WISSEN FÜR DIE PRAXIS HUMAN DIGNITY IS INVIOLABLE Fundamental rights in Germany Articles 1-19 of the Basic Law for the Federal Republic of Germany EN
WISSEN FÜR DIE PRAXIS HUMAN DIGNITY IS INVIOLABLE Fundamental rights in Germany Articles 1-19 of the Basic Law for the Federal Republic of Germany EN
4 Die Grundrechte Double anniversary: 75 years of the Basic Law – 75 years of WALHALLA Fachverlag On 23 May 2024, the Basic Law of the Federal Republic of Germany will be 75 years old. It is the foundation of our state, of our coexistence, in which it lays down fundamental principles such as democracy, the rule of law and the welfare state. The constitutional legislator deliberately placed fundamental rights at the beginning of the Basic Law; they begin with the sentences in Article 1: „Human dignity is inviolable. It is the duty of all state authority to respect and protect it.“ This is followed by other important rights such as the fundamental right to life, equality before the law, freedom of religion and belief, freedom of expression, freedom of assembly, the secrecy of correspondence, post and telecommunications, the right to choose one‘s profession freely and the right to property. These fundamental rights (Art. 1-19) are a core component of our free and democratic basic order. In an increasingly diverse society, these rights to freedom and equality are fundamental to peaceful coexistence and democratic coexistence. Die Grundrechte 5 It is no coincidence that the birthday of WALHALLA Fachverlag coincides with the birth of the Basic Law. Since the founding of the Federal Republic of Germany 75 years ago, we have been publishing current legal texts, commenting on them and categorising them for you. Practical and legally compliant. To mark this special double anniversary, we have summarised the basic rights for you in a small, bilingual pocket-sized brochure. You can also download the brochure digitally from our website at www.WALHALLA.de/75-Jahre. We hope you enjoy reading it! Yours, WALHALLA Fachverlag
Die Grundrechte 7 6 Die Grundrechte Table of contents PREAMBLE I. Fundamental rights Article 1 (Protection of human dignity) Article 2 (Freedom of the individual) Article 3 (Equality before the law) Article 4 (Freedom of belief and religion) Article 5 (Freedom of expression) Article 6 (Marriage, family, children born out of wedlock) Article 7 (Education) Article 8 (Freedom of assembly) Article 9 (Freedom of association) Article 10 (Secrecy of correspondence and postal services) Article 11 (Free movement of persons) Article 12 (freedom to practise) Article 12a (Conscription, alternative service) Article 13 (Inviolability of the home) Article 14 (Property, succession and expropriation) Article 15 (Socialisation) Article 16 (Naturalisation, extradition) Article 16a (right of asylum) Article 17 (Right of petition) Article 17a (Military service, alternative service) Article 18 (forfeiture of fundamental rights) Article 19 (Restriction of fundamental rights) Basic Law PREAMBLE Conscious of its responsibility before God and man, inspired by the will to serve world peace as an equal member in a united Europe, the German people have given themselves this Basic Law by virtue of their constitutional authority. The Germans in the states of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have completed the unity and freedom of Germany in free self-determination. Thus, this Basic Law applies to the entire German people.
