising the right of self-determination of intersex children, a study by Berlin’s Humboldt University expresses doubts that the number of cosmetic operations on the genitals of children with congenital variations in physical sex characteristics at German hospitals had changed significantly between 2005 and 2014. A follow-up study conducted by the University of Bochum in 2018 came to a similar conclusion.
161.The Act on the Protection of Children with Variants of Sex Development, which came into force on 22 May 2021, aims to provide better protection for children’s right to gender self-determination.
Reply to paragraph 18 (e) of the list of issues
162.Figures or statistics on these specific aspects are not available to either the Federal Government, the Federal Länder or the Independent Commissioner for Child Sexual Abuse Issues (UBSKM).
Reply to paragraph 18 (f) of the list of issues
163.The police’s efforts to combat human trafficking particularly focus on the exploitation of minors. According to the Federal Situation Report on Human Trafficking and Exploitation 2020, 193 sets of investigation proceedings into various forms of exploitation involving underage victims were concluded in the year under report. A total of 269 underage victims of human trafficking and exploitation were identified.
Reply to paragraph 18 (g) of the list of issues
164.278,157 minors with a connection with the law on asylum (not including those born in Germany) from the countries or territories identified as relevant were recorded in the Central Register of Foreigners (AZR) as living in Germany as of the reference date 31 December 2018. The corresponding total number was 278,985 as of the reference date 31 December 2019, and 278,115 minors as of 31 December 2020. Whether and to what extent these minors may have been recruited or deployed in armed conflicts is not known, given that grounds for asylum are not recorded in the statistics.
165.The breakdown by age, gender, nationality and Federal Land can be seen in the following tables:
|
Age in years |
31 Dec.2018 |
31 Dec.2019 |
31 Dec.2020 |
|
Total |
278 157 |
278 985 |
278 115 |
|
of whom: |
|||
|
0 |
392 |
291 |
263 |
|
1 |
1 783 |
1 319 |
1 006 |
|
2 |
3 321 |
2 724 |
2 133 |
|
3 |
15 523 |
4 357 |
3 539 |
|
4 |
19 566 |
16 789 |
5 221 |
|
5 |
19 542 |
20 873 |
17 921 |
|
6 |
20 927 |
20 846 |
22 098 |
|
7 |
20 061 |
22 282 |
21 921 |
|
8 |
19 785 |
21 284 |
23 343 |
|
9 |
19 821 |
21 004 |
22 265 |
|
10 |
19 913 |
20 936 |
21 946 |
|
11 |
18 126 |
21 056 |
21 851 |
|
12 |
17 206 |
19 121 |
21 952 |
|
13 |
16 510 |
18 260 |
19 899 |
|
14 |
15 056 |
17 480 |
19 127 |
|
15 |
15 317 |
16 134 |
18 419 |
|
16 |
16 172 |
16 627 |
17 308 |
|
17 |
19 136 |
17 602 |
17 903 |
|
Gender |
31 Dec.2018 |
31 Dec.2019 |
31 Dec.2020 |
|
Total |
278 157 |
278 985 |
278 115 |
|
of whom: |
|||
|
Male |
153 152 |
150 968 |
149 379 |
|
Unknown |
308 |
252 |
217 |
|
Female |
124 697 |
127 765 |
128 519 |
|
Nationality (or territory) |
31 Dec.2018 |
31 Dec.2019 |
31 Dec.2020 |
|
Total |
278 157 |
278 985 |
278 115 |
|
of whom: |
|||
|
Afghanistan |
56 075 |
53 236 |
52 387 |
|
Burkina-Faso |
35 |
30 |
31 |
|
India |
683 |
581 |
552 |
|
Iraq |
52 153 |
52 401 |
51 508 |
|
Israel |
35 |
29 |
23 |
|
Yemen |
606 |
742 |
745 |
|
Cameroon |
368 |
397 |
414 |
|
Columbia |
61 |
179 |
229 |
|
Congo Dem. Republic |
312 |
311 |
318 |
|
Lebanon |
2 318 |
2 294 |
2 207 |
|
Libya |
971 |
985 |
1 044 |
|
Mali |
114 |
97 |
92 |
|
Myanmar |
79 |
120 |
127 |
|
Nigeria |
5 888 |
6 527 |
6 520 |
|
Pakistan |
2 749 |
2 791 |
2 636 |
|
Persons from the Palestinian Territories (not recognised as a State) |
616 |
605 |
641 |
|
Philippines |
10 |
8 |
8 |
|
Somalia |
4 365 |
3 970 |
3 895 |
|
Sudan (former) |
19 |
18 |
17 |
|
Sudan (not including South Sudan) |
507 |
486 |
475 |
|
South Sudan |
17 |
18 |
21 |
|
Syria Arab Republic |
150 168 |
153 151 |
154 216 |
|
Central African Republic |
8 |
9 |
9 |
|
Federal Land |
31 Dec.2018 |
31 Dec.2019 |
31 Dec.2020 |
|
Total |
278 157 |
278 985 |
278 115 |
|
of whom: |
|||
|
Baden-Württemberg |
29 906 |
29 372 |
28 592 |
|
Bavaria |
31 474 |
30 644 |
29 689 |
|
Berlin |
11 499 |
11 728 |
11 647 |
|
Brandenburg |
5 763 |
5 596 |
5 469 |
|
Bremen |
4 185 |
4 206 |
4 188 |
|
Hamburg |
7 442 |
7 566 |
7 617 |
|
Hesse |
22 081 |
22 082 |
22 045 |
|
Mecklenburg-Western Pomerania |
3 502 |
3 261 |
3 171 |
|
Lower Saxony |
34 079 |
34 663 |
34 814 |
|
North Rhine-Westphalia |
74 017 |
76 250 |
77 270 |
|
Rhineland-Palatinate |
12 956 |
12 874 |
13 044 |
|
Saarland |
5 421 |
5 531 |
5 625 |
|
Saxony |
9 793 |
9 455 |
9 204 |
|
Saxony-Anhalt |
7 165 |
6 972 |
7 092 |
|
Schleswig-Holstein |
12 318 |
12 482 |
12 553 |
|
Thuringia |
6 556 |
6 303 |
6 095 |
|
Total |
278 157 |
278 985 |
278 115 |
Reply to paragraph 18 (h) of the list of issues
166.The Federal Government does not have any reliable data on this matter.
