GERMANY Federal Republic of Germany Bundesrepublik Deutschland Joined United Nations: 18 September 1973 Human Rights as assured by their constitution Updated 14 December 2012
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1. BASIC RIGHTS
Article 1 (Protection of human dignity).
1. The dignity of man inviolable. To respect and protect it is 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 bind the legislature, the executive and the ****
Article 2 (Rights of liberty).
1. Everyone has the right to the free development of his personality insofar as he does not violate the rights of others or offend against the
constitutional order or the moral code.
2. Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be
encroached upon pursuant to a law.
Article 3 (Equality before the law).
1. All persons are equal before the law.
2. Men and women have equal rights.
3. No one may be prejudiced or favored because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his
religious or political opinions.
Article 4 (Freedom of faith, of conscience and of creed).
1. Freedom of faith and of conscience, and freedom of creed religious or ideological, are inviolable.
2. The undisturbed practice of religion is guaranteed.
3. No one may be compelled against his conscience to render war service as an armed combatant. Details will be regulated by a Federal
law.
Article 5 (Freedom of expression).
1. Everyone has the right freely to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself
from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There
shall be no censorship.
2. These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth and by the right to
inviolability of personal honor.
3. Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution.
Article 5 (Freedom of expression).
1. Marriage and family enjoy the special protection of the state.
2. Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the
performance of this duty.
3. Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if
those so entitled fail in their duty or if the children are otherwise threatened with neglect.
4. Every mother is entitled to the protection and care of the community.
5. Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their
position in society as are enjoyed by legitimate children.
Article 7 (Education).
1. The entire education system is under the supervision of the state.
2. The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction.
3. Religious instruction forms part of the ordinary curriculum in state and municipal schools, excepting secular schools. Without prejudice
to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may
be obliged against his will to give religious instruction.
4. The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools, require the approval
of the state and are subject to the laws of the Laender. This approval must be given if private schools are not inferior to the state or
municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the
pupils according to the means of the parents is not promoted. This approval must be withheld if the economic and legal position of the
teaching staff is not sufficiently assured.
5. A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if, on
the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological
school and a state or municipal elementary school of this type does not exist in the community
6. Preparatory schools remain abolished.
Article 8 (Freedom of assembly).
1. All Germans have the right to assemble peacefully and unarmed without prior notification or permission.
2. With regard to open-air meetings this right may be restricted by or pursuant to a law.
Article 9 (Freedom of association).
1. All Germans have the right to form associations and societies.
2. Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or
the concept of international understanding, are prohibited.
3. The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades
and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal.
Article 10 (Privacy of letters, posts, and telecommunications).
(amended 24 June 1968)
1. Privacy of letters, posts, and telecommunications shall be inviolable.
2. Restrictions may only be ordered pursuant to a statute. Where a restriction serves to protect the free democratic basic order or the
existence or security of the Federation, the statute may stipulate that the person affected shall not be informed of such restriction and that
recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament.
Article 11 (Freedom of movement).
1. All Germans enjoy freedom of movement throughout the Federal territory.
2. This right may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is lacking and
special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the
free democratic basic order of the Federation or a Land, to combat the danger of epidemics, to deal with natural disasters or particularly
grave accidents, to protect young people from neglect or to prevent crime.
Article 12 (Right to choose an occupation, prohibition of forced).
As amended March 19. 1956.
1. All Germans have the right freely to choose their trade or profession their place of work and their place of training. The practice of
trades and professions may be regulated by law.
2. No one may be compelled to perform a particular work except within the framework of a traditional compulsory public service which
applies generally and equally to all. Anyone who refuses on conscientious grounds to render war service involving the use of arms may be
required to render an alternative service. The duration of this alternative service shall not exceed the duration of military service. Details
shall be regulated by a law which shall not prejudice freedom of conscience and shall provide also for the possibility of an alternative
service having no connection with any unit of the Armed Forces.
