Basic Law: Christine Lambrecht plans new paragraph for children's rights

Tuesday, 26.11.2019
07:55 clock

The bill by Federal Minister of Justice Christine Lambrecht states: In future, children in Germany will be entitled to "promotion of their fundamental rights". In addition, the Basic Law stipulates a duty to take into account the best interests of the child.


This reports the "Süddeutsche Zeitung", citing the 14-page draft, which the SPD politician Lambrecht on Tuesday remits to the federal government to the federal government. It would be the first change in the catalog of fundamental rights for almost 20 years.

According to this, a new paragraph 1a in Article 6 of the Basic Law is planned: "Every child has the right to respect, protection and promotion of his fundamental rights, including his right to development as a responsible person in the social community It must be given due consideration in every aspect of its rights, and every child has a right to be heard in decisions of the State directly affecting its rights. "

First responsibility of the parents should remain

  The new paragraph should "make the fundamental rights of children in the text of the Basic Law more visible" and "clarify the importance of children and their rights in our society," according to "Süddeutsche Zeitung" in the draft. Parental responsibility and parent responsibility would not be limited, but guaranteed "unchanged in content". The relationship between parents, children and the state should "consciously not be touched".

According to the report, this formulation is intended to dispel worries that the state would be given a new tool for crisis intervention in problematic families with the new child rights legislation. It should stay with the paramount first responsibility of the parents for their children. Thus, the hope of family politicians to give the youth welfare offices by a constitutional amendment more intervention options smashed.

  The bill is based on a detailed report by a federal and state working group. According to the "Süddeutsche Zeitung", the Ministry of Justice has produced a synthesis of the three formulation proposals of the experts. For the project, the union and SPD had already agreed in the coalition agreement, two-thirds majorities in the Bundestag and Bundesrat are necessary because of the constitutional amendment.


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