25 March 2021: The appeal “Children’s rights in the Basic Law – but the right way!”, which was published on the occasion of the 1st reading in the Bundesrat scheduled for tomorrow, criticizes the draft law presented by the Federal Government as inadequate, as it does not strengthen children’s rights. The appeal has been signed by the German Children’s Fund, UNICEF Germany, the Child Protection Association, the German League for the Child and the Humanist Association of Germany (HVD Bundesverband), among others.
The appeal states: “An amendment to the Basic Law must contribute to improving the legal position of children in Germany. Under no circumstances must it fall short of the UN Convention on the Rights of the Child, Article 24 of the European Charter of Fundamental Rights and the current case law of the Federal Constitutional Court, which recognizes specific children’s rights vis-à-vis the state. The inclusion of explicit children’s rights in the Basic Law in a separate paragraph is important, as children are entitled to these independently of all state action. A direct link to parental rights would lead to an avoidable conflict between parental and children’s rights. (…) We are now calling for a swift agreement with the involvement of civil society, including children and young people, that takes these key points into account. Because children’s rights belong in the Basic Law – but the right way!”
“The fact that children’s rights belong in the Basic Law independently of parental rights is shown by the fact that child endangerment and child abuse unfortunately mostly occur in the family environment,” explains Britta Licht, Federal Commissioner for Children’s Rights of the Humanist Association of Germany. “If the rights of children are linked to those of their parents, children are not sufficiently heard here; problems and dangers may then not be recognized and averted. A separate enshrinement of children’s rights in the Basic Law is therefore an absolutely important step towards strengthening children’s rights in Germany.”
The undersigned organizations demand that the following elements should be included in the wording for the inclusion of children’s rights in the Basic Law:
- The child’s right to recognition as an independent personality;
- Consideration of the best interests of the child as a primary consideration in all decisions concerning children;
- The child’s right to participation, in particular the consideration of their opinion according to their age and level of maturity;
- The child’s right to develop and flourish;
- The right of the child to protection, support and an appropriate standard of living;
- The state’s obligation to ensure living conditions that are suitable for children.
The joint appeal “Children’s rights in the Basic Law – but the right way!” with a list of all organizations can be downloaded here can be downloaded here.