3. Women shall not be required by law to render service in any unit of the Armed Forces. On no account shall they be employed in any
service involving the use of arms.
4. Forced labor may be imposed only in the event that a person is deprived of his freedom by the sentence of a court.
Article 12a (Liability to military and other service)
(added 24 June 1968)
1. Men who have attained the age of 18 years may be required to serve in the Armed Forces, in the Federal Border Guard, or in a civil
defense organization.
2. A person who refuses, on grounds of conscience, to render war service involving the sue of arms may be required to render a
substitute service. The duration of such substitute service shall not exceed the duration of military service. Details shall be regulated by a
statute which shall not interfere with freedom to take a decision based on conscience and shall also provide for the possibility of a
substitute service not connected with units of the Armed Forces or of the Federal Border Guard.
3. Persons liable to military service who are not required to render service pursuant to paragraph (1) or (2) of this Article may, during a
state of defense (Verteidigungsfall), be assigned by or pursuant to a statute to an employment involving civilian services for defense
purposes, including the protection of the civilian population; it shall, however, not be permissible to assign persons to an employment
subject to public law except for the purpose of discharging police functions or such other functions of public administration as can only
be discharged by persons employed under public law. Persons may be assigned to an employment -as referred to in the first sentence of
this paragraph- with the Armed forces, including the supplying and servicing of the latter, or with public administrative authorities;
assignments to employment connected with supplying and servicing the civilian population shall not be permissible except in order to meet
their vital requirements or to guarantee their safety.
4. Where, during a state of defense, civilian service requirements in the civilian health system or in the stationary military hospital
organization cannot be met on a voluntary basis, women between eighteen and fifty-five years of age may be assigned to such services by
or pursuant to a statute. They may on no account render service involving the use of arms.
5. Prior to the existence of a state of defense, assignments, under paragraph 3 of this Article may only be made where the requirements of
paragraph 1 of Article 80a are satisfied. It shall be admissible to require persons by or pursuant to a statute to attend training courses in
order to prepare them for the performance of such services in accordance with paragraph 3 of this Article as require special knowledge
or skills. To this extent, the first sentence of this paragraph shall not apply.
6. Where, during a state of defense, staffing requirements for the purposes referred to in the second sentence of paragraph 3 of this
Article cannot be met on a voluntary basis, the right of a German to quit the pursuit of his occupation or quit his place of work may be
restricted by or pursuant to a statute in order to meet these requirements. The first sentence of paragraph 5 of this Article shall apply
mutatis mutandis prior to the existence of a state of defense.
Article 13 (Inviolability of the home).
1. The home is inviolable.
2. Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried
out only in the form prescribed by law.
3. Otherwise, this inviolability may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals, or,
pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the
danger of epidemics or to protect endangered juveniles.
Article 14 (Property, right of inheritance, taking of property)
1. Property and the rights of inheritance are guaranteed. Their content and limits are determined by the laws.
2. Property imposes duties. Its use should also serve the public weal.
3. Expropriation is permitted only in the public weal. It may take place only by or pursuant to law which provides for kind and extent of
the compensation. The compensation shall be determined upon just consideration of the public interest and of the interests of the persons
affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.
Article 15 (Socialization).
Land, natural resources and means of production may for the purpose of socialization be transferred into public ownership or other forms
of publicly controlled economy by a law which provides for kind and extent of the compensation. With respect to such compensation
Article 14, para. 3, sentences 3 and 4, apply mutatis mutandis.
Article 16 (Deprivation of citizenship, extradition, right of asylum).
1. No one may be deprived of his German citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the
person affected it may arise only if such person does not thereby become stateless.
2. No German may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum
Article 17 (Right of petition).
Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the
representative assemblies.
Article 17a (Restriction of individual basic rights through legislation enacted for defense purposes and concerning substitute service).
As amended March 19 1956.
