Notes

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 [2]).

 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:

• Protection of human dignity (Article 1)
• Personal freedoms and the right to life and physical integrity (Article 2)
• Equality before the law, the equal rights of men and women and protection against discrimination (Article 3)
• Freedom of faith and conscience and the right to object to military service (Article 4)
• Freedom of expression, the press, arts and sciences, research and teaching (Article 5)
• Special protection of the state for marriage and the family (Article 6)
• Supervision of the state for the entire school system, determinations on religious instruction, the right to establish private schools (Article 7)
• Freedom of assembly, the right to assemble peacefully and unarmed without prior notification or permission, outdoor assemblies may be restricted by or pursuant to law (Article 8)
• Freedom of association, provided this does not contravene the criminal laws or is directed against the constitutional order or the concept of international understanding. This also implies freedom to organise and the right to industrial disputes (Article 9)
• Privacy of correspondence, posts and telecommunications (Article 10)
• The right to move freely throughout the federal territory (Article 11)
• Occupational freedom (Article 12)
• The right to conscientious objection but also various options with respect to compulsory service "where a state of defence is in effect" (Article 12a)
• Inviolability of the home and legitimate exceptions (Article 13)
• The right to property and inheritance, the obligation to use property to serve the public good and the option of expropriation for the public good in return for compensation (Articles 14 and 15)
• Protection against loss of citizenship and extradition (Article 16)
• The right to asylum for the politically persecuted provided certain conditions are met (Article 16a [2] to [4])
• Right of petition (Article 17)
• The restriction of basic rights with respect to military and alternative service and on the basis of laws regarding defence (Article 17a)
• The forfeiture of individual basic rights was abused in order to combat the free democratic basic order (Article 18)

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 [3]).

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."

• Bundeszentrale für politische Bildung (last accessed: 31 July 2023).
• Deutscher Bundestag (last accessed: 31 July 2023).
• Wapler, Friederike (2015): Kinderrechte und Kindeswohl. Tübingen.