Reply to paragraph 19 of the list of issues
167.Germany’s government development cooperation is closely aligned with the Sustainable Development Goals (SDGs) of the 2030 Agenda; it regards children as crucial agents of change. Children’s rights are therefore a cross-cutting issue in German governmental development cooperation.
168.The Federal Ministry of Food and Agriculture (BMEL) also promotes the enforcement of children’s rights, especially in connection with agricultural supply chains, for example through its involvement in the German Initiative on Sustainable Cocoa (GISCO), and in the Forum for Sustainable Palm Oil (FONAP).
169.Germany has also joined the “Alliance 8.7”, which is committed to the eradication of forced labour, modern slavery, human trafficking and the worst forms of child labour, and in doing so aims to become a “pathfinder” member country of the “Alliance 8.7”.
170.The Federal Government has furthermore adopted numerous measures to protect children and juveniles which have also been integrated into the German Sustainable Development Strategy – Update 2021. Following the permanent establishment of the office of the German Government’s Independent Commissioner of the Federal Government on Issues of Child Sexual Abuse, the above mentioned “National Council to Combat Sexual Violence against Children and Adolescents” was constituted at the end of 2019. In order to ensure better protection of children from sexualised violence in Germany, relevant criminal offences were moreover amended, and associated penalties were increased. To better protect underage victims of serious crimes, they are now entitled to psychosocial support in criminal trials.
Reply to paragraph 20 of the list of issues
Table 1
Children in the population from 2014 to 2020 by age and region (No.)
|
Age in years |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
|
Germany |
||||||||
|
under 18 Total |
13 112 020 |
13 325 677 |
13 470 262 |
13 538 146 |
13 597 428 |
13 677 902 |
13 743 944 |
|
|
under 3 |
2 106 703 |
2 200 407 |
2 304 035 |
2 351 851 |
2 383 003 |
2 371 417 |
2 351 339 |
|
|
3 to 5 |
2 067 559 |
2 130 002 |
2 162 060 |
2 227 015 |
2 283 123 |
2 361 438 |
2 403 553 |
|
|
6 to 9 |
2 803 627 |
2 855 051 |
2 904 278 |
2 910 128 |
2 922 509 |
2 955 491 |
2 997 814 |
|
|
10 to 13 |
2 924 478 |
2 930 669 |
2 923 839 |
2 935 537 |
2 950 558 |
2 962 407 |
2 989 924 |
|
|
14 to 17 |
3 209 653 |
3 209 548 |
3 176 050 |
3 113 615 |
3 058 235 |
3 027 149 |
3 001 314 |
|
|
Western Germany |
||||||||
|
under 18 Total |
10 778 593 |
10 917 108 |
11 005 963 |
11 041 071 |
11 079 174 |
11 138 825 |
11 191 490 |
|
|
under 3 |
1 690 953 |
1 771 330 |
1 861 241 |
1 906 565 |
1 940 112 |
1 939 322 |
1 932 073 |
|
|
3 to 5 |
1 659 941 |
1 709 331 |
1 736 692 |
1 791 173 |
1 841 409 |
1 910 047 |
1 951 060 |
|
|
6 to 9 |
2 281 791 |
2 313 704 |
2 345 377 |
2 344 736 |
2 352 003 |
2 378 654 |
2 414 604 |
|
|
10 to 13 |
2 424 120 |
2 419 862 |
2 405 095 |
2 404 733 |
2 407 674 |
2 407 331 |
2 420 601 |
|
|
14 to 17 |
2 721 788 |
2 702 881 |
2 657 558 |
2 593 864 |
2 537 976 |
2 503 471 |
2 473 152 |
|
|
Eastern Germany |
||||||||
|
under 18 Total |
2 333 427 |
2 408 569 |
2 464 299 |
2 497 075 |
2 518 254 |
2 539 077 |
2 552 454 |
|
|
under 3 |
415 750 |
429 077 |
442 794 |
445 286 |
442 891 |
432 095 |
419 266 |
|
|
3 to 5 |
407 618 |
420 671 |
425 368 |
435 842 |
441 714 |
451 391 |
452 493 |
|
|
6 to 9 |
521 836 |
541 347 |
558 901 |
565 392 |
570 506 |
576 837 |
583 210 |
|
|
10 to 13 |
500 358 |
510 807 |
518 744 |
530 804 |
542 884 |
555 076 |
569 323 |
|
|
14 to 17 |
487 865 |
506 667 |
518 492 |
519 751 |
520 259 |
523 678 |
528 162 |
Source: Federal Statistical Office: Population statistics, compilation by the DJI/TU Dortmund Research Association .
