Initiative
by the parliamentary groups of SPD and DIE LINKE
in the Berlin House of Representatives

(unanimously passed – in the absence of the parliamentary group of the CDU – in the 45th plenary session of the Berlin House of Representatives on 2 April 2009)

Initiative

»Berlin stands up for self-determination and the acceptance of sexual diversity«

The Berlin House of Representatives would like to decide:

Berlin is a city of manifold cultures, ways and conceptions of life. Berlin acknowledges cultural diversity and to the variety of sexual orientations, identities, and individual conceptions of life. The openness of the metropolis of Berlin has evolved in a long-lasting process. This is the result of the courageous dedication of civil society, it is the result of the acceptance by the Berliners and the dedication and the support by the Senate of Berlin [government of the city state of Berlin, translator’s note].

Through the implementation of the EU directive 2000/78/EC into civil service law, Berlin has enhanced the legal equality of registered partnership and marriage in an outstanding manner and has therefore become a pioneer within the Federal Republic of Germany. In this year, Berlin will have exploited the entire scope given by federal state law in order to counteract discrimination against sexual orientation or sexual identity.

However, the upsetting assaults on lesbians, gays, transsexuals, and transgender also show that the acceptance of sexual and gender diversity is not shared by all people in this city. This is a challenge for the Senate and for all Berliners. Wherever people get together – in school, in business, in clubs and associations, in the family and in universities –, discrimination, exclusion or violence based on prejudice, in form of racism, anti-Semitism, sexism, or homophobia, must not remain without reply.

It is not possible to enforce the acceptance of cultural and sexual diversity by law. Therefore, dedicated actions by all parts of society are needed. The state of Berlin needs to aim on supporting civil society in its dedication to sexual diversity in order to encourage courageous behaviour in cases of assaults and discrimination. In order to do this, inter-agency efforts are necessary.

Against this background, the Berlin House of Representatives has passed the resolution:

 
To strengthen education and informing

1. The Senate of Berlin evaluates the practical experience with interdisciplinary tuition of sexual education. For this purpose, it is to be focused on the question whether the dealing with sexual diversity in school satisfies the ambitious requirements of A V 27 (frame directive for sexual education) and which deficits remain. The causes for deficits will have to be analyzed and measures for their overcoming will have to be developed. The Senate reports to the House of Representatives by 31 December 2010.
2. The Senate of Berlin ensures that Berlin’s teachers, educationalists, (school-) psychologists, social workers, and educators in the state administration and in supporting organizations are compulsively educated in the subjects of diversity (age, gender, sexual orientation or identity, disability, ethnic background, religion and world-view, social background), anti-discrimination, and acceptance of sexual and gender diversity. This must be done in cooperation with qualified institutions of civil-society organizations, which have experiences and expert knowledge in this field and which are to be strengthened for this purpose. The range of supply and the perception of this supply will have to be analyzed with regard to deficits and conclusions to be drawn. This includes measures for implementation and their budget-related implications. The Senate will report to the House of Representatives by 31 December 2010.
3. The Senate of Berlin works towards qualifying teachers and educationalists for dealing with sexual diversity within education, academic studies, and preparatory service in Berlin on a mandatory basis. It will have to be analyzed, why this field has hitherto played a minor role in education, and measures for overcoming this situation will have to be adopted. It will be reported to the House of Representatives by 31 December 2010.
4. It will have to be ensured that Berlin’s educational institutions possess enough information material concerning the issue of sexual diversity and that this is made available in an appropriate manner to children, adolescents, as well as parents/persons having the care and custody of children. It is to be ensured by the end of the school year 2009/2010, that in every school in Berlin, one member of the teaching staff with appropriate qualification is available as a contact person for sexual identity. The function of this person includes on hand helping and supporting students to find their own sexuality (finding of their identity, but also in cases of mobbing) and working towards an open atmosphere free of discrimination. On the other hand, being available as a contact person or partner for actors of civil society within the network of initiatives in Berlin. This person also pays attention to the consideration of A V 27. The Senate will report to the House of Representatives by 31 December 2010.
5. The Senate of Berlin, together with schools and civil society organizations, develops a best-practice concept for a school, in which people dedicate themselves in an exemplary way to the open handling of different sexual orientations or identities, in which homophobic or transphobic attitudes or behaviours (mobbing) are responded with contention. The development of this concept will be linked to incentives, which encourage schools to the examination of the school atmosphere (students, teachers and other school staff, parents) with regard to sexual diversity. It will have to be considered, to what extent the handling of sexual diversity in schools can become an obligatory part of the school’s profile and in which way the practical implementation – as an important element of the school atmosphere – can be evaluated within the framework of school supervision and inspection. In a similar way, it is to be ensured that youth welfare services and measures pay enough attention to the acceptance of sexual and gender diversity. The Senate will report to the House of Representatives by 31 December 2010.
6. The history of women’s, lesbians’ and gays’ movements is also part of the history of Berlin. In our city, there are places and institutions which illustrate and document this. They make the acceptance of sexual and gender diversity visible across the city, they are information points for Berliners, contact points for youth groups or school classes, or simply for visitors of Berlin. The visibility of this tradition as well as the maintenance of this heritage are at the same time a matter of the city’s politics. The Senate is encouraged to continue the support and promotion of those institutions and to intensify this commitment.
7. However, fostering the acceptance of sexual diversity is also an important issue for the ageing city of Berlin. Not only the self-organized life of old age lesbians, gays, bisexuals, transsexuals, transgender, and intersexuals (LGBTTI) is a central aspect, to which the state pays much attention, but also the education in care facilities, nursing homes and residences, which are not especially dedicated to LGBTTI. The Senate is requested to continuously refer to this issue in cooperation with public institutions and civil society organizations.

