those based on sexual orientation (15%),
racism (14%), xenophobia (13%) and
“hostility towards foreigners” (9%), with the
latter three remaining the most common in
absolute terms. According to the report of the
Independent Expert Group on Anti-Muslim
Sentiment presented in June, anti-Muslim
racism was widespread across German
society. Following the Hamas attacks in Israel
on 7 October, and the subsequent Israeli
bombardment and ground invasion of Gaza,
civil society organizations reported a rise in
antisemitic attacks against Jewish individuals
and institutions as well as racist attacks
against Muslims.
In October, a study by the Fundamental
Rights Agency found that Germany was one
of the top two countries in the EU where
people of African descent experienced racial
discrimination. A research project funded by
the German Research Foundation found that
33% of respondents felt they had been
discriminated against during interactions with
police. Marginalized groups such as
racialized people, LGBTI+ people and
homeless people were at particular risk of
discrimination and less likely to make
complaints.
The Council of Europe decided to use
enhanced supervision for the judgment on
Basu v. Germany concerning inadequate
investigations into allegations of racial
profiling. The lack of effective, independent
complaints mechanisms and mandatory
identification badges for police at federal and
state levels continued to hamper
investigations into allegations of human rights
violations by police.
LGBTI PEOPLE
In March, an amendment to the Transfusion
Act was passed, abolishing the discriminatory
exclusion of gay and bisexual men as well as
transgender people from blood donation.
Parliament discussed a new SelfDetermination Act enabling trans, non-binary
and intersex people to obtain legal gender
recognition by making a simple declaration at
the registry office.
The State of the World’s Human Rights
GENDER-BASED VIOLENCE
According to figures presented by the Federal
Criminal Police Office in July, more cases of
gender-based violence were registered in
2022 than in the previous five years. Every
hour, more than 14 women were victims of
intimate partner violence. Almost every day, a
partner or ex-partner tried to kill a woman.
From 1 October, motives based on gender
or sexual orientation were explicitly included
in the Criminal Code as aggravating factors
for all crimes.
FREEDOM OF ASSEMBLY
In May, the Berlin Assembly Authorities preemptively imposed blanket bans on protests
in solidarity with the rights of Palestinians
around the Nakba Remembrance Day in
violation of the right to peaceful assembly.
The grounds for the bans also violated the
right to non-discrimination as they were
based on stigmatizing and racist stereotypes
of people perceived as Arab or Muslim. Also,
after 7 October, numerous protests in
solidarity with Palestinians were preemptively banned. There were media reports
of unnecessary and excessive use of force by
police, hundreds of arrests and increased
racial profiling of people perceived as Arab or
Muslim in the context of these protests.
Ahead of the international automotive fair in
September, at least 27 climate activists were
placed in preventative detention for up to 30
days under Section 17 of the Bavarian Police
Tasks Act, allowing the police to request
detention without concrete suspicion of a
crime or initiating a criminal proceeding.
There were several media reports of
excessive use of force in policing peaceful
protests, including pain compliance holds as
a means of dispersing climate activists
blocking streets.
Public Prosecutor’s Offices in two federal
states investigated climate activist groups
under Section 129 of the Criminal Code,
accusing them of forming a criminal
organization. These investigations involved
extensive search and surveillance measures,
including the interception of a press
telephone and the confiscation of personal
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