Table 2
Children in the population from 2014 to 2020 by region (percentage)
|
Age in years |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
Germany |
|||||||
|
under 18 total |
16.1 |
16.2 |
16.3 |
16.4 |
16.4 |
16.4 |
16.5 |
|
under 3 |
2.6 |
2.7 |
2.8 |
2.8 |
2.9 |
2.9 |
2.8 |
|
3 to 5 |
2.5 |
2.6 |
2.6 |
2.7 |
2.8 |
2.8 |
2.9 |
|
6 to 9 |
3.5 |
3.5 |
3.5 |
3.5 |
3.5 |
3.6 |
3.6 |
|
10 to 13 |
3.6 |
3.6 |
3.5 |
3.5 |
3.6 |
3.6 |
3.6 |
|
14 to 17 |
4 |
3.9 |
3.8 |
3.8 |
3.7 |
3.6 |
3.6 |
|
Western Germany |
|||||||
|
under 18 total |
16.5 |
16.5 |
16.6 |
16.6 |
16.6 |
16.6 |
16.7 |
|
under 3 |
2.6 |
2.7 |
2.8 |
2.9 |
2.9 |
2.9 |
2.9 |
|
3 to 5 |
2.5 |
2.6 |
2.6 |
2.7 |
2.8 |
2.9 |
2.9 |
|
6 to 9 |
3.5 |
3.5 |
3.5 |
3.5 |
3.5 |
3.6 |
3.6 |
|
10 to 13 |
3.7 |
3.7 |
3.6 |
3.6 |
3.6 |
3.6 |
3.6 |
|
14 to 17 |
4.2 |
4.1 |
4.0 |
3.9 |
3.8 |
3.7 |
3.7 |
|
Eastern Germany |
|||||||
|
under 18 total |
14.6 |
14.9 |
15.3 |
15.4 |
15.5 |
15.7 |
15.8 |
|
under 3 |
2.6 |
2.7 |
2.7 |
2.8 |
2.7 |
2.7 |
2.6 |
|
3 to 5 |
2.6 |
2.6 |
2.6 |
2.7 |
2.7 |
2.8 |
2.8 |
|
6 to 9 |
3.3 |
3.4 |
3.5 |
3.5 |
3.5 |
3.6 |
3.6 |
|
10 to 13 |
3.1 |
3.2 |
3.2 |
3.3 |
3.4 |
3.4 |
3.5 |
|
14 to 17 |
3.1 |
3.1 |
3.2 |
3.2 |
3.2 |
3.2 |
3.3 |
Source: Federal Statistical Office: Population statistics, compilation by the DJI/TU Dortmund Research Association .
Table 3
Children in the population 2015 to 2020 by sex (No. and percentage)
|
Age in years |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
Male |
||||||
|
No. |
||||||
|
under 18 total |
6 865 197 |
6 943 513 |
6 968 292 |
6 992 943 |
7 030 434 |
7 063 395 |
|
under 3 |
1 130 438 |
1 182 119 |
1 206 257 |
1 221 421 |
1 216 345 |
1 206 965 |
|
3 to 5 |
1 093 753 |
1 110 952 |
1 144 332 |
1 172 775 |
1 211 532 |
1 232 813 |
|
6 to 9 |
1 467 892 |
1 492 707 |
1 495 047 |
1 502 076 |
1 518 675 |
1 540 477 |
|
10 to 13 |
1 507 009 |
1 504 400 |
1 510 579 |
1 517 869 |
1 524 162 |
1 537 167 |
|
14 to 17 |
1 666 105 |
1 653 335 |
1 612 077 |
1 578 802 |
1 559 720 |
1 545 973 |
|
Percentage |
||||||
|
under 18 total |
51.5 |
51.5 |
51.5 |
51.4 |
51.4 |
51.4 |
|
under 3 |
51.4 |
51.3 |
51.3 |
51.3 |
51.3 |
51.3 |
|
3 to 5 |
51.3 |
51.4 |
51.4 |
51.4 |
51.3 |
51.3 |
|
6 to 9 |
51.4 |
51.4 |
51.4 |
51.4 |
51.4 |
51.4 |
|
10 to 13 |
51.4 |
51.5 |
51.5 |
51.4 |
51.5 |
51.4 |
|
14 to 17 |
51.9 |
52.1 |
51.8 |
51.6 |
51.5 |
51.5 |
|
Female |
||||||
|
No. |
||||||
|
under 18 total |
6 460 480 |
6 526 749 |
6 569 854 |
6 604 485 |
6 647 468 |
6 680 549 |
|
under 3 |
1 069 969 |
1 121 916 |
1 145 594 |
1 161 582 |
1 155 072 |
1 144 374 |
|
3 to 5 |
1 036 249 |
1 051 108 |
1 082 683 |
1 110 348 |
1 149 906 |
1 170 740 |
|
6 to 9 |
1 387 159 |
1 411 571 |
1 415 081 |
1 420 433 |
1 436 816 |
1 457 337 |
|
10 to 13 |
1 423 660 |
1 419 439 |
1 424 958 |
1 432 689 |
1 438 245 |
1 452 757 |
|
14 to 17 |
1 543 443 |
1 522 715 |
1 501 538 |
1 479 433 |
1 467 429 |
1 455 341 |
|
Percentage |
||||||
|
under 18 total |
48.5 |
48.5 |
48.5 |
48.6 |
48.6 |
48.6 |
|
under 3 |
48.6 |
48.7 |
48.7 |
48.7 |
48.7 |
48.7 |
|
3 to 5 |
48.7 |
48.6 |
48.6 |
48.6 |
48.7 |
48.7 |
|
6 to 9 |
48.6 |
48.6 |
48.6 |
48.6 |
48.6 |
48.6 |
|
10 to 13 |
48.6 |
48.5 |
48.5 |
48.6 |
48.5 |
48.6 |
|
14 to 17 |
48.1 |
47.9 |
48.2 |
48.4 |
48.5 |
48.5 |
Source: Federal Statistical Office: Population statistics, compilation by the DJI/TU Dortmund Research Association .