Fighting discrimination, violence, and prejudice-motivated crime

8. The state of Berlin commits to sexual diversity. Representatives of the state of Berlin send signals to the public for the necessity of its acceptance: There is no place for discrimination and exclusion because of someone's sexual orientation or sexual identity in Berlin. The Senate and the Berlin House of Representatives have the duty to promote this on every occasion from the city level up to the international level. It is important to foster the sensibility for the acceptance of various ways of life and to convey the solidarity of the society to victims of discrimination.
9. Actors of civil society in Berlin shall be strengthened in their dedication to sexual diversity with the aim of enhancing moral courage when it comes to discrimination of LGBTTI. Especially those projects, which are partners of Berlin’s administration for education and counselling and which possess proven qualification, are to be strengthened. Attention must be paid on one hand to increasing the scope of influence of those projects. On the other hand, those projects have to be supported in order to be able to satisfy the rising demand of education and counselling. The increase of measures for the expansion of the projects’ scope of action must go along with the provision of resources. This will have to be considered within the process of budget planning.
10. The work of the police and prosecution institutions must be linked to appropriate sensibility for the concerns of the victims. The Senate of Berlin continues its effort to raise the awareness of the servants of criminal prosecution for the concerns of people in Berlin as a city of sexual diversity and to counteract the occurrence of discrimination and discriminating attitudes. Therefore, the successful contact persons for same-sex living within to the Berlin police are to be continuously supported as much as possible.
11. The police of Berlin must work towards enhancing the willingness of the victims of prejudice-related offences to make reports. It will need to work closely together with civil society organizations and associations. The existing approaches of local cooperation between assigned police officers, initiatives of civil society and Berlin’s institutions up to neighbourhood management and local business in the fields of enhancing moral courage, violence prevention and education are to be coordinated and strengthened on the level of main administrations and in cooperation with the boroughs. Particularly, the existing offers have to be advertised to a greater extent in order to reach higher publicity and to highlight their paradigmatic character.
12. The Senate of Berlin examines, in order to protect victims, to what extent addresses other than the officially registered address can be used in the prosecution process following complaints and in the criminal proceedings to allow for the victims’ need for anonymity. Within this context, it is to be examined, if there are more options to increase the victims’ feeling of safety and trust, when it comes to prosecution and criminal proceedings. It will have to be reported to the House of Representatives by 31 December 2010.
13. It is to be ensured that LGBTTI, who have become victims of non-acceptance of sexual or gender diversity, are assisted, advised, and supported. Moreover, it is to be worked towards the obligatory cooperation of offers by anti-discrimination projects and projects of victim protection in the field of sexual diversity. The assistance for victims of homophobia and transphobia shall meet specific criteria, which are to be agreed by the state of Berlin and the network of organizations of victim protection. The Senate will report to the House of Representatives by 31 December 2010.
14. The Senate of Berlin is requested to examine, to which degree knowledge can be gained by the statistical coverage of crime against sexual self-determination and diversity in the criminal statistics of the police (PKS). If necessary, appropriate measures have to be implemented in order to ensure the statistical coverage of those criminal offences beyond the coverage at the criminal investigation registration service – political motivated crime (KPMD-PMK).
15. The House of Representatives insists that the appropriate exhaustion and the consequent appliance of the existing criminal law and the law of criminal proceedings provide all opportunities to ensure the lawful and effective prosecution of offences related to prejudice-motivated crimes. From the House of Representatives’ point of view, making the law stricter is not an adequate way to increase the security of people with different sexual orientations and ways of life in Berlin.

Furthering change within the administration

16. The acceptance of sexual and gender diversity must be – in accordance with the charter of diversity, which was signed by the state of Berlin – an integrative part of the work of authorities and administrations in Berlin. Any form of discrimination and exclusion or of non-acceptance of sexual diversity has to be proscribed in a publicly visible way and has to be made a subject of discussion about the requirements for the acceptance of sexual diversity. Therefore, awareness has to be raised within the administration, starting with the heads of administration. The development of diversity directives for the public service is to be continued and completed. This also implies the consideration, to what extent pro-active job advertisements in the framework of employment corridors can enhance the LGBTTI-friendliness of the public service. The Senate will report to the House of Representatives by 31 December 2010, about which measures will have been developed and implemented in the main administrations in order to meet those high requirements.
17. It is to be ensured that the projects supported by the Senate or the Boroughs of Berlin pursue the acceptance of sexual and gender diversity in the focus of their work in a qualified and verifiable way. This not only applies to “classical” youth, education and sports projects – where such efforts are made for some time now – but especially for intervention instruments of Berlin’s neighbourhood management, of street work and emergency accommodation, emergency assistance services and refuges for battered people. Within the framework of the sponsorship of youth work there must be a special focus on gender-reflecting work mainly with young males. Standards are to be developed, to which the beneficiaries of public subsidies have to be committed in the framework of the allocation of subsidies. A quality management is to be developed which enables the supervision of the compliance with and the provision for the objectives of promoting acceptance of sexual diversity. It will be reported to the House of Representatives by 31 December 2010.

Improving the basis of knowledge

18. The Senate of Berlin is requested to implement measures to improve the empirical basis regarding the experiences of LGBTTI and the discrimination of sexual and gender diversity in Berlin. This includes the scientific and representative investigation of recorded and unrecorded offences of discrimination against the sexual diversity in our city. A broad investigation which analyses and reflects, over a long period of time, the various experiences of discrimination of LGBTTI in the public sphere and in their closer social environment, as well as the social causes of this discrimination, but also the effectiveness of measures for the protection and for the promotion of the acceptance of sexual diversity is to be initiated and sponsored. The Senate will report to the House of Representatives by 31 December 2010 about the preliminary results (approach and hypotheses) at this time.
19. The Senate of Berlin is requested to develop and implement measures aiming at the improvement of the cooperation between scientific institutions, the state of Berlin, and associations, initiatives, and agencies in order to improve the promotion of the acceptance of sexual diversity in civil society. This also is to be seen in comparison to strategies and experiences on an international level.

