German Law Explained: Residence, Citizenship, Work & Family

The Basic Law of the Federal Republic of Germany (“Grundgesetz”) forms the legal and political foundation of the country. It was adopted after the Second World War to fully protect human dignity, individual freedoms, and the rule of law, and to prevent a recurrence of the tragic experiences of the past. The first 19 articles of this law, known as the “fundamental rights,” are among its most important provisions. They guarantee the basic rights of every person, including respect for human dignity, freedom of expression, equality before the law, freedom of religion, and the right to participate in social life. These rights are important not only for German citizens but for all people living in Germany. Understanding and learning these 19 articles helps individuals to better recognize their rights, protect them, and take an active role in society. At the same time, they provide an essential foundation for understanding Germany’s laws, values, and democratic structure.

(1) Human dignity is 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 foundation of every human community, of peace, and of justice in the world. (3) The following fundamental rights shall bind the legislature, the executive, and the judiciary as directly applicable law.

(1) Everyone has the right to the free development of their personality, insofar as they do not violate the rights of others or offend against the constitutional order or the moral law. (2) Everyone has the right to life and to physical integrity. Personal freedom is inviolable. These rights may only be interfered with pursuant to a law.

(1) All persons are equal before the law. (2) Men and women have equal rights. The state shall promote the actual implementation of equal rights for women and men and work towards eliminating existing disadvantages. (3) No person shall be favored or disfavored because of their sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disadvantaged because of a disability.

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

(1) Everyone has the right to freely express and disseminate their opinions in speech, writing, and images, and to inform themselves without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasting and film are guaranteed. There shall be no censorship. (2) These rights are limited by the provisions of general laws, legal regulations for the protection of youth, and the right to personal honor. (3) Arts and sciences, research and teaching are free. The freedom of teaching does not release anyone from loyalty to the Constitution.

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

(1) The entire school system shall be under the supervision of the state. (2) Parents or legal guardians have the right to decide whether their child participates in religious instruction. (3) Religious instruction shall form part of the regular curriculum in public schools, with the exception of non-denominational schools. Without prejudice to the state’s supervisory rights, religious instruction shall be given in accordance with the principles of the religious communities. No teacher shall be obliged against their will to give religious instruction. (4) The right to establish private schools is guaranteed. Private schools as substitutes for public schools require the approval of the state and are subject to the laws of the federal states. Approval shall be granted if the private schools do not fall below the standards of public schools in their educational aims, facilities, and the academic qualifications of their teaching staff, and if segregation of pupils according to the financial means of their parents is not encouraged. Approval shall be denied if the economic and legal status of the teaching staff is not sufficiently secured. (5) A private primary school shall be permitted only if the educational authority recognizes a special pedagogical interest or, upon application by legal guardians, if it is to be established as a community school, a denominational school, or a school based on a particular worldview, and if no public primary school of that type exists in the municipality. (6)Preparatory schools shall remain abolished.

(1) All Germans have the right to assemble peacefully and without weapons, without prior notification or permission. (2) For assemblies in the open air, this right may be restricted by or pursuant to a law.

(1) All Germans have the right to form associations and societies. (2) Associations whose aims or activities contravene criminal laws, or which are directed against the constitutional order or against the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed for everyone and for all professions. Agreements that restrict or seek to hinder this right are null and void; measures directed to that end are unlawful. Measures pursuant to Articles 12a, 35 paragraphs 2 and 3, Article 87a paragraph 4 and Article 91 may not be directed against labor disputes conducted by associations within the meaning of sentence 1 for the purpose of safeguarding and improving working and economic conditions.