Table 4
Children with a migration background* in the population from 2016 to 2019 by age group (No. in 1,000 and percentage)
|
Age in years |
2016 |
2017 |
2018 |
2019 |
|
Children with a migration background |
||||
|
No. in 1,000 |
||||
|
under 18 total |
4 755 |
4 896 |
4 980 |
5 141 |
|
under 5 |
1 388 |
1 451 |
1 471 |
1 507 |
|
5 to 9 |
1 330 |
1 364 |
1 380 |
1 419 |
|
10 to 14 |
1 270 |
1 326 |
1 348 |
1 404 |
|
15 to 17 |
767 |
755 |
781 |
811 |
|
Percentage of the peer population |
||||
|
under 18 total |
35.4 |
36.4 |
37.8 |
38.0 |
|
under 5 |
38.1 |
39.1 |
39.9 |
39.7 |
|
5 to 9 |
37.2 |
37.5 |
39.0 |
38.7 |
|
10 to 14 |
34.1 |
35.8 |
37.3 |
37.7 |
|
15 to 17 |
31.0 |
31.6 |
33.2 |
34.7 |
|
of whom: children with personal experience of migration 1) |
||||
|
No. in 1 000 |
||||
|
under 18 total |
922 |
991 |
1 055 |
1 081 |
|
under 5 |
172 |
167 |
160 |
132 |
|
5 to 9 |
289 |
330 |
358 |
368 |
|
10 to 14 |
267 |
306 |
344 |
380 |
|
15 to 17 |
194 |
188 |
193 |
201 |
|
Percentage of the peer population |
||||
|
under 18 total |
6.9 |
7.4 |
8.0 |
8.0 |
|
under 5 |
4.7 |
4.5 |
4.3 |
3.5 |
|
5 to 9 |
8.1 |
9.1 |
10.1 |
10.0 |
|
10 to 14 |
7.2 |
8.3 |
9.5 |
10.2 |
|
15 to 17 |
7.8 |
7.9 |
8.2 |
8.6 |
Notes on the table:
* Persons with a migration background are individuals who themselves or their parents have immigrated to Germany.
( 1) People who have personally experienced migration are individuals who themselves have immigrated to Germany. By contrast, people with a migration background who have not personally experienced migration are people who were born in Germany but have at least one parent who immigrated to Germany.
Source : Federal Statistical Office: Population statistics, compilation by the DJI/TU Dortmund Research Association .
Table 5
Risk assessments in youth welfare offices concluding that there was an endangerment of the best interests of the child (including latent) due to sexual violence from 2016 to 2020 (No. and per 10,000 of the peer population)
|
Age groups |
2016 |
2017 |
2018 |
2019 |
2020 |
|
No. |
|||||
|
aged under 6 |
441 |
456 |
540 |
669 |
814 |
|
6 to 13 |
1 093 |
1 110 |
1 319 |
1 589 |
1 680 |
|
aged 14 to 17 |
487 |
479 |
595 |
732 |
729 |
|
aged under 18 total |
2 021 |
2 045 |
2 454 |
2 990 |
3 223 |
|
per 10,000 |
|||||
|
aged under 6 |
1.0 |
1.0 |
1.2 |
1.4 |
1.7 |
|
6 to 13 |
1.9 |
1.9 |
2.2 |
2.7 |
2.8 |
|
aged 14 to 17 |
1.5 |
1.5 |
1.9 |
2.4 |
2.4 |
|
aged under 18 total |
1.5 |
1.5 |
1.8 |
2.2 |
2.3 |
Source: Federal Statistical Office: Risk assessments in accordance with section 8a subsection (1) Book VIII of the Social Code, Calculations by the DJI/TU Dortmund Research Association .
Table 6
Take-up rate of ongoing and completed assistance with upbringing 2010 and 2019 by types of assistance and age group (per 10,000 of the peer population)
|
Age groups |
Educational counselling |
Non-residential assistance |
Accommodation outside the family |
|||
|
2010 |
2019 |
2010 |
2019 |
2010 |
2019 |
|
|
aged under 3 |
127.3 |
160.3 |
177.8 |
179.7 |
47.4 |
47.3 |
|
3 to 5 |
306.7 |
342.6 |
223.5 |
242.4 |
72.1 |
77.3 |
|
6 to 9 |
416.5 |
439.3 |
260.7 |
329.4 |
87.6 |
111.9 |
|
10 to 13 |
365.5 |
377.4 |
283.9 |
378.1 |
115.1 |
155.3 |
|
14 to 17 |
287.3 |
271.3 |
251.2 |
316.1 |
186.1 |
233.7 |
|
aged under 18 total |
312.2 |
323.6 |
245.5 |
296.0 |
109.2 |
131.1 |
Source: Federal Statistical Office: Statistiken der Kinder- und Jugendhilfe – Erzieherische Hilfe , Eingliederungshilfe , Hilfe für junge Volljährige ; various years; Calculations by the DJI/TU Dortmund Research Association .
Table 7
Full or partial transfer of parental custody to the youth welfare office or a third party as guardian or curator 2015 to 2020 by age group (per 10,000 of the peer population)
|
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
|
aged under 6 |
13.5 |
13.3 |
13.6 |
13.8 |
14.0 |
13.7 |
|
6 to 14 |
9.1 |
9.9 |
10.2 |
10.1 |
10.7 |
10.4 |
|
14 to 18 |
13.3 |
17.3 |
13.9 |
11.9 |
11.5 |
10.8 |
Source: Federal Statistical Office: Statistik der Pfleg -, Vormund -, Beistandschaften , Sorgerechtsentzüge ; Population Statistics, Calculations by the DJI/TU Dortmund Research Association .