Fostering dialogue

20. The dialogue of the Senate with representatives of sports, the major churches, of religious groups and music, of associations of migrants’ self-organization in the field of the acceptance of sexual diversity is to be continued and continuously expanded. Inter-religious and integrative political initiatives, which promote the acceptance of sexual diversity, should be especially taken into account. The continuous and close exchange of state-wide focuses on anti-discrimination work, the pursuit of common campaigns, the overcoming of mutual knowledge deficits and the further development of a citywide anti-discrimination strategy is to be intensified. A broad participation of representatives of youth and community associations, music scenes, sports, religious associations, victim assistance, administration and politics is to be aimed for as far as possible.
21. Violence prevention and educational programs of the state of Berlin shall increasingly work towards the acceptance of different sexual orientations as well as sexual identities and clarify the relation to other forms of discrimination.
22. The Senate of Berlin is requested to promote a common city-wide campaign for acceptance. The aim should be to express with publicity effect the collective rejection of any forms of discrimination – if racism, homophobia and transphobia, islamophobia or anti-Semitism – and the collective commitment to the appreciation of diversity. For this purpose, it should be focused on the strengthening and encouragement of pro-activity, the learning of acceptance through argument and not indoctrination. It is to be reported to the House of Representatives by 31 December 2010.

Obtaining a nationwide breakthrough in legal equalization

23. The Senate of Berlin is requested to continue the support of initiatives for the legal equalization of people with different sexual orientations. Initiatives in the Bundesrat aiming at the completion of the equal treatment of marriage and civil partnership are to be initialized or supported. The same applies to the reparation of legal injustice (like convictions based on former § 175 StGB [German criminal code, translator’s note]) in both former German nations through rehabilitation and an adequate compensation. Senate and House of Representatives are required to get active in public debates about the reduction of discrimination against transgender and transsexuals and to advocate the realization of their right to self-determination within the framework of reforming federal law via the Bundesrat.

Ensuring public monitoring

24. The Senate of Berlin is requested to submit a preliminary report by 31 December 2009 in order to inform the House of Representatives about the progress of the initiative “Berlin stands up for self-determination and the acceptance of sexual diversity”. Through this, the support of the activities on all levels is enhanced, sensibility regarding this issue is enhanced, and public monitoring is enabled, which helps tracing deficits and developing ideas for their reduction. 
     

Reasons for the motion

Violence against and the exclusion of people with lesbian, gay, bisexual orientations as well as transsexuals and transgender are still an everyday phenomena in our city. Assaults and a high degree of rejection, which is shown in various studies, reveal that the efforts to counteract this discrimination have to be intensified. Positive change can only be caused by a broad and continuous process within the entire society. It is part of the basic decisions of Berlin’s policy and it is in accordance with the coalition agreement as well as the government’s policy guidelines to actively support this process.

Berlin has created a Centre For Equal Treatment – Against Discrimination (Landesstelle für Gleichbehandlung – gegen Diskriminierung, LADS), which has, besides protection from discrimination including discrimination based on sexual orientation, amongst other things, the function of enhancing acceptance of homosexual ways of life, reduction of prejudices against lesbians, gays, bisexuals, transsexuals, transgender, and intersexuals (LGBTTI), as well as the further development of an infrastructure for the promotion of lesbian/gay emancipation. For the purpose of these goals, several organizations are being supported. Partly in cooperation with these organizations, conferences, events, and other activities took and take place regularly. Senate and LADS are in a dialogue with religious communities and associations of migrants’ self-organization. Other supported projects address, for instance the reduction of prejudices in sports. Examples are the “Respect Gaymes” and the “Come Together Cup”. Furthermore, the LADS created a campaign for acceptance in the “Berliner Fenster” (“Berlin window”, onscreen advertisement in underground trains, translator’s note).

The police, in cooperation with civil society organizations, continuously carry out measures, which, inwards and outwards, conduce to the reduction of prejudices and the improvement of the trustful relationship between the police and LGBTTI. The police is the established local contact person for homophobic and transphobic crime caused by prejudices. For the creation of a working atmosphere free of prejudices within the administration, anti-discrimination bodies have been established. In the boroughs, initiatives have been taken by local deputies and borough councils, in order to change the atmosphere within the boroughs’ institutions in favour of sexual diversity.

Berlin is signatory of the “Charter of Diversity”. In the legal dimension, Berlin is precursor concerning the reduction of discriminations of homosexual ways of life and it advocates for the abolishment of remaining discriminations in the Bundesrat as well as in the dialogue with partner cities and on other occasions.

In spite of this broad commitment, it has become clear so far, that fundamental change in the acceptance of sexual diversity not only requires long and continuous operating, but also the expansion of the existing anti-discrimination work. Without extension, which tackles the right issues, one has to worry that the existing measures are not sufficient to sustain the process of social change, regarding the extent of rejection and violence against LGBTTI. Therefore, the House of Representatives approves a catalogue of measures, which seem to be promising.

With emphasis and persistence, we will continue to pay attention to the reduction of existing deficits and to the tackling of necessary changes.

Acceptance cannot be ordered. Berlin follows a broader and multi-dimensional approach, which supports the political, social and cultural actors of the civil society in their commitment to the acceptance of sexual diversity. They all are in demand when it comes to changing the atmosphere in our city in order to achieve a greater openness towards appreciation and acceptance of sexual diversity.

 
Concerning “Fostering education and elucidation”

The acceptance of difference emerges in the earliest years of children’s development and intensifies positively or negatively in the phase of the puberty. Education and learning, especially in school, plays a central role for the intermediation of acceptance. Here, children and adolescents get to know the cultural diversity in Berlin’s everyday life. Many steps of the own sexual development are directly and indirectly linked to the school. Also youth centres and nurseries have to satisfy the requirements of a modern education respecting diversity.

A transnational research report by ILGA Europe and IGLYO emphasizes that family and school are the spheres with the most adaptive difficulties for LGBTTI-adolescents. More than half of the interviewees report prejudices and discrimination in their families, two thirds report negative experiences in school. These are primarily expressed through intimidation (bullying) by other pupils in terms of ostracism, exclusion, but also physical assaults. But homophobic expressions by teachers are also mentioned, as well as missing active support by teachers or the concealment of LGBTTI-ways of life in class and in teaching material (see Takacs, Social exclusion of young LGBT People in Europe, Brussels 2006). Also children of lesbian mothers and gay fathers (so-called rainbow families) are affected by devaluation and exclusion through social ignorance concerning their way of family living.

