What is your opinion on this item 3
The Basic Law for the Federal Republic of Germany
article 1 (1) Human dignity is inviolable. It is the duty of all state authorities to respect and protect them.
[Human dignity - human rights - legally binding fundamental rights]
(2) The German people are therefore committed to inviolable and inalienable human rights as the basis of every human community, of peace and justice in the world.
(3) The following basic rights bind legislation, executive power and case law as directly applicable law.
Article 2 (1) Everyone has the right to the free development of his personality, as long as he does not violate the rights of others and does not violate the constitutional order or the moral law.
(2) Everyone has the right to life and physical integrity. The freedom of a person is inviolable. These rights may only be encroached upon on the basis of a law.
Article 3 (1) All people are equal before the law.
[Equality before the law]
(2) Men and women have equal rights. The state promotes the actual implementation of equality between women and men and works towards the elimination of existing disadvantages.
(3) Nobody may be disadvantaged or preferred because of their gender, their descent, their race, their language, their homeland and origin, their beliefs, their religious or political views. Nobody may be disadvantaged because of his disability.
Article 4 (1) Freedom of belief, conscience and freedom of religious and ideological creed are inviolable.
[Freedom of belief and conscience]
(2) The undisturbed practice of religion is guaranteed.
(3) No one may be compelled to do military service with a weapon against their conscience. The details are governed by a federal law.
Article 5 (1) Everyone has the right to freely express and disseminate his or her opinion in words, writing and images and to obtain information from generally accessible sources without hindrance. Freedom of the press and freedom of reporting through radio and film are guaranteed. Censorship does not take place.
[Freedom of opinion, art and science]
(2) These rights are limited in the provisions of general laws, the statutory provisions for the protection of young people and in the right to personal honor.
(3) Art and science, research and teaching are free. The freedom of teaching does not release one from loyalty to the constitution.
Article 6 (1) Marriage and family are under the special protection of the state order.
[Marriage - family - children]
(2) The care and upbringing of children is the natural right of parents and their primary duty. The state community watches over their activities.
(3) Against the will of the legal guardian, children may only be separated from the family on the basis of a law if the legal guardian fails or if the children threaten to neglect for other reasons.
(4) Every mother has the right to the protection and care of the community.
(5) Legislation shall ensure that illegitimate children have the same conditions for their physical and emotional development and their position in society as legitimate children.
Article 7 (1) The entire school system is under the supervision of the state.
(2) The legal guardians have the right to decide on the child's participation in religious instruction.
(3) Religious instruction is a regular subject in public schools with the exception of non-denominational schools. Without prejudice to state supervisory law, religious instruction is given in accordance with the principles of the religious communities. No teacher may be obliged to give religious instruction against his will.
(4) The right to establish private schools is guaranteed. Private schools as a substitute for public schools require the approval of the state and are subject to state laws. Approval is to be granted if the private schools do not lag behind the public schools in terms of their teaching objectives and facilities as well as in the academic training of their teachers, and if a segregation of the pupils according to the ownership structure of the parents is not encouraged. Approval is to be refused if the economic and legal position of the teaching staff is not sufficiently secured.
(5) A private elementary school is only permitted if the teaching administration recognizes a special educational interest or, at the request of a legal guardian, if it is to be set up as a community school, a denominational school or a belief school and a public elementary school of this type does not exist in the municipality.
(6) Preschools remain suspended.
Article 8 (1) All Germans have the right to assemble peacefully and without weapons without registration or permission.
[Freedom of assembly]
(2) For meetings in the open air, this right can be restricted by statute or on the basis of a statute.
Article 9 (1) All Germans have the right to form clubs and societies.
[Freedom of association and association]
(2) Associations whose purposes or activities are contrary to criminal law or which are directed against the constitutional order or against the idea of international understanding are prohibited.
(3) The right to form associations to safeguard and promote working and economic conditions is guaranteed for everyone and for all professions. Agreements that restrict or attempt to hinder this right are void, measures aimed at this are unlawful. Measures in accordance with Articles 12a, 35 Paragraphs 2 and 3, Article 87a Paragraph 4 and Article 91 may not be directed against industrial disputes that are waged to safeguard and promote the working and economic conditions of associations within the meaning of sentence 1.
Article 10 (1) The secrecy of letters as well as the secrecy of mail and telecommunications are inviolable.
[Secrecy of letters, mail and telecommunications]
(2) Restrictions may only be ordered on the basis of a law. If the restriction serves to protect the free democratic basic order or the existence or the safeguarding of the Federation or a Land, the law can stipulate that the person concerned will not be informed and that a review by organs appointed by the People's Representation and will take the place of legal recourse Auxiliary organs occurs.
Article 11 (1) All Germans enjoy freedom of movement throughout Germany.