Table 8
Victims of abduction of minors in accordance with section 235 of the Criminal Code from 2011 to 2020 (No. and per 10,000 of the peer population)
|
Years |
Age group |
aged under 18 total |
||
|
aged under 6 |
6 to 13 |
14 to 17 |
||
|
No. |
||||
|
2015 |
451 |
451 |
120 |
1 022 |
|
2016 |
449 |
447 |
109 |
1 005 |
|
2017 |
445 |
469 |
125 |
1 039 |
|
2018 |
538 |
540 |
95 |
1 173 |
|
2019 |
549 |
524 |
108 |
1 181 |
|
2020 |
455 |
474 |
124 |
1 053 |
|
per 10,000 |
||||
|
2015 |
1.0 |
0.8 |
0.4 |
0.8 |
|
2016 |
1.0 |
0.8 |
0.3 |
0.7 |
|
2017 |
1.0 |
0.8 |
0.4 |
0.8 |
|
2018 |
1.2 |
0.9 |
0.3 |
0.8 |
|
2019 |
1.2 |
0.9 |
0.4 |
0.8 |
|
2020 |
1.0 |
0.8 |
0.4 |
0.7 |
Source: Federal Criminal Police Office: Polizeiliche Kriminalstatistik – Opfer von Straftaten , calculations by the DJI .
Table 9
Victims of abduction in accordance with section 234 of the Criminal Code from 2010 to 2020 (No.)
|
Years |
Age group |
aged under 18 total |
||
|
aged under 6 |
6 to 13 |
14 to 17 |
||
|
2015 |
2 |
1 |
1 |
4 |
|
2016 |
0 |
0 |
0 |
0 |
|
2017 |
1 |
0 |
0 |
1 |
|
2018 |
0 |
0 |
0 |
0 |
|
2019 |
0 |
1 |
0 |
1 |
|
2020 |
0 |
3 |
0 |
3 |
Source: Federal Criminal Police Office: Polizeiliche Kriminalstatistik – Opfer von Straftaten , calculations by the DJI .
Table 10
Benefits provided by child and family assistance from 2015 to 2020 (in mill. Euro)
|
Measure |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
Fiscal family allowances (child benefit, child allowances in accordance with the Income Tax Act [ EstG ]) |
42 550 |
43 465 |
44 375 |
45 365 |
46 205 |
51 600 |
|
of which child benefit (in accordance with the Federal Child Benefit Act [BKGG]) |
118 |
138 |
144 |
169 |
177 |
198 |
|
Parental benefit and Parental benefitPlus |
5 822 |
6 097 |
6 478 |
6 762 |
6 982 |
7 220 |
|
Benefits in accordance with the Advance Maintenance Act ( Unterhaltsvorschussgesetz – UVG) |
843 |
861 |
1 103 |
2 103 |
2 178 |
2 313 |
|
Supplementary child allowance |
283 |
306 |
397 |
383 |
431 |
1 001 |
Source: Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: Bestandsaufnahme der familienbezogenen Leistungen und Maßnahmen des Staates .
Table 11
Level of budgetary allocations for the Federation’s Children and Youth Plan in 2019 and 2020 (by type of funding and field of action in 1,000 Euro)
|
Allocation within the Children and Youth Plan 2019/20 |
Target 2019 |
Target 2020 |
|
Institutional funding/subsidies to facilities in accordance with section 26 subsection (3) of the Federal Budget Code |
||
|
International Youth Service of the Federal Republic of Germany |
2 892 |
2 937 |
|
Remscheid Academy for Artistic and Media Education |
1 062 |
1 074 |
|
International Youth Library |
942 |
972 |
|
Federal Academy for Musical Youth Education, Trossingen |
1 020 |
1 029 |
|
Total institutional funding/subsidies |
5 916 |
6 012 |
|
Breakdown of project funding by fields of action |
||
|
Child and youth work |
51 249 |
52 639 |
|
Youth social work and integration |
112 155 |
120 555 |
|
Promotion of children in day care facilities and in-home child day care |
2 300 |
2 300 |
|
Assistance for families, young people, parents and other persons having custody |
18 134 |
18 134 |
|
Other central federal tasks of child and youth welfare |
15 414 |
18 954 |
|
Total project funding |
199 252 |
212 582 |
|
Total |
205 168 |
218 594 |
Source : Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: Haushaltsansätze des Kinder- und Jugendplans des Bundes .
Table 12
General overview of “Childcare Funding” investment programmes 2008 – 2013, 2013 – 2014, 2015 – 2018, 2017 – 2020, 2020 – 2021
|
Childcare Funding Investment Programme |
Target group |
Newly-created places |
Secured places |
Promoted places total |
Federal funding provided |
|
1) 2008 – 2013 |
U3 |
314 117 |
84 415 |
398 532 |
2 150 000 000 € |
|
2) 2013 – 2014 |
U3 |
79 704 |
4 151 |
83 855 |
580 500 000 € |
|
3) 2015 – 2018* |
U3 |
63 580 |
18 298 |
81 878 |
550 000 000 € |
|
Total 2008 – 2018 |
457 401 |
106 864 |
564 265 |
3 280 500 000 |
|
|
4) 2017 – 2020** |
0 – pre-school |
229 743 |
1 126 000 000 € |
||
|
5) 2020 – 2021*** |
0 – pre-school |
- |
1 000 000 000 € |
||
|
Total 2017 – 2021 |
229 743 |
2 126 000 000 € |
* Data from monitoring cut-off date 30 June 2019 = approved places; final differentiation new/secured places .