The atmosphere in school is an indicator for the status quo of the sexual education. Notably is here, it has to be stated that all previous endeavours have not been sufficient to achieve a sustainable effect (see Jösting, Einarbeitungsprozesse männlicher Jugendlicher in die heterosexuelle Ordnung, in: Hartmann et al. (eds.), Heteronormativität. Empirische Studien zu Geschlecht, Sexualität und Macht, Wiesbaden 2007). Abuse with a homophobic and transphobic tenor is still part of conversations in schoolyards and classrooms in Berlin. Although bullying rarely is a public issue in our city, it takes place and sometimes it is perceived by the public. The coming-out also is an individual risk and many adolescents are forced to hide their sexual orientations. Discriminations and assaults consistently occur and they determine the predominant attitude in a school towards youths, who do not fit into hetero-normative categories and traditional gender constructions.

Normally, this reality is not sufficiently perceived and not adequately confronted in school. This is not a Berlin-specific phenomenon, as international experiences show: “As the biggest problem it is mentioned, that many schools not confront the challenge just because they think this represents a small problem, which affects only a minority of pupils” (Dankmeijer, Globale Pädagogische Zusammenarbeit für sexuelle Vielfalt, in: van Dijk / van Driel (eds.), Sexuelle Vielfalt lernen, Berlin 2008, p. 20 [original text in German, English version by translator]). In order to change this, different measures have to be implemented, which, in interaction, can induce a change of the existing situation. They all are meant to serve the strengthening of an educating, emancipatory, and courageous school practice.

Teachers are especially required to ensure children’s and adolescents’ social education and to stimulate and support the development of their own orientation. The framework directive A V 27 specifically aims at this goal in the sector of sexual education and provides a good basis for this purpose. Educationalists at Berlin’s schools are obliged to mediate the acceptance of sexual and gender diversity. The practical implementation of this directive does not meet the high ambitions related to it. This is for different individual reasons: a lack of sensibility, individuals or collectives being overstrained, a wrong perception of necessary reservation, or a lack of qualification for the specific field of sexual education. “The simple modification of the curricula is not enough (…), who wants to reduce the discrimination of minorities and to promote the respectful treatment also has to enable the personnel in this field, that means instruction and further education” (Timmermanns, Umgang mit Vielfalt in Erziehung und Beratung. in: van Dijk / van Driel (eds.), ibid., p. 60 [original text in German, English version by translator]). Within the framework of LISUM, no course related to this topic has been offered since the late 1990s, there was one course at the social pedagogic further education (SFBB) in autumn 2008. This clearly shows the existence of deficits in further education. They must be systematically reviewed and overcome.

An obligatory prescription to deal with this issue only exists, as the Senate itself reports, for the subject natural science / biology (see response of the Senate to the query Drs. 16/12 323 from 31 July 2008). This is far from enough. Social diversity must also become a subject in social sciences, as well as in lessons of ethics and history (for example by teaching the roots of the women’s, lesbian and gay movements), but also in languages and literature. Education of human rights and democracy in class is an outstanding opportunity to be concerned with difference and equality. The mediation of these topics is still insufficient or not existent. Changes require to be deliberately promoted. Also the offered support for teachers consists of publications rather than concrete methodological support and the provision of adequate and target group-specific educational approaches and materials for the practical tuition.

Finally, it must be pointed out the necessity to develop appropriate teaching approaches and materials which are available for the work in school and education. The administration for education has to ensure that the experience projects have gained during their work in this field are evaluated and that these projects and institutions are involved in the cooperation concerning the development of material and teaching approaches (diversity education, pedagogic of ways of life; see further down and the transcript of the hearing in the Committee of Home Affairs on the motion Drs. 16/1966 on 12 January 2009). In addition, the cooperation with parents can be geared to good practices that have been developed in the Federal Republic of Germany. The city of Munich (“Wir sind für dich da” [“We care for you”], see the internet source on http://www.muenchen.de/Rathaus/dir/gleichgeschlechtl/jugendliche), for instance, approaches parents in a coordinated way, informs them about the situation of LGBTTI-adolescents with a parents’ newsletter, provides information about consultation offers for parents and makes sure that young persons know where to find support and advice on their own.

It is necessary that the promotion of acceptance is accomplished by qualified teachers and that the coming-out of pupils as well as teachers is supported. In the first place, sexual diversity is to be made the subject of discussion in a straightforward manner and the competence of dealing with discrimination and conflicts in everyday life at school is to be strengthened. Specific measures of training and (further) education are no luxury, they must be obligatorily implemented and broadly perceived. For LGBTTI pupils there are almost no offerings at school, which is contrary to the USA (e.g. gay-straight alliances). Furthermore, there is a lack of contact persons for pupils but also for the teaching staff, in order to receive support and advice. This is also important for parents who possibly need support. Finally, it is required for civil society actors and for the administration to be able to approach concrete “contact points” in every single school. In fact, there must be the goal that every teacher is such a “contact point”. Currently, the practice in school is still far from that, so that it is still necessary to institutionalize at least one concrete responsibility within the context of school.

The promotion of acceptance of sexual diversity in school becomes even more important with regard to a successful HIV prevention. The high number of newly infected gay and bisexual men shows that the HIV prevention must be intensified and specified towards certain target groups. It is important that young people can accept their own sexuality, since only in this way, they can realize a successful and adequate prevention for themselves. Young bisexuals and gays can be, especially at the beginning of their sexual activity, not susceptible for messages of HIV prevention, when there is a dismissive climate regarding their sexual orientation. Therefore, the support of coming-out in school is an essential contribution to HIV prevention in this group (see Sander, Kontexte von HIV-Infektionen bei jüngeren schwulen Männern in Deutschland, AIDS-Forum, DAH 50, Berlin 2007).

