Wednesday, October 28, 2009

Freedom of association

Freedom of association
(1) All Germans shall have the right to form corporations and other associations.
(2) Associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, shall be prohibited.
(3) The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful. Measures taken pursuant to Article 12a, to paragraphs (2) and (3) of Article 35, to paragraph (4) of Article 87a, or to Article 91 may not be directed against industrial disputes engaged in by associations within the meaning of the first sentence of this paragraph in order to safeguard and improve working and economic conditions.

[School education in germany

School education
(1) The entire school system shall be under the supervision of the state.
(2) Parents and guardians shall have the right to decide whether children shall receive religious instruction.
(3) Religious instruction shall form part of the regular curriculum in state schools, with the exception of non-denominational schools. Without prejudice to the state’s right of supervision, religious instruction shall be given in accordance with the tenets of the religious community concerned. Teachers may not be obliged against their will to give religious instruction.
(4) The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the State and shall be subject to the laws of the Länder. Such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities, or the professional training of their teaching staff, and when segregation of pupils according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured.
(5) A private elementary school shall be approved only if the educational authority finds that it serves a special pedagogical interest or if, on the application of parents or guardians, it is to be established as a denominational or interdenominational school or as a school based on a particular philosophy and no state elementary school of that type exists in the municipality.
(6) Preparatory schools shall remain abolished.

Marriage and the family; children born outside of marriage

Marriage and the family; children born outside of marriage
(1) Marriage and the family shall enjoy the special protection of the state.
(2) The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty.
(3) Children may be separated from their families against the will of their parents or guardians only pursuant to a law, and only if the parents or guardians fail in their duties or the children are otherwise in danger of serious neglect.
(4) Every mother shall be entitled to the protection and care of the community.
(5) Children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage.

Freedom of expression

Freedom of expression
(1) Every person 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 press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.
(3) Art and scholarship, research, and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.

Freedom of faith, conscience, and creed

[Freedom of faith, conscience, and creed]

(1) Freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable.(2) The undisturbed practice of religion shall be guaranteed.(3) No person shall be compelled against his conscience to render military service involving the use of arms. Details shall be regulated by a federal law.

Equality before the law

[Equality before the law]
(1) All persons shall be equal before the law.
(2) Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.
(3) No person shall be favored or disfavored because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavored because of disability.

Basic Rights in germany

[Human dignity]

(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
(2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.
(3) The following basic rights shall bind the legislature, the executive, and the judiciary as directly applicable law.

[Personal freedoms]

(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.
(2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.

constitution and human dignity

The constitution can only set the standards and provide a framework of law and order. It cannot solve specific problems directly. If it is not to be rendered insignificant it must remain committed to fundamental principles.
The Basic Law has proved its worth. It is the most liberal constitution the Germans have ever had and has served as a model for many other democratic constitutions. We Germans have every reason to be proud of our Basic Law and to defend it to the best of our ability.

Foreword by the Federal President

On 3 October 1990 Germany achieved national unity. By virtue of a sovereign, conscious decision of the people, the Basic Law became the constitution for the whole nation. The successful democratic revolution in the former German Democratic Republic had achieved its goals: human dignity, civil rights, fundamental freedoms and democracy for the entire German people in a society based on the rule of law tempered by social justice.
We overcame the division of Germany within the wider framework of a radical transformation in Europe. The creation of the European Union entails new challenges and opportunities for us all. Both our country's increasing integration and the completion of its national unity were bound to have repercussions on our constitutional law. The fact that only adjustments were necessary attests to the Basic Law's excellent quality as the foundation of our polity from its inception. Its liberal, democratic, federal and welfare elements enabled our country to acquire economic prosperity and social security while maintaining internal stability.