** currently being implemented, first report on approved places as of 31 December 2021 .
Source : Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: Bestandsaufnahme der familienbezogenen Leistungen und Maßnahmen des Staates .
Table 13
Contact frequency of children aged under 18 with their biological parent living separated from them in 2019 by educational level of parents, poverty risk, age of the children
Source : Weighted data from the study entitled “ AID:A 2019 Aufwachsen in Deutschland: Alltagswelten ” (see www.dji.de/aida ), calculations by the German Youth Institute .
Table 14
Counselling requests regarding discrimination experiences of children and juveniles aged up to 18 at the Federal Anti-Discrimination Agency from 2018 – 2020 by discrimination characteristics (No. and percentage)
Source: Federal Anti-Discrimination Agency .
Table 15
Counselling requests regarding discrimination experiences of children and juveniles aged up to 18 in relation to the General Act on Equal Treatment at the Federal Anti-Discrimination Agency from 2018 to 2020 by spheres of life
Source: Federal Anti-Discrimination Agency .
Table 16
Share of children aged from 0 to 11 who use the Internet,* as a percentage, differentiated by age, in 2019
Source : Weighted data from the study entitled “ AID:A 2019 Aufwachsen in Germany: Alltagswelten ” (see www.dji.de/aida ), calculations by the German Youth Institute
* N.B.: In the age group 0 to 5, this question was only asked of children who use digital media services at all.
Table 17
Children attending regular or special needs schools, 2010/11 and 2019/20 by type of promotion priority (No. and percentage)
|
Promotion priorities |
School year |
Pupils receiving special pedagogical support |
Percentage receiving special pedagogical support* |
Percentage attending special needs schools** |
||
|
Regular schools |
Special needs schools |
Total |
[in %] |
[in %] |
||
|
Total |
2010/11 |
108 642 |
377 922 |
486 564 |
6.2 |
4.8 |
|
2019/20 |
246 303 |
325 368 |
571 671 |
7.6 |
4.2 |
|
|
Learning |
2010/11 |
47 259 |
154 958 |
202 217 |
2.6 |
2 |
|
2019/20 |
114 147 |
85 968 |
200 115 |
2.7 |
1.2 |
|
|
Other promotion priorities |
2010/11 |
61 383 |
222 964 |
284 347 |
3.6 |
2.8 |
|
together |
2019/20 |
131 708 |
227 927 |
359 635 |
4.9 |
3.1 |
|
Seeing |
2010/11 |
2 232 |
4 931 |
7 163 |
0.1 |
0.1 |
|
2019/20 |
4 976 |
4 640 |
9 616 |
0.1 |
0.1 |
|
|
Hearing |
2010/11 |
5 210 |
10 987 |
16 197 |
0.2 |
0.1 |
|
2019/20 |
11 493 |
10 542 |
22 035 |
0.3 |
0.1 |
|
|
Language |
2010/11 |
16 550 |
36 717 |
53 267 |
0.7 |
0.5 |
|
2019/20 |
28 155 |
29 023 |
57 178 |
0.8 |
0.4 |
|
|
Physical and motor |
2010/11 |
7 341 |
25 123 |
32 464 |
0.4 |
0.3 |
|
development |
2019/20 |
14 042 |
23 748 |
37 790 |
0.5 |
0.3 |
|
Mental development |
2010/11 |
3 189 |
75 088 |
78 277 |
1.0 |
1 |
|
2019/20 |
13 602 |
83 579 |
97 181 |
1.3 |
1.1 |
|
|
Emotional and |
2010/11 |
25 478 |
37 214 |
62 692 |
0.8 |
0.5 |
|
social development |
2019/20 |
57 142 |
42 627 |
99 769 |
1.4 |
0.6 |
|
Overlapping or unallocated promotion priority |
2010/11 |
1 209 |
22 729 |
23 938 |
0.3 |
0.3 |
|
2019/20 |
2 298 |
13 682 |
15 980 |
0.2 |
0.2 |
|
|
Learning, language, emotional and |
2010/11 |
- |
- |
- |
- |
- |
|
social development *** |
2019/20 |
1 338 |
10 786 |
12 124 |
0.3 |
0.3 |
|
Schools for |
2010/11 |
174 |
10 175 |
10 349 |
||
|
pupils with diseases **** |
2019/20 |
448 |
11 473 |
11 921 |
Table 18
School enrolments 2015 to 2019 by Federal Länder (No.) School enrolments
|
Federal Land |
2015 |
2016 |
2017 |
2018 |
2019 |
|
Baden-Württemberg |
97 115 |
99 602 |
98 790 |
98 715 |
100 344 |
|
Bavaria |
109 315 |
111 936 |
112 397 |
114 812 |
113 425 |
|
Berlin |
31 129 |
32 205 |
32 261 |
33 956 |
35 041 |
|
Brandenburg |
20 998 |
22 180 |
22 291 |
22 165 |
22 393 |
|
Bremen |
5 409 |
5 664 |
5 718 |
5 548 |
5 582 |
|
Hamburg |
15 652 |
16 134 |
16 391 |
16 584 |
17 160 |
|
Hesse |
51 521 |
51 470 |
52 556 |
54 778 |
55 481 |
|
Mecklenburg-Western Pomerania |
13 656 |
13 927 |
14 076 |
13 789 |
13 890 |
|
Lower Saxony |
69 265 |
69 954 |
69 954 |
68 026 |
67 417 |
|
North Rhine-Westphalia |
153 311 |
159 154 |
159 646 |
158 620 |
161 347 |
|
Rhineland-Palatinate |
33 850 |
34 155 |
34 799 |
34 914 |
35 578 |
|
Saarland |
7 458 |
8 133 |
7 924 |
7 798 |
7 607 |
|
Saxony |
34 903 |
35 808 |
36 615 |
36 606 |
36 692 |
|
Saxony-Anhalt |
17 945 |
17 986 |
18 377 |
18 300 |
18 246 |
|
Schleswig-Holstein |
24 397 |
24 822 |
24 927 |
25 074 |
24 684 |
|
Thuringia |
17 821 |
17 998 |
18 446 |
18 494 |
18 430 |
|
Germany |
703 745 |
721 128 |
725 168 |
728 179 |
733 317 |
Source: KMK .