There are still reports by education projects about the difficulties of finding access to the schools and to reach their target groups – both among the educators and in the school classes. Furthermore, it is often stated (see, for example, Wuttke et al., Homosexualität und Schule, Eine Studie zu Einstellungen und Sichtweisen von 850 Jugendlichen zum Thema Homosexualität, Berlin, Dezember 2003) that sexual education takes place insufficiently in spite of the high ambitions of Berlin’s curricula, that there is a lack of sensibility towards the needs of adolescents in their phase of sexual orientation, and that discriminations are ignored. Again and again it is pointed out that LGBTTI pupils do not receive any support in situations of discrimination, that they hide their orientation and that they have to deal with situations of pressure related to this on their own. The suicide rate of lesbian and gay adolescents is four to six times higher (see Schupp, Sie liebt sie. Er liebt ihn. Berlin 1999, im Auftrag der Senatsverwaltung für Schule, Jugend und Sport; as well as comparable figures for Austria in Faistauer / Plöderl, Out in der Schule, Salzburg 2006) than the rate of heterosexuals of the same age, which is the second important cause of death for adolescents generally. Within the group of young homeless people, LGBTTI are also represented above average. If already the parents’ house is not a safe place, then one can rarely expect help at school. This situation has to be changed.

During the education it is often reported by students that there is a huge gap between ambitions and reality concerning the discussion of social heterogeneity and diversity, the straightforward tackling of conflicts and the promotion of acceptance for different sexual orientations. The competences of the advisory and educational projects, which have developed and established in recent years in this field, are, following their own information, not made use of, even though they provide many useful experiences which cannot be found elsewhere. The recourse to services of sexual advice (see response of the Senate to the query Drs. 16/12 323 from 31 July 2008) does simply not suffice in the manifold present world, in order to ensure the students’ comprehensive acquisition of competences. Therefore, it is necessary to make use of the possibilities of the university to exert influence, in order to achieve a perceptible opening and to emphasize the relevance of this topic for the city politics.

It cannot simply be ordered to implement the promotion of acceptance. It has to be altered through the change of the climate within the context of school or educating institutions, whereas it is required to enhance the ability of the educational system to self-reflection. This can happen by means of different measures. For example, information material, which addresses specific target groups is required and is to be provided with low thresholds. Good experiences and methods must set precedents, therefore, open exchange is needed. Self-confident LGBTTI adolescents, who stand by their identity, are very important ambassadors for sexual and gender diversity within their social environment. Strengthening them requires that their self-organized formations (youth alliances and associations) can be present in schools without major obstacles (empowerment).

Because there are schools, which deal in an exemplary way with the promotion of acceptance of sexual diversity, developing a general principle based on best practice experiences (especially concerning the consolidation of more comprehensive anti- discrimination approaches, as for example within the framework of “Schule ohne Rassismus” [“School Without Racism”]) is to be set about. By this, the influence of innovative educational institutions can be enhanced significantly. Finally, besides incentives (awards, competitions for the most successful initiatives, relevance of the school profile), it should be ensured that school supervision and school inspection pay more attention to the processes of promoting acceptance with regard to different ways of living and loving.

The same applies to public or private youth centres and day-care centres for children. Also here it has to be managed to achieve a successive change through – besides linking the public subsidies to adequate requirements and standards – incentives and motivation, but also through public control. Sexual diversity is an issue which has to be handled in a straightforward manner. Obviously, this is hitherto not sufficiently the case, even though the employees see themselves as open and accepting towards LGBTTI. There is simply a lack of special awareness for the necessity of effective strategies (see for example Kleyböcker, Vielfalt fördern – wie lsbt-freundlich sind Jugendhilfe und Schule? Untersuchung zum Umgang mit lesbischen, schwulen, bisexuellen und transgender Lebensweisen in jugendrelevanten Einrichtungen in Lichtenberg von Berlin, Berlin 2007). This is to be changed. Also the Senate considers the dealing with the issue of sexual diversity to be required only “in necessary cases” (see response of the Senate to the query Drs. 16/12 066 from 27 Mai 2008), without expressing when the necessity is given or not. The parliamentary groups of the coalition are have the opinion that it is actually required anywhere and anytime that Berlin’s youth centres deal with sexual diversity within their pedagogic concepts. Educators are especially required to socially educate children and adolescents and to encourage and support the development of their own orientation. The youth centres in Berlin have to be rooms free of discrimination, where LGBTTI are not let alone with their problems and which they otherwise might avoid visiting (or they would keep their sexual orientation secret), but rather where they feel taken seriously and where they go knowing that they do not have to keep their sexual orientation secret.

The promotion of acceptance also results from the visibility of history in the cityscape. In Berlin, the lesbian and gay movement has its places as well as the commemoration remembrance of the persecution and the oppression of people with the “pink angle”. These places make Berlin’s traditions visible, they enable admonition, but also historical learning. They are places of arts, of the history, of the movement. Thus, the new memorial for the homosexuals persecuted by the Nazis, has been quickly accepted as an important symbol of the communities in our city. But also the gay museum and the archive “Spinnboden” document history – in this case the history of the complicated interrelationships of hiding and emancipation, of movement and the emergence of lesbians and gays. The SonntagsClub [“Sunday club”], for example, is not only a meeting point and place for advice, but it is by now an institution itself. Here, history is filled with life, but also discussed in a new way and made visible. Since last year, Berlin has a “Magnus-Hirschfeld-Ufer”, an initiative campaigns for a memorial, also the Institute for Sexual Sciences – disgraced by the Nazis – should find a worthy successor. All these initiatives are important, they are an expression of self-confidence and they make the acceptance of sexual and gender diversity perceptible in the cityscape. Quite often, these initiatives came from committed Berliners, but they need public support and sponsorship in order to ensure a sustained existence. The Senate and the state, but also the boroughs have the duty to help as far as possible.

Finally, it is needed to cope with the diversity of sexual identities and orientations elsewhere in everyday life. For example, the issue of “elderly LGBTTI” is hardly paid attention to in the public discourse, this is for two reasons: because of the ignorance towards the ageing society and because of the ignorance towards LGBTTI ways of life. Berlin has begun to pay special attention to this aspect of the diversity of ways of life. This must be continued, using the best endeavours.

 
Concerning “Fighting violence, and prejudice-motivated crime”

Prejudice-motivated offences, which are expression of lacking acceptance of sexual diversity, are still committed in Berlin. Even though reliable empirical statements are not possible, it can be asserted that many (potentially) affected people are no longer willing to accept this without opposition. This is good and totally supported by us. It is important to raise public attention when it comes to such offences, and to make sure that the sensibility for discrimination of different sexual orientations is growing within the city’s society. Furthermore, all opportunities must be exploited in order to counteract those offences. In addition, all measures must be considered, which conduce to the increase of the individual feeling of security and support moral courage and self protection. Actors of civil society who are competent and strong are the best guarantee for preventively counteracting attitudes of prejudice and offences following those attitudes. We consider the submitted amendment to be an impulse for a broad catalogue of measures of the state of Berlin, aiming at supporting this process.