1. Laws concerning military services and alternative service may by provisions applying to members of the Armed Forces and of
alternative services during their period of military or alternative service, restrict the basic right freely to express and to disseminate
opinions by speech, writing, and pictures (Article 5, paragraph (1) first half-sentence), the basic right of assembly (Article 9), and the
right of petition Article 17) insofar as it permits to address requests or complaints jointly with others.
2. Laws for defense purposes, including the protection of the civilian population may provide for the restriction of the basic rights of
freedom of movement (Article 11) and inviolability of the home (Article 13).
Article 18 (Forfeiture of basic rights).
Whoever abuses freedom of opinion, in particular freedom of the press (Article 5, paragraph 1) freedom of teaching (Article 5, paragraph
3), freedom of assembly (Article 8), freedom of association (Article 9), the secrecy of mail posts and telecommunications (Article 10),
property (Article 14), or the right of asylum (Article 16, paragraph 2) in order to attack the free democratic basic order, forfeits these
basic rights. The forfeiture and its extent are pronounced by the Federal Constitutional Court.
Article 19 (Restriction of Basic Rights).
1. Insofar as under this Basic Law a basic right may be restricted by or pursuant to a law, the law must apply generally and not solely to
an individual case. Furthermore the law must name the basic right, indicating the Article.
2. In no case may a basic right be infringed upon in its essential content.
3. The basic rights apply also to corporations established under German Public law to the extent that the nature of such rights permits.
4. Should any person's right be violated by public authority, recourse to the court shall be open to him. If no other court has jurisdiction,
recourse shall be to the ordinary courts.
Germanic tribal culture appeared in the 1st Century BCE immigrating out of Scandinavia.
Rome documents them around the 1st Century CE who greatly influenced Germanic warfare
tactics. The Merovingian kings of the Germanic Franks conquered northern Gaul in 486 CE.
Christianity arrived in the 4th century and a Frankish Empire arose with the fall of the
Western Empire of Rome. The Germanic Empire arose throughout the Middle Ages.
Conflicts with Rome led to a secularization of the Empire in 1356 where all future emperors
were chosen from was to be chosen by four secular and three religious electors. In 1517,
Germany was inspired by Martin Luther and began formally breaking away from Rome and
adopting Lutheran philosophy. France occupied Germany under the dominance of
Napoleon I but reorganization by Europe's monarchs in 1814 led to the creation of the
German Confederation. Discontent led to revolution and the creation of the German
constitution in 1848. In 1866 the German Confederation was dissolved. In its place the North
German Federation (German Norddeutscher Bund) was established, under the leadership of
Prussia. Austria was excluded, and would remain outside German affairs for most of the
remaining 19th and the 20th centuries. On 18 January 1871 the German Empire was
founded, with 25 states, three of which were Hanseatic free cities, and Bismarck served as
Chancellor. It was dubbed the "Little German" solution, since Austria was not included.
When Bismarck resigned, in 1890 Wilhelm II arose expanding the empire through colonialism
which led to World War I and, upon defeat in 1917, the Weimar Republic. The indignities of
crushing war debt and concessions of territory gave rise to a nationalist Socialist movement
and the rise of Adolf Hitler who was appointed Chancellor in 1933. Attempting to reclaim the
glory of the Empire, Hitler launched the Third Reich attempting to conquer Europe for
Germany and touching off World War II. Defeated by Allied Forces in 1945, Germany was
divided into East and West sectors to check the renewal of imperial ambitions. After 45
years of division, Germany was reunited on 3 October 1990. The Constitution of the Federal
Republic of Germany, promulgated on 23 May 1949 was amended to include East Germany
by the Unification Treaty of 31 August 1990 and Federal Statute of 23 September 1990.
Human rights are enumerated beginning with Part One (Basic Rights) and conform with the
1948 Universal Declaration of Human Rights of which Germany is a signatory. For a full
English translation of the Germany's Constitution, click here.