Table 19
Teacher*/pupil ratio 2010/11 and 2019/20 by Federal Land and school level (“pupils per teacher” ratio)
|
Federal Land |
School level |
|||||
|
Primary education |
Lower secondary education |
Upper secondary education |
||||
|
2010/11 |
2019/20 |
2010/11 |
2019/20 |
2010/11 |
2019/20 |
|
|
Baden-Württemberg |
18.2 |
17.0 |
15.0 |
14.3 |
17.4 |
15.9 |
|
Bavaria |
17.9 |
16.8 |
14.8 |
13.2 |
19.6 |
17.4 |
|
Berlin |
16.5 |
13.5 |
13.4 |
12.4 |
17.7 |
15.4 |
|
Brandenburg |
17.5 |
16.5 |
12.9 |
12.2 |
17.8 |
15.0 |
|
Bremen |
15.5 |
14.1 |
15.0 |
12.4 |
20.6 |
18.1 |
|
Hamburg |
14.7 |
13.4 |
14.4 |
12.6 |
17.9 |
17.0 |
|
Hesse |
17.6 |
14.5 |
16.2 |
14.3 |
18.5 |
16.8 |
|
Mecklenburg-Western Pomerania |
17.0 |
16.6 |
12.8 |
13.6 |
22.8 |
17.6 |
|
Lower Saxony |
17.4 |
14.5 |
15.6 |
12.4 |
18.7 |
18.5 |
|
North Rhine-Westphalia |
18.4 |
15.9 |
16.1 |
13.8 |
20.1 |
17.2 |
|
Rhineland-Palatinate |
15.8 |
14.7 |
15.6 |
14.1 |
18.9 |
17.3 |
|
Saarland |
16.0 |
13.1 |
14.5 |
12.7 |
19.9 |
17.3 |
|
Saxony |
16.6 |
16.0 |
11.8 |
14.0 |
17.8 |
16.2 |
|
Saxony-Anhalt |
13.6 |
16.4 |
11.5 |
13.3 |
17.9 |
17.1 |
|
Schleswig-Holstein |
17.0 |
15.8 |
15.0 |
13.2 |
22.3 |
19.2 |
|
Thuringia |
14.9 |
15.4 |
11.1 |
12.4 |
14.7 |
13.7 |
|
Germany 1) |
17.4 |
15.6 |
14.9 |
13.4 |
18.8 |
16.9 |
Table 20
Graduates of general-education and vocational schools, 2017 to 2019, by type of qualification (No. and percentage)
|
Educational sector/school type |
2017 |
2018 |
2019 |
|
|
Graduates of/leavers from general-education schools |
||||
|
by type of qualification |
||||
|
Total |
824 679 |
804 239 |
794 824 |
|
|
Leavers who completed full-time compulsory schooling without obtaining a Hauptschule leaving certificate |
52 682 |
53 603 |
52 834 |
|
|
including: from special needs schools with promotion priorities “Learning” and “Mental development” |
20 071 |
19 915 |
18 409 |
|
|
of whom: from special needs schools with other promotion priorities |
3 939 |
3 850 |
4 572 |
|
|
General-education qualifications acquired at general-education and vocational schools |
||||
|
Total |
1 045 477 |
1 025 978 |
1 002 937 |
|
|
Graduates with a Hauptschule leaving certificate |
172 714 |
180 383 |
176 820 |
|
|
Graduates with an intermediate school-leaving certificate and corresponding certificates |
431 985 |
413 205 |
407 493 |
|
|
Graduates with University and University of Applied Sciences entrance qualification |
440 778 |
432 390 |
418 624 |
|
|
University of Applied Sciences entrance qualification |
95 474 |
93 702 |
86 974 |
|
|
University entrance qualification |
345 304 |
338 688 |
331 650 |
|
|
Percentage of graduates of general-education and vocational schools among the peer residential |
||||
|
population in accordance with the quota summation procedure*) |
||||
|
Leavers who have completed full-time compulsory schooling without obtaining a Hauptschule leaving certificate |
6.5 |
6.8 |
6.9 |
|
|
Hauptschule leaving certificate |
21.1 |
22.5 |
22.6 |
|
|
Intermediate school-leaving certificates and corresponding certificates |
52.4 |
51.4 |
51.9 |
|
|
Graduates with University and University of Applied Sciences entrance qualification |
50.9 |
50.4 |
50.2 |
|
|
University of Applied Sciences entrance qualification |
10.7 |
10.5 |
10.0 |
|
|
University entrance qualification |
40.2 |
39.9 |
40.2 |
Table 21
All-day schools 2010/11 to 2019/20 by type of school and region (No. and percentage)
|
Type of school |
2010/11 |
2015/16 |
2016/17 |
2017/18 |
2018/19 |
2019/20 |
|
No. |
||||||
|
Germany |
||||||
|
Primary schools |
7 207 |
8 533 |
10 077 |
10 413 |
10 291 |
10 771 |
|
Orientation level independent of school type |
772 |
780 |
772 |
784 |
782 |
765 |
|
Hauptschule |
2 145 |
2 018 |
1 877 |
1 679 |
1 521 |