Given the lack of an empirical basis for the development of offences related to prejudice-motivated crime against sexual diversity, it is required to undertake more precise investigations. Therefore, however, the inclusion of the attribute “offences against sexual orientation” as a subsection under the category “hate crime” in the PKS is suitable only to a limited extent as the criminal investigation registration service – political motivated crime (KPMD-PMK) already allows for such an inclusion. In any case, the statistical coverage requires the report of the victim. However, the dark figure is exceedingly high, especially for insults and minor personal injuries (see response of the Senate to the query Drs. 16/11 419 from 11 January 2008), because in many cases, the offence is not reported. Many affected people worry that when they report a crime, further discriminations can follow; some are legitimately interested in not revealing their sexual orientation to the investigating institutions. Here, confidence building can help on one hand, education on the other. After all, it is to be respected that victims are not interested to reveal their sexual orientation to third persons when it comes to the criminal proceedings. In case of conflict, this interest must have priority over the demand for penalty by the state. Nevertheless, we suggest examining – considering these aspects –, if and which criminological gain of knowledge could result from such a statistical categorization within the framework of the criminal statistics of the police (PKS) beyond the existing statistical coverage (“hate crime”, subsection “sexual orientation”) within the KPMD-PMK. We do not see this gain of knowledge at the moment, but we are open for substantive reasons to regard this coverage as reasonable.

Internet-based enquiries and statistics of victim assistance are not a reliable basis for quantitative or qualitative evidence to the development of prejudice-motivated crime against sexual diversity, either. Therefore, such evidence must be gained by means of representative and scientific studies (see also the section “Improving the basis of knowledge”). Generally, such studies are rare on an international scale. Here, Berlin would be the precursor.

For some years now, the Berlin Police intensively works towards ensuring more knowledge and sensibility when dealing with the concerns of LGBTTI. The contact persons for homosexual ways of life are at the disposal of affected people and associations not only as part of the network for education and the promotion of acceptance. They also care for a high level of knowledge in the field of sexual diversity through instruction and further education. Since 1998, 4,000 policewomen and –men have been reached by those educational measures. In certain important departments, further trainings take place regularly. The President of the Berlin Police, finally, has repeatedly clarified in the public, that he does not accept defamation and discrimination of different ways of life without consequences. This straightforward tackling is exemplary for other administrations; this is to be continued and extended.

Generally, offences are to be prosecuted, investigated, accused, charged and punished consequently and as quickly as possible. Prejudice-motivated offences against sexual diversity or the (assumed) sexual orientation of the victim are no exemption here. There is no evidence for the fact that there are any special deficits in the state of Berlin in this regard (see also the transcript of the hearing in the Committee of Home Affairs on the motion Drs. 16/1966 on 12 January 2009).

The existent criminal law and law of criminal procedure provide – when applied forcefully – all opportunities for the prosecution of those delicts. Especially, the prohibition of the dismissal of criminal proceedings according to §§ 153 ff. StPO [German law of criminal procedure, translator’s note], which is suggested in the motion Drs. 16/1966, is an illusory measure (apart from the practicability and the enforceability), since making use of different legal instruments by public prosecutors and courts is a reasonable way to ensure appropriate and equitable prosecution in each individual case. This also implies the possibility of a (conditional, if necessary) dismissal. Making every prejudice-motivated offence, which has been categorized as a “hate crime”, subject of public prosecution (the proposer of Drs. 16/1966 has not clarified which of the two goals is aimed at), is also counterproductive. Sometimes, the victim might not even be interested in a prosecution of a reported crime. This is to be respected.

Moreover, it is up to the independent courts to decide in every individual case, which is the adequate reaction to a specific crime within a specific context. This should not be changed, since such a quasi-extension of the criminal law along with the use of undefined legal terms (“prejudice-motivated”) can imply unintended consequences from the perspective of those people who advocate sexual diversity. In the United States, such a tightening of the criminal law went along with a massive restriction of the interior liberality and a social “climate change”. Both turned out to have a negative impact on the appearances of sexual diversity, which have been seen as immoral or as threatening traditional values in the majority of the society (see Butler, Zur Politik des Performativen. Hass spricht, Berlin 1998, p. 99). Therefore, we refuse these suggestions made in the initial motion. The alternative we favour is to focus our considerations and efforts on measures aiming at the increase of sensibility of the servants of the administrations related to criminal prosecution.

An important aspect of the increase of the peoples’ willingness to report crime is the reduction of the fear, that criminal prosecution and proceedings might lead to further disadvantages. This can be counteracted by reducing the causes for negative experiences, which can manifest such fears. In a way, a “victim protection check” is required when it comes to a criminal prosecution. For example, the worry of the victims of racist, anti-Semitist or sexist offences to be offended again is based on real experiences, because the home address of the reporting person is visible in the file and therefore indirectly accessible to the offenders. Hence, it is to be considered how it can be ensured that the addresses of victims are not made accessible to the assumed offenders – for example by using contact addresses which are not identical to the officially registered address.

Finally, victim assistance is to be expanded and further qualified, whereas the needs of all victims of prejudice-motivated offences against sexual diversity are to be taken into account equally. For this reason, networking and obligatory cooperation of all publicly supported offers of victim assistance, which leads to the formulation of common standards, has to be established.

Empirically, the large majority of the offenders of prejudice-motivated crime are male and are characterized by a socialization and ideas of the society, which are authoritarian and hetero-normative. This shows that there is no alternative to education and elucidation – that means working on the level of attitudes, before it comes to offences –, if something is done effectively for the prevention of offences against the (assumed) sexual orientation. This great importance of primary prevention, which overlaps with the general education and with the establishment of an open atmosphere in the public sphere (see Empfehlungen der Arbeitsgruppe Primäre Prävention von Gewalt gegen Gruppenangehörige, Deutsches Forum für Kriminalprävention, 2003, as well as the Endbericht, ibid., and the reasons concerning “Fostering education and elucidation”) must be emphasized again and again.

