Children’s rights belong in the Basic Law

HVD supports stronger constitutional anchoring of children's rights.

The new initiative of the Action Alliance for Children’s Rights has been welcomed by the Humanist Association of Germany. Last Friday, a formulation proposal was submitted that provides for the insertion of a new Article 2a in the Basic Law.

The reason given is that “children – unlike all other holders of fundamental rights – cannot assert their rights themselves in many places”, they cannot be regarded as small adults. Although the Federal Republic of Germany signed the UN Convention on the Rights of the Child in 1992, the rights of children are still not sufficiently taken into account in “decisions in politics, administration and jurisdiction.”

So far, children have not been regarded as individual rights holders, but rather as objects of the parents. This is made clear in Article 6, among other things. Paragraph 2 states: “The care and upbringing of children is the natural right of parents and their primary duty.”

With the new Article 2a, the Aktionsbündnis Kinderrechte wants to make it clear that children are recognized as holders of fundamental rights and given special rights. The proposed wording is based on the principles of the UN Convention on the Rights of the Child, according to the explanatory memorandum.

The inclusion of the new article would “make much clearer than before the responsibility of the state and parents to give priority to the best interests of the child when exercising their rights and duties towards children.” The state would also have a clearer obligation to create living conditions that are suitable for children. In addition, young adolescents would be able to lodge a constitutional complaint, which would make children’s rights enforceable.

To support the appeal and the goals of the action alliance, it can be signed online. Frieder Otto Wolf, President of the Humanist Association of Germany, said of the new initiative: “Humanists should support any initiative that can sustainably strengthen all children as individual rights holders and bearers of special needs for protection and care.”

Further information:
Website of the Children’s Rights Action Alliance

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