Derechos Humanos Alemania (Inglés)

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Colegio Ciudad de México
2012-2013
Model UN Report







Human Rights
in
Germany
Position
Paper
















Amparo Roldán
23/XI/2012
4,328 words


Introduction



The German constitution, recreated afterWorld War II, has an “eternity clause” that specifically protects Human Rights. This clause is protected so that there is no removal or modification to the set of Basic Rights in the German Constitution.
The Basic Rights clause dictates:
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
judiciary as directly enforceable law.

Article 2 (Rights of liberty).
(1) Everyone has the right to the free development of his personality insofar
as hedoes 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 equalrights.
(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 isguaranteed.
(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 freedomof 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 6(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 alaw, 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.
The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction.
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...