 
Concerning “Furthering change within the administration”

Straightforward and consequent acting against any form of discrimination, as well as education and establishment of a tolerant atmosphere, which discourages discrimination – these are the best means for working towards the acceptance of sexual diversity in an exemplary way. Berlin’s administrations have the duty to work as good example. There is still much to do, but the following is essential: tolerance cannot be ordered, it must be developed out of the ability of the administrations to self-reflection and to the examination of the existing deficits in the particular parts of the administration. In this context, the coalition agreement between the Berlin regional associations of SPD and DIE LINKE for the legislature 2006-2011 emphasizes the goal of developing diversity directives for the public service. We refer in this context to the duties of § 12 sec. 1 and 2 AGG [Allgemeines Gleichbehandlungsgesetz / General law of equal treatment, translator’s note].

This begins at the top of every administration. We want to support the development of measures, which are educative, promote acceptance, and which take the status quo in every administration into account. There is no ideal way to do this, a process of changing oneself must be initiated, which requires great effort and patience.

This also applies to projects and organizations, which are subsidized by the public budget of the state of Berlin. We want to secure that the allocation of financial means is linked to standards, which ensure the promotion of acceptance. Of course, the compliance of these standards must be subject of control, which requires an adequate quality management in every body that allocates or controls the allocation of subsidies. This implies that in those places, sensibility, knowledge and atmosphere must meet the requirements mentioned above.

 
Concerning “Improving the basis of knowledge”

The scientific research on sexual diversity is under-represented in the German scientific landscape (see Initiative Queer Nations, In unserem Namen, Berlin 2006). There is, for example, a lack of valid studies on the acceptance of sexual diversity within the group of young and adolescent people. However, some studies indicate that especially homosexual adolescents still have substantial problems to get to their coming-out with self-confidence and without fears. Because “the majority of adolescents must manage the process of their internal coming-out without contact to other gays” (see Biechele / Reisbeck / Keupp, Schwule Jugendliche, Hannover 2001, as well as Watzlawik, Uferlos?, Aachen 2004).

Mostly, the experiences of exclusion, which LGBTTI suffer, are lesser in cities than in rural areas. However, also in the metropolis of Berlin, conflicts between culturally divergent ideas occur, for example when religious or cultural communities reject certain sexual orientations. The scientific coverage of these conflicts is only rudimental and fragmentary. The political actors must be able to adequately react to these conflicts. There are only non-representative scientific reflections about these conflicts so far. For example, the study by Simon “Einstellungen zur Homosexualität: Ausprägungen und sozialpsychologische Korrelate bei Jugendlichen mit und ohne Migrationshintergrund” of the year 2007 (see the essay by Simon in Zeitschrift für Entwicklungspsychologie und Pädagogische Psychologie, Vol. 40 (2) 2008, pp. 87 ff.) shows that more than half of the interviewed adolescents perceive a kiss between two men as repellent. There is much indication for substantial problems with the acceptance of sexual diversity, which obviously is the result of intercultural gender-related power relations, traditional constructions of masculinity and patriarchal structures. Similarly, there is a lack of valid data – beyond the development of attitudes – about the development of discriminating treatments and their dark figure (see above). Almost unexplored is the exclusion and discrimination of lesbians and of elderly LGBTTI; additionally, it is necessary to pay special attention the investigation of the living conditions of transgender persons for the first time. These qualitative and quantitative data should be collected for Berlin by means of a broad study, which exposes the discrimination of LGBTTI in Berlin in every age group and which delivers substantive results concerning the causations and interrelations.

The development of such studies can also be useful for enhancing the sensibility for phenomena of discrimination and their causes through accompanying forums and therefore strengthening the integrative potential in the social space.

Moreover, it is to be worked towards the goal, that Berlin’s research institutions – in collaboration with civil society actors and the public administrations – dedicate themselves to the investigation of this territory more intensely and more focussed on certain individual aspects (see, for example, for open question in research and practical implementation of pedagogic approaches, Empfehlungen der Arbeitsgruppe Primäre Prävention von Gewalt gegen Gruppenangehörige – insbesondere junge Menschen –, Deutsches Forum für Kriminalprävention, 2003). Surely, the examination of approaches and political strategies in the area of the promotion of sexual diversity in other European and international cities is also informative. However, all this will not get done by itself but it needs the appeal and the initiation through the effort by the state of Berlin.

 
Concerning “Fostering dialogue”

In Berlin, many governmental and non-governmental institutions are committed to realize a culture of respect also in everyday life. With the Centre For Equal Treatment, Berlin possesses a central body for the coordination and the promotion of these activities. Additionally – without saying that there is nothing to do anymore –, a new sensibility regarding the promotion of the acceptance of sexual diversity has developed, which has been unthinkable a few years ago. For example, the education concerning questions of sexual diversity in Berlin schools has been refused by members of the Senate in the 1990s, because this would have led to the conveyance of “wrong” values and to the questioning of the conventional picture of gender and family role models. Much has been achieved in the meantime.

However, it is important to continue and to extend the discourse with all relevant actors in the society concerning the promotion of the acceptance of sexual diversity. Especially those social actors are challenged, which still represent the “strongholds of hetero-normativity”. Churches and religious communities, but also sports clubs still have – regardless of promising first steps – a lot to achieve. It should not be demanded an avowal of sympathy for the different forms of sexual diversity from the actors. Rather, the basic standard of human rights and a positioning for acceptance and respect, for the physical integrity and the right to organize the individual life according to one’s own criteria for values and acting is decisive. Much would be achieved by a common agreement on such a comprehensive consensus. Moreover, phenomena of discrimination of sexual orientations must not be regarded separately from other phenomena of exclusion and discrimination, which interact and sometimes even amplify one another – such phenomena are to be regarded and counteracted coherently. Therefore, it is to be paid more attention to the aspect of multiple discriminations in the debate.