[Freedom of movement]
(2) This right may only be restricted by statute or on the basis of a statute and only for those cases in which there is not an adequate livelihood and special burdens for the general public or in which it is necessary to avert an impending danger to the existence or the free democratic basic order of the federal government or a state is required to combat the risk of epidemics, natural disasters or particularly serious accidents, to protect young people from neglect or to prevent criminal acts.
Article 12 (1) All Germans have the right to freely choose their profession, workplace and training facility. The practice of the profession can be regulated by law or on the basis of a law.
[Freedom of occupation]
(2) Nobody may be compelled to perform a specific work, except within the framework of a conventional general public service obligation that is the same for all.
(3) Forced labor is only permitted in the event of a court-ordered deprivation of liberty.
Article 12a (1) Men can be obliged to serve in the armed forces, in the Federal Border Guard or in a civil defense association from the age of eighteen.
[Military and civil service duties]
(2) Anyone who refuses military service with a weapon for reasons of conscience can be obliged to do alternative service. The duration of alternative service may not exceed the duration of military service. The details are regulated by a law that must not impair freedom of conscience and must also provide for the possibility of alternative service that is not related to the associations of the armed forces and the Federal Border Guard.
(3) Conscripts who are not involved in a service in accordance with paragraph 1 or 2 may, in the case of defense, be obliged by law or on the basis of a law to provide civilian services for defense purposes, including the protection of the civilian population in employment; Obligations in public-law employment relationships are only permitted for the performance of police tasks or such sovereign tasks of the public administration that can only be fulfilled in public-law employment relationships. Employment relationships according to sentence 1 can be established with the armed forces, in the area of their supply as well as with the public administration; Obligations in employment relationships in the field of supplying the civilian population are only permissible in order to cover their vital needs or to ensure their protection.
(4) If, in the case of defense, the need for civilian services in the civilian medical and medical sector as well as in the permanent military hospital organization cannot be met on a voluntary basis, women from the age of eighteen to the age of fifty-fifth can do so by law or on the basis of a statute Services are used. Under no circumstances should you be obliged to serve with a weapon.
(5) For the period prior to the state of defense, obligations under Paragraph 3 can only be established in accordance with Article 80a Paragraph 1. In preparation for services according to paragraph 3, for which special knowledge or skills are required, participation in training events can be made compulsory by law or on the basis of a law. Sentence 1 does not apply in this respect.
(6) If, in the case of defense, the need for workers for the areas mentioned in paragraph 3 sentence 2 cannot be met on a voluntary basis, the freedom of the Germans to give up the exercise of a profession or the job can be guaranteed by law or by Restricted by law. Before the occurrence of a state of defense, paragraph 5 sentence 1 applies accordingly.
Article 13 (1) The home is inviolable.
[Inviolability of the apartment]
(2) Searches may only be ordered by the judge, and in the case of imminent danger also by the other organs provided for in the law, and may only be carried out in the form prescribed there.
(3) If certain facts justify the suspicion that someone has committed a particularly serious criminal act specified by law, technical means for acoustic monitoring of apartments in which the accused is presumably staying may be used to prosecute the act on the basis of a judicial order if research into the matter would otherwise be disproportionately difficult or futile. The measure is to be limited in time. The order is made by a panel of three judges. In the case of imminent danger, it can also be taken by a single judge.
(4) To avert urgent dangers to public safety, in particular a common danger or a mortal danger, technical means for monitoring apartments may only be used on the basis of a court order. In the case of imminent danger, the measure can also be ordered by another legally specified body; a judicial decision must be made up for immediately.
(5) If technical means are provided exclusively for the protection of persons working in apartments, the measure can be ordered by a legally specified body. Any other use of the knowledge obtained in this way is only permitted for the purpose of criminal prosecution or danger prevention and only if the legality of the measure has previously been determined by a judge; in the event of imminent danger, the judicial decision must be made immediately.
(6) The Federal Government shall inform the Bundestag annually of the technical means used in accordance with Paragraph 3 and in the area of competence of the Federation in accordance with Paragraph 4 and, insofar as this requires judicial review, in accordance with Paragraph 5. A body elected by the Bundestag exercises parliamentary control on the basis of this report. The federal states guarantee equivalent parliamentary control.
(7) Interventions and restrictions may incidentally only to avert a common danger or a mortal danger for 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 risk of epidemics or for Protection of vulnerable young people is made.
Art. 13 Para. 3: Ret. by Art. 1 No. 1 G v. 26.3.1998 I 610 mWv 1.4.1998; with GG Art. 79 Para. 3 compatible according to BVerfGE v. 3.3.2004 (1 BvR 2378/98, 1 BvR 1084/99)
Article 14 (1) Ownership and inheritance rights are guaranteed. The content and limits are determined by the law.