1 478 |
|
Types of school with several educational pathways |
1 057 |
1 413 |
1 446 |
1 483 |
1 500 |
1 499 |
|
Realschule |
1 034 |
1 181 |
1 085 |
1 017 |
997 |
1 005 |
|
Grammar school |
1 531 |
1 800 |
1 842 |
1 920 |
1 926 |
1 961 |
|
Comprehensive school |
789 |
1 653 |
1 749 |
1 803 |
1 844 |
1 822 |
|
Special needs school |
2 033 |
2 047 |
2 040 |
2 057 |
2 054 |
2 070 |
|
in % 1) |
||||||
|
Primary schools |
44.2 |
55.6 |
65.8 |
68.2 |
67.5 |
70.6 |
|
Orientation level independent of school type |
71.3 |
74.9 |
74.2 |
75.3 |
75.0 |
72.9 |
|
Hauptschule |
57.5 |
70.3 |
71.8 |
72.0 |
72.4 |
77.6 |
|
Types of school with several educational pathways |
71.3 |
80.0 |
80.0 |
81.7 |
81.6 |
82.1 |
|
Realschule |
42.4 |
53.7 |
53.6 |
53.7 |
55.1 |
57.8 |
|
Grammar school |
49.4 |
60.5 |
61.7 |
64.2 |
64.3 |
65.5 |
|
Comprehensive school |
77.4 |
87.6 |
87.0 |
87.8 |
89.0 |
88.1 |
|
Special needs school |
61.9 |
70.3 |
72.6 |
74.4 |
75.0 |
76.0 |
|
Western Germany |
||||||
|
Primary schools |
5 210 |
6 567 |
7 839 |
8 170 |
8 062 |
8 337 |
|
Orientation level independent of school type |
134 |
119 |
120 |
120 |
119 |
118 |
|
Hauptschule |
2 145 |
2 018 |
1 877 |
1 679 |
1 521 |
1 478 |
|
Types of school with several educational pathways |
303 |
661 |
704 |
747 |
765 |
754 |
|
Realschule |
1 034 |
1 181 |
1 085 |
1 017 |
997 |
1 005 |
|
Grammar school |
1 245 |
1 450 |
1 483 |
1 550 |
1 550 |
1 579 |
|
Comprehensive school |
607 |
1 377 |
1 475 |
1 514 |
1 524 |
1 523 |
|
Special needs school |
1 505 |
1 567 |
1 577 |
1 585 |
1 583 |
1 590 |
|
in % 1) |
||||||
|
Primary schools |
39.6 |
53.1 |
63.5 |
66.4 |
65.7 |
67.9 |
|
Orientation level independent of school type |
75.3 |
96.0 |
97.6 |
97.6 |
98.3 |
98.3 |
|
Hauptschule |
55.9 |
70.3 |
71.8 |
72.0 |
72.4 |
77.6 |
|
Types of school with several educational pathways |
77.7 |
88.5 |
88.4 |
92.0 |
92.1 |
92.2 |
|
Realschule |
41 |
53.7 |
53.6 |
53.7 |
55.1 |
57.8 |
|
Grammar school |
50 |
61.4 |
62.7 |
65.5 |
65.4 |
66.7 |
|
Comprehensive school |
78.9 |
87.5 |
88.0 |
88.9 |
89.0 |
89.3 |
|
Special needs school |
57.1 |
68.2 |
71.4 |
73.3 |
74.1 |
74.8 |
|
Eastern Germany |
||||||
|
Primary schools |
1 997 |
1 966 |
2 238 |
2 243 |
2 229 |
2 434 |
|
Orientation level independent of school type |
638 |
661 |
652 |
664 |
663 |
647 |
|
Hauptschule |
• |
• |
• |
• |
• |
• |
|
Types of school with several educational pathways |
754 |
752 |
742 |
736 |
735 |
745 |
|
Realschule |
• |
• |
• |
• |
• |
• |
|
Grammar school |
286 |
350 |
359 |
370 |
376 |
382 |
|
Comprehensive school |
182 |
276 |
274 |
289 |
320 |
299 |
|
Special needs school |
528 |
480 |
463 |
472 |
471 |
480 |
|
in % 1) |
||||||
|
Primary schools |
63.9 |
66.0 |
75.4 |
75.6 |
74.9 |
81.6 |
|
Orientation level independent of school type |
70.5 |
72.1 |
71.1 |
72.3 |
72.0 |
69.6 |
|
Hauptschule |
• |
• |
• |
• |
• |
• |
|
Types of school with several educational pathways |
68.6 |
73.8 |
73.3 |
73.3 |
72.9 |
73.9 |
|
Realschule |
0 |
• |
• |
• |
• |
• |
|
Grammar school |
46.7 |
57.1 |
57.8 |
59.4 |
60.2 |
60.7 |
|
Comprehensive school |
72.8 |
87.6 |
82.0 |
82.6 |
88.6 |
82.8 |
|
Special needs school |
77.4 |
78.4 |
77.0 |
78.1 |
78.2 |
80.4 |
Reply to paragraph 21 of the list of issues
•Further strengthening children’s rights and raising their visibility, including in the context of migration and asylum, and strengthening participation rights;
•Improving protection and assistance for those affected by sexualised violence and exploitation;
•Implementing the “Inclusive Solution” from the Act to Strengthen Children and Juveniles;
•Strengthening child protection and children’s rights in the digital world by establishing the new Federal Agency for Child and Youth Protection in the Media.