Mainstream sports are a very important sphere of activity concerning the work towards more acceptance. Here, LGBTTI are still too often excluded (see Eggeling, Schwule und Lesben im Abseits. Fußball als Hort der Heterosexualität, Queer Lectures, 1-4/2008, p. 47 ff.). In the stadiums, “gay” is still regarded as a swear word. Persons, who defy heterosexual norms in clubs and teams, are subject of exclusion and discrimination processes. The football club Türkiyemspor shows that it is possible to confront these processes effectively. And Berlin’s football club Hertha BSC already has a LGBTTI supporters’ club, which does not hide in the stadium. There are still deficits concerning the link between financial support and the proof of relevant programs and activities (see response of the Senate to the query Drs. 16/12 067 from 30 May 2008). By other means than soft pressure we cannot enhance sensibility, because the existing atmosphere in mainstream sports does not provide any good conditions for putting this issue on the agenda of associations, unions, clubs, and initiatives. Because in case of doubt, LGBTTI people simply do not go to places where they have to fear discrimination.

Within the framework of “Demokratie. Vielfalt. Respekt. Die Berliner Landeskonzeption gegen Rechtsextremismus, Rassismus und Antisemitismus” [“Democracy. Diversity. Respect. Berlin’s Conception against Right-wing Extremism, Racism, and Anti-Semitism“], acceptance and respect are picked and publicly supported as central issues of the promotion of acceptance. With the integration concept, Berlin has one more program for the promotion of respect and acceptance, which is unique throughout the country and which follows a broad approach and applies a variety of instruments. These programs provide a good basis for other activities and measures to build on. Everything must be done to establish the promotion of acceptance for sexual diversity as part of the general promotion of acceptance and tolerance for different ways and conceptions of life. With some worry, we notice tendencies in the political sphere and within the variety of communities to campaign for the promotion of acceptance of sexual diversity at the expense of other marginalized or structurally disadvantaged communities. This temptation must not only be resisted, it must be counteracted resolutely.

Since 2007, the working group “Acceptance of homosexual ways of life in migrant communities” is in place, which carries out important initiatives in the field of homophobia and racism and which builds networks between the associations of lesbian, gay and transgender migrant communities. The Landesbeirat für Integration und Migration [Advisory Board for Integration and Migration] has, for the time its existence, been addressing questions of racism and homophobia and has taken up a stance on LGBTTI people’s ways of life – and this was unique throughout the nation. Additionally, the Muslim organizations in Berlin have stated in a first positioning in 2008, that different views do not justify any forms of discrimination or even violence. Events, conferences, and expert discussions related to the field “religions – sexuality – gender” are part of the regular forums of exchange in our city. This is to be continued in order to strengthen the idea of tolerance with each other and the acceptance of sexual diversity. With the “Berliner Verpflichtung” [“Berlin’s Commitment”] of the Berliner Ratschlag für Demokratie [Berlin Counsel for Democracy], participants of the counsel have admitted to the necessity of mutual respect for being different as a basis for exchange and dialogue. This networking and cooperation is to be continued and expanded. Additionally, the efforts for the promotion of acceptance and anti-discrimination, which partly exist simultaneously, have to be linked more closely and harmonized with each other.

The Senate and the boroughs support initiatives and projects, which work against homophobia, transphobia and racism. Within this framework, the support of projects and initiatives of migrants’ self-organization is of special importance. This is a starting point, which needs to be further intensified. Low-threshold offers and advisory services for migrants, who are looking for their sexual orientation, have to be further sponsored and supported, their existence and has to be made public in the broad community. The strategy to help especially those people, who – as migrants and LGBTTI – are subject to double discrimination, by means of education and advice, of assistance and support, is right and is to be further developed.

Finally, campaigning is an important component of the promotion of tolerance and acceptance. This will be successful, if it does not appear as a pure advertising campaign which tries to teach the observers, but if is conceived as an impetus for own initiative and self-reflection of the own thinking and acting, and if it is conveyed by networks of initiatives, projects and administrations, which bring together different perspectives and facets. In this spirit, the state of Berlin should get active.

 
Concerning “Obtaining a nationwide breakthrough in legal equalization”

Berlin has nearly exhausted its entire room for manoeuvre on the state level for the legal equalization of marriage and civil partnership. By this year, this chapter will be closed for Berlin.

On the federal level, the actual state of affairs is a different one. The federal legislator has – contrary to other EU member states – not opted for an extension of the institution of marriage, but has created a new institution. It is now, little by little, sought to achieve equalization, in small steps and against still considerable resistance primarily coming from the conservative side of political and social life. Additionally, the European measures for anti-discrimination are deferred, undermined and impeded in Germany.

Berlin will continue its effort in the Bundesrat and in public debates to overcome this practice, to realize equalization, and to effectively counteract discriminations. In the same way, Berlin gets active in order to advocate other concerns of LGBTTI as for example, the modernization of the law of civil status and the law of naming.

The rehabilitation and compensation of people, who were charged according to § 175 StGB in both German states, is overdue. The progressive way to the future can induce a sustainable impact on the social climate only if the dark sides of the past and their continuing impact on the present are overcome.

 
Concerning “Ensuring public monitoring”

Many initiatives in our city are active and experienced with the promotion of acceptance of sexual diversity and self-determination. They know the strengths and weaknesses; they can bring in their commitment and their ideas. Supporting them requires public sponsorship, which does not necessarily have to consist of money.

The initiation of changes and the stimulation of the debate are easier, when they take place within a climate of public concern and when the places of exchange, which are available for this purpose, are effectively made use of in order to realize the ambitious goals. Ambitious goals require a lot of time, hence, long periods of time have been allowed for the reports. However, it is reasonable that it is reported on the state of affairs already by the end of 2009 in the form of a preliminary report or a concept, in order to clarify what has been initiated and what is planned to implement the changes formulated in this motion. Then, this can be discussed and the results of this debate can be incorporated into the further working process. Also this motion has been revised and qualified with the support of many initiatives. It is essential that these experiences are taken into account for the further implementation of the initiative “Berlin stands up for self-determination and sexual diversity”.

 
Susann Engert and Dr. Felicitas Tesch
for the parliamentary group of the SPD 

Dr. Klaus Lederer and Steffen Zillich
for the parliamentary group of Die Linke