Article 1 Basic Law:
Article 6 (2) Basic Law:
Article 19 (4) Basic Law:
Children and adolescents are also basic rights-holders.
Basic rights for the people of Germany are contained in Articles 1–19 of Section 1 of the Basic Law (Grundgesetz/GG). The Basic Law also refers to, "[...] inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world" (Article 1 ).
Children and adolescents are basic rights-holders. As early as 1968, the Federal Constitutional Court expressly included children as basic rights-holders who are entitled to the protection of the state.
The basic rights are:
The right to bring proceedings in court is laid down in Article 19 (4): "Should any person’s rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts."
Article 19 (2) states: "In no case may the essence of a basic right be affected." Even where restrictions are permitted, this must be on the basis of a law, and even these laws may not affect the essence of the basic rights.
The basic rights are binding on the state authority as directly applicable law (Article 1 ).
In terms of the development of the European Union, Article 23 prescribes a "level of protection of basic rights essentially comparable to that afforded by this Basic Law" as a constitutional criterion.
For child and youth services, a fundamental aspect on the one hand is that children are basic rights-holders.
On the other, so is Article 6 and the way it shapes the rights of parents:
"(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."