Die Grundrechte 9 8 Die Grundrechte Fundamental rights in Germany Articles 1-19 of the Basic Law for the Federal Republic of Germany Article 1 (Protection of human dignity) (1) Human dignity is inviolable. It is the duty of all state authority to respect and protect it. (2) The German people therefore recognise inviolable and inalienable human rights as the basis of every human community, of peace and of justice in the world. (3) The following fundamental rights shall bind legislation, executive power and jurisdiction as directly applicable law. Article 2 (Personal freedom) (1) Everyone has the right to the free development of his personality, provided that he does not violate the rights of others and does not offend against the constitutional order or the moral law. (2) Everyone has the right to life and physical integrity. The freedom of the person is inviolable. These rights may only be infringed on the basis of a law. Article 3 (Equality before the law) (1) All persons are equal before the law. (2) Men and women shall have equal rights. The state shall promote the effective realisation of equal rights for women and men and shall work towards the elimination of existing disadvantages. (3) No person shall be discriminated against or favoured on grounds of sex, descent, race, language, homeland and origin, creed, religious or political opinion. No one may be discriminated against on the grounds of disability. Article 4 (Freedom of faith and conscience) (1) Freedom of faith, freedom of conscience and freedom of religious and philosophical belief shall be inviolable. (2) The undisturbed practice of religion shall be guaranteed. (3) No one may be compelled to perform military service with arms against his conscience. The details shall be regulated by federal law. Article 5 (Freedom of expression, arts and science) (1) Everyone shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the
Die Grundrechte 11 press and freedom of reporting by radio and film shall be guaranteed. There shall be no censorship. (2) These rights shall be limited by the provisions of general law, the statutory provisions for the protection of youth and the right to personal honour. (3) Art and science, research and teaching shall be free. The freedom of teaching does not release from loyalty to the Constitution. Article 6 (Marriage, family, children) (1) Marriage and family are under the special protection of the state order. (2) The care and upbringing of children are the natural right of parents and their primary duty. The state community shall supervise their activities. (3) Children may only be separated from the family against the will of the legal guardians on the basis of a law if the legal guardians fail or if the children are in danger of being neglected for other reasons. (4) Every mother shall be entitled to the protection and care of the community. (5) Legislation shall create the same conditions for the physical and emotional development of illegitimate children and their position in society as for legitimate children. 10 Die Grundrechte Article 7 (School system) (1) The entire school system shall be under the supervision of the State. (2) The legal guardians shall have the right to decide on the child‘s participation in religious instruction. (3) With the exception of non-denominational schools, religious instruction shall be a regular subject in public schools. Notwithstanding the state‘s right of supervision, religious instruction shall be given in accordance with the principles of the religious communities. No teacher may be obliged to teach religious education against his or her will. (4) The right to establish public schools shall be guaranteed. Public schools replacing public schools shall require the authorisation of the State and shall be subject to the laws of the Land. Authorisation shall be granted if the public schools are not inferior to public schools in their teaching objectives and facilities and in the academic training of their teaching staff and if they do not promote the segregation of pupils according to the property status of their parents. Authorisation shall be refused if the economic and legal position of the teaching staff is not sufficiently secure. (5) A private primary school shall only be permitted if the education administration recognises a special
Die Grundrechte 13 pedagogical interest or, at the request of legal guardians, if it is to be established as a community school, a denominational or ideological school and a public primary school of this type does not exist in the municipality. (6) Pre-schools remain cancelled. Article 8 (Freedom of assembly) (1) All Germans shall have the right to assemble peacefully and without arms without registration or authorisation. (2) For assemblies in the open air, this right may be restricted by law or on the basis of a law. Article 9 (Freedom of association) (1) All Germans have the right to form associations and societies. (2) Associations whose purposes or whose activities contravene the criminal law or which are directed against the constitutional order or against the idea of international understanding shall be prohibited. (3) The right to form associations for the protection and promotion of labour and economic conditions is guaranteed for everyone and for all professions. Agreements which restrict or seek to impede this right shall be null and void, and measures aimed 12 Die Grundrechte at this shall be unlawful. Measures pursuant to Articles 12a, 35 (2) and (3), Article 87a (4) and Article 91 may not be directed against industrial action taken to safeguard and promote the working and economic conditions of associations within the meaning of the first sentence. Article 10 (Secrecy of correspondence, post and telecommunications) (1) The secrecy of correspondence and the secrecy of post and telecommunications shall be inviolable. (2) Restrictions may only be imposed on the basis of a law. If the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land, the law may provide that the person concerned shall not be notified of it and that review by organs and auxiliary organs appointed by the People‘s Representation shall take the place of legal recourse. Article 11 (Freedom of movement) (1) All Germans shall enjoy freedom of movement throughout the territory of the Federal Republic. (2) This right may be restricted only by law or on the basis of a law and only in those cases in which there is no sufficient basis of subsistence and the general