[Property - Inheritance Law - Expropriation]
(2) Ownership obliges. Its use should also serve the public good.
(3) Expropriation is only permitted for the common good. It may only take place by law or on the basis of a law that regulates the type and extent of the compensation. The compensation is to be determined with fair consideration of the interests of the general public and those involved. Because of the amount of the compensation, legal recourse is open to the ordinary courts in the event of a dispute.
Article 15 Land, natural resources and means of production can be transferred into common ownership or other forms of public economy for the purpose of socialization through a law that regulates the type and extent of compensation. Article 14, Paragraph 3, Clause 3 and 4 applies accordingly to compensation.
Article 16 (1) German citizenship may not be withdrawn. The loss of citizenship may only occur on the basis of a law and against the will of the person concerned only if the person concerned does not become stateless as a result.
[Nationality - extradition]
(2) No German may be extradited abroad. A different regulation can be made by law for extraditions to a member state of the European Union or to an international court of law, provided that the rule of law is observed.
Article 16a (1) Politically persecuted persons enjoy the right of asylum.
[Right of asylum]
(2) Anyone entering from a Member State of the European Communities or from another third country in which the application of the Convention on the Legal Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is ensured cannot invoke paragraph 1. The states outside the European Communities to which the requirements of sentence 1 apply are determined by law, which requires the consent of the Bundesrat. In the cases of sentence 1, measures to terminate residence can be carried out regardless of any legal remedy lodged against this.
(3) A law that requires the consent of the Bundesrat may determine states in which, based on the legal situation, the application of the law and the general political situation, it appears to be guaranteed that neither political persecution nor inhuman or degrading punishment or treatment will take place there. It is assumed that a foreigner from such a state will not be persecuted as long as he does not present facts which justify the assumption that, contrary to this presumption, he will be politically persecuted.
(4) In the cases of paragraph 3 and in other cases that are obviously unfounded or are considered to be obviously unfounded, the execution of measures to terminate residence shall only be suspended by the court if there are serious doubts as to the legality of the measure; the scope of the examination can be restricted and late submissions can be disregarded. The details are to be determined by law.
(5) Paragraphs 1 to 4 do not conflict with international agreements between Member States of the European Communities and with third countries which, in compliance with the obligations of the Agreement on the Legal Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms, apply in the contracting states must be assured that they are responsible for the examination of asylum applications, including the mutual recognition of asylum decisions.
Art. 16a: Ret. by Art. 1 No. 2 G v. 6/28/1993 I 1002 mWv 6/30/1993; with Art. 79 Abs. 3 GG (100-1) compatible according to BVerfGE v. May 14, 1996 I 952 (2 BvR 1938/93, 2 BvR 2315/93)
Article 17 Everyone has the right, individually or in association with others, in writing with requests or complaints to the competent authorities and to the parliament.
[Right of petition]
Article 17a (1) Laws on military service and alternative service can stipulate that members of the armed forces and alternative service have the basic right to freely express and disseminate their opinion in words, writing and pictures during the period of military or alternative service (Article 5 para. 1 sentence 1 first half-sentence), the fundamental right to freedom of assembly (Article 8) and the right to petition (Article 17), insofar as it grants the right to submit requests or complaints in community with others.
[Restriction of fundamental rights in special cases]
(2) Laws which serve the defense, including the protection of the civilian population, may provide that the fundamental rights of free movement (Article 11) and the inviolability of the home (Article 13) are restricted.
Article 18 Anyone who enjoys freedom of expression, in particular freedom of the press (Article 5 (1)), freedom of teaching (Article 5 (3)), freedom of assembly (Article 8), freedom of association (Article 9), confidentiality of letters, post and telecommunications ( Article 10), misuses property (Article 14) or the right of asylum (Article 16a) to fight against the free democratic basic order, forfeits these basic rights. The forfeiture and its extent will be pronounced by the Federal Constitutional Court.
[Forfeiture of fundamental rights]
Article 19 (1) Insofar as a basic right can be restricted by law or on the basis of a law according to this Basic Law, the law must apply in general and not just for individual cases. In addition, the law must state the fundamental right by specifying the article.
[Restriction of fundamental rights - legal recourse]
(2) In no case may the essential content of a fundamental right be affected.
(3) The fundamental rights also apply to domestic legal persons, insofar as their nature is applicable to them.
(4) If someone's rights are violated by public authority, legal recourse is open to him. If no other jurisdiction is justified, the ordinary legal process is given. Article 10 (2) sentence 2 remains unaffected.
Source: Federal Ministry of Justice and Consumer Protection, juris GmbH, www.gesetze-im-internet.de, 2020.
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