Category: KB

Source: United Nations – Geneva

The Human Rights Committee today adopted reports on follow-up to concluding observations concerning Armenia and Germany.

Yvonne Donders, Committee Expert and the Special Rapporteur on follow-up to concluding observations, presented the assessment of the responses provided by Armenia and Germany. The overall recommended action for the two assessments was to send a letter to each of the States parties informing them of the discontinuation of the follow-up procedure and that further information requested by the Committee should be addressed in their next periodic reports, which were due in 2028 for all States parties under assessment.

Regarding Armenia, the Committee focused on three recommendations concerning violence against women; the right of peaceful assembly and excessive use of force; and participation in public affairs.  On violence against women, the Committee welcomed amendments made to the “law on domestic violence” by the State party, as well as the “SafeYou” mobile application, allowing victims of violence to promptly receive support.  However, the Committee was concerned about reports of the discriminatory application of protection orders, the lack of concrete information on the means of redress provided to victims, as well as reports indicating that misconceptions and stereotypes regarding women and domestic violence persisted.

Armenia was therefore recommended to revise the law on domestic violence to ensure a victim-centred approach; establish an effective mechanism to encourage the reporting of cases of violence against women and intensify efforts to address the social stigmatisation of victims; ensure that all cases of violence against women were promptly and thoroughly investigated, and that victims had access to effective remedies and means of protection; and to consider ratifying the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence. 

On excessive use of force, the Committee welcomed the adoption of the legislation on the Police Guard and amendments to the law on freedom of assembly, as well as the efforts taken to provide training to law enforcement officers on the use of force.  However, it regretted the reports of the continued disproportionate use of force by police and obstruction of and violence against journalists during protests. 

Armenia was urged to strengthen its efforts to ensure that all law enforcement officers found responsible for excessive use of force during the events in March 2008, June 2015, July 2016 and April 2018, were held accountable and appropriately sanctioned, and that all the victims received adequate compensation and rehabilitation; to review the amendments to the law on freedom of assemblies to bring it into conformity with the Covenant; to refrain from undue interference with assembly participants and reduce police presence at peaceful demonstrations; ensure that impartial and thorough investigations were undertaken by the public prosecutor’s office into all allegations of the excessive use of force and arbitrary arrest and detention by State agents at protests; and to ensure that domestic laws and regulations on the use of force were in full conformity with international standards. 

On participation in public affairs, the Committee welcomed the legislative package submitted to the National Assembly proposing amendments to the Electoral Code, including measures to increase the accessibility of polling stations for persons with disabilities.  However, it was concerned about information indicating that institutional barriers to political participation of persons with disabilities remained, including legal restrictions which denied persons recognised by a court as “incapacitated” the right to elect and to be elected and the right to participate in referendums.

Armenia was called on to ensure that the mandatory disclosure of campaign financing information was fully respected to improve transparency and create equal conditions for the campaign; revise the limitations on the right to stand for presidential and legislative elections; and ensure full accessibility of polling stations for persons with disabilities.

Committee Experts thanked the Special Rapporteur for her report and underscored how vital the follow-up procedure was to the work of the Committee.  Experts said Armenia had made substantial progress with respect to improving the legal framework, but still had work to do with implementation and effectiveness.  It was troubling that investigations in the State party were pending for more than 10 years. 

In response, Ms. Donders agreed that it was serious that investigations in Armenia were pending after so many years.

Concerning Germany, the Committee noted three recommendations, including on intersex persons, institutional care, and on the right to privacy.  For intersex children, the Committee welcomed that a review was under way to evaluate how to further improve safeguards for intersex children, and that a review of the new provisions under the act on the protection of children with variations in sexual development would take place within five years from its adoption.  However, it regretted the lack of information provided regarding compliance and implementation of the act and the provision of remedies in practice.

Germany was recommended to ensure that all acts relating to the assignment of a sex to intersex children performed without their free and informed consent were specifically prohibited, except in cases where such interventions were absolutely necessary for medical reasons and the best interests of the child had been duly taken into account, including the consideration of amendments to the law on the protection of children with variations in sex development of 2021.  Germany should also ensure that all victims had access to remedies, and ensure that all victims had access to their health records and consider establishing a dedicated compensation fund.

On institutional care, the Committee welcomed the 2022 resolution on protection from violence for people in need of care, which initiated efforts to develop practical safeguards, but regretted the absence of data on inspections of care facilities, and the outcomes and the sanctions imposed in relation to the use of physical and chemical restraints.  The Committee also noted with satisfaction that the mental health acts of the Länder were becoming increasingly uniform in the areas of physical restraint and compulsory medication but regretted the lack of information on further steps taken to harmonise the legal standards in the different Länder on the involuntary hospitalization and forced committal of those with psychosocial disabilities. Furthermore, while welcoming the replacement of former section 1905 of the Civil Code with new section 1830 through the act to reform the law on guardianship, the Committee regretted that the legislation still provided for circumstances under which the forced sterilisation of adults with disabilities remained permissible.

The Committee recommended that Germany should continue efforts to monitor, prevent and eradicate the use of physical and chemical restraints in institutional care settings, as well as all forms of abuse against older persons and those with psychosocial disabilities in these institutions; consider further harmonising the legal standards in the different Länder on the involuntary hospitalisation and forced committal of those with psychosocial disabilities; remove any exception in the law to the ban on the forced sterilisation of adults with disabilities; and consider increasing the availability of specific complaints mechanisms to receive, investigate and facilitate the prosecution and punishment of those responsible for all forms of abuse in institutional care settings.

On the right to privacy, the Committee welcomed Germany’s efforts to ensure that all types of surveillance activities and interference with privacy were in full conformity with the Covenant, including the reforms of the federal intelligence service act, and legislative amendments made in response to decisions of the Federal Constitutional Court, including the establishment of the Independent Control Council in 2022.  However, the Committee regretted the lack of concrete information on the practical implementation of the federal intelligence service act. 

The Committee recommended that Germany should ensure that all types of surveillance activities and interference with privacy were in full conformity with the Covenant, complying with the principles of legality, proportionality and necessity and subject to judicial authorisation.  Germany should also ensure that surveillance was subject to effective independent oversight mechanisms, namely judicial mechanisms, and ensure access to effective remedies in cases of abuse.

Committee Experts welcomed that Germany had been on time in presenting its information on the three recommendations.  However, the State party had the resources and capacity to provide the data requested of them by the Committee.  The State party had taken positive steps, but questions remained around implementation. 

In response, Ms. Donders said Germany had taken substantive legislative reforms, among other activities, and was optimistic that the State party would provide additional information and data requested by the Committee. 

In closing, Changrok Soh, Committee Chairperson, expressed gratitude to the Special Rapporteur and other Experts for their dedication and commitment. 

The draft reports were adopted by the Committee as amended during the discussion and will be available on the web page dedicated to the follow-up procedure for concluding observations.

The Human Rights Committee’s one hundred and forty-fourth session is being held from 23 June to 17 July 2025.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 4 p.m. on Thursday, 17 July to close its one hundred and forty-fourth session. 

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