Die Grundrechte 15 public would incur special burdens as a result, or in which it is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or of a Land, to combat the danger of epidemics, natural disasters or particularly serious accidents, to protect young people from neglect or to prevent criminal offences. Article 12 (Freedom to choose an occupation) (1) All Germans shall have the right freely to choose their occupation, place of work and place of training. The exercise of an occupation may be regulated by law or on the basis of a law. (2) No one shall be compelled to perform any particular work except under a conventional general public service obligation which is the same for all. (3) Forced labour is only permissible in the case of a court-ordered deprivation of liberty. Article 12a (Compulsory military service, alternative service) (1) From the age of eighteen, men may be required to serve in the armed forces, in the Federal Border Guard or in a civil defence organisation. (2) Anyone who refuses military service with a weapon for reasons of conscience may be required to per14 Die Grundrechte form alternative service. The duration of alternative service may not exceed the duration of military service. The details shall be regulated by a law which may not impair the freedom of conscience and must also provide for the possibility of alternative service which is not connected with the armed forces or the Federal Border Guard. (3) Conscripts who are not called up for service in accordance with subsection (1) or (2) may, in the event of defence, be obliged by law or on the basis of a law to perform civilian services for the purposes of defence, including the protection of the civilian population, in employment relationships; obligations in employment relationships under public law are only permissible for the performance of police duties or such sovereign duties of public administration that can only be performed in an employment relationship under public law. Employment relationships pursuant to sentence 1 may be established in the armed forces, in the area of their supply and in the public administration; obligations in employment relationships in the area of supplying the civilian population are only permissible in order to cover their vital needs or to ensure their protection. (4) If, in the event of defence, the need for civilian services in the civilian medical and healthcare system
Die Grundrechte 17 and in the stationary military hospital organisation cannot be met on a voluntary basis, women from the age of eighteen to fifty-five may be called up for such services by law or on the basis of a law. Under no circumstances may they be required to serve with a weapon. (5) For the period prior to a state of defence, obligations under paragraph 3 may only be established in accordance with Article 80a paragraph 1. In preparation for services under paragraph 3 for which special knowledge or skills are required, participation in training courses may be made compulsory by law or on the basis of a law. Sentence 1 shall not apply in this respect. (6) If, in a state of defence, the need for manpower in the areas referred to in subsection (3), second sentence, cannot be met on a voluntary basis, the freedom of Germans to give up their profession or employment may be restricted by law or on the basis of a law in order to meet this need. Prior to the occurrence of a state of defence, paragraph 5 sentence 1 shall apply accordingly. Article 13 (Inviolability of the home) (1) The home shall be inviolable. (2) Searches may be ordered only by the judge or, in 16 Die Grundrechte case of imminent danger, by the other organs provided for by law and may be carried out only in the manner prescribed therein. (3) If certain facts give rise to the suspicion that a person has committed a particularly serious criminal offence specified by law, technical means for acoustic surveillance of dwellings in which the accused is presumed to be present may be used to prosecute the offence on the basis of a court order if investigating the facts in any other way would be disproportionately difficult or futile. The measure must be limited in time. The order shall be issued by a panel of three judges. In the event of imminent danger, it may also be issued by a single judge. (4) In order to avert urgent threats to public safety, in particular a common danger or a danger to life, technical means may only be used to monitor homes on the basis of a court order. In the event of imminent danger, the measure may also be ordered by another authority designated by law; a court order must be issued immediately. (5) If technical means are intended exclusively for the protection of persons working in homes, the measure may be ordered by a body designated by law. Any other use of the information obtained in this way shall only be permitted for the purposes of
Die Grundrechte 19 criminal prosecution or averting danger and only if the legality of the measure has first been established by a court; in the event of imminent danger, the court‘s decision shall be obtained without delay. (6) The Federal Government shall inform the Bundestag annually of the use of technical means pursuant to subsection (3) and of the use of technical means within the sphere of competence of the Federation pursuant to subsection (4) and, insofar as judicial review is required, pursuant to subsection (5). A body elected by the Bundestag shall exercise parliamentary oversight on the basis of this report. The Länder shall ensure equivalent parliamentary scrutiny. (7) Interventions and restrictions may otherwise only be carried out to avert a common danger or a danger to the life of individual persons, on the basis of a law also to prevent urgent dangers to public safety and order, in particular to remedy the shortage of space, to combat the danger of epidemics or to protect young people at risk. Article 14 (Ownership, inheritance and expropriation) (1) Property and the right of inheritance shall be guaranteed. Their content and limits shall be determined by law. 18 Die Grundrechte (2) Ownership shall be obligatory. Its use shall at the same time serve the common good. (3) Expropriation is only permissible for the public good. It may only be carried out by law or on the basis of a law that regulates the type and extent of compensation. Compensation shall be determined by fairly weighing up the interests of the general public and the parties involved. In the event of a dispute regarding the amount of compensation, legal action may be taken before the ordinary courts. Article 15 (Socialisation) Land, natural resources and means of production may be transferred to common ownership or to other forms of common economy for the purpose of socialisation by means of a law regulating the type and extent of compensation. Article 14 (3) sentences 3 and 4 shall apply mutatis mutandis to compensation. Article 16 (Citizenship, extradition) (1) German citizenship may not be withdrawn. Loss of nationality may only occur on the basis of a law and against the will of the person concerned if the person concerned does not become stateless as a result. (2) No German may be extradited to a foreign country.
Die Grundrechte 21 A different provision may be made by law for extradition to a Member State of the European Union or to an international court of justice, provided that the principles of the rule of law are upheld. Article 16a (Right of asylum) (1) Persons persecuted on political grounds shall enjoy the right of asylum. (2) Paragraph 1 may not be invoked by persons travelling from a Member State of the European Communities or from another third country in which the application of the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is ensured. The states outside the European Communities to which the requirements of the first sentence apply shall be determined by law subject to the approval of the Bundesrat. In the cases referred to in the first sentence, measures terminating residence may be enforced irrespective of any appeal lodged against them. (3) States may be designated by law, subject to the approval of the Bundesrat, in which, on the basis of the legal situation, the application of the law and the general political circumstances, it appears to be guaranteed that neither political persecution nor 20 Die Grundrechte inhuman or degrading punishment or treatment takes place there. It shall be presumed that a foreigner from such a state is not being persecuted as long as he does not present facts which justify the assumption that he is being politically persecuted contrary to this presumption. (4) The execution of measures terminating residence shall only be suspended by the court in the cases referred to in paragraph 3 and in other cases which are manifestly unfounded or deemed manifestly unfounded if there are serious doubts as to the legality of the measure; the scope of review may be restricted and belated submissions may be disregarded. The details shall be determined by law. (5) Paragraphs 1 to 4 shall not preclude international treaties between Member States of the European Communities and with third countries which, in compliance with the obligations arising from the Convention relating to the Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, the application of which must be ensured in the Contracting States, lay down rules on responsibility for the examination of applications for asylum, including the mutual recognition of asylum decisions.
Die Grundrechte 23 Article 17 (Right of petition) Every person shall have the right, individually or jointly with others, to address requests or complaints in writing to the competent authorities and to the parliament. Article 17a (Restriction of basic rights during military or alternative service) (1) Laws on military service and alternative service may provide that for members of the armed forces and alternative service during the period of military service or alternative service the fundamental right to freely express and disseminate one‘s opinion in speech, writing and pictures (Article 5 para. 1, first sentence, first half-sentence), the fundamental right of freedom of assembly (Article 8) and the right of petition (Article 17), insofar as it grants the right to submit requests or complaints in association with others, shall be restricted. (2) Laws which serve defence purposes, including the protection of the civilian population, may provide that the fundamental rights of freedom of movement (Article 11) and the inviolability of the home (Article 13) shall be restricted. 22 Die Grundrechte
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