The article I have just shared also shows that we cannot even agree on how to define human rights.
there is nothing to debat about what human rights are....
Germany did the biggest war crime ever in human history.... the consequenz of this history guilt pushed the Germans to write a completely new German constitution after ww2.... with 2 goals protect the humans from the state and clearly claim what human rights are... to protect every human (not only German citizen) from executive, judicative and legeslative power.... they even ordered that the number one task of the executive judicative and legeslative power is to protect and serve the citizen.
Human Right
Human dignity shall be inviolable. To respect and protect
it shall be the duty of all state authority.
The people therefore acknowledge inviolable and
inalienable human rights as the basis of every community,
of peace and of justice in the world.
The following basic rights shall bind the legislature, the
executive and the judiciary as directly applicable law.
[Personal freedoms]
Every person shall have
the right to free development of his
personality insofar as he does not violate the rights
of others or offend against the constitutional order or the
moral law.
Every person shall have
the right to life and physical integ-
rity.
Freedom of the person shall be inviolable. These rights
may be interfered with only pursuant to a law.
[Equality before the law]
All persons shall be equal before the law.
Men and women shall have equal rights. The state shall
promote the actual implementation of equal rights for
women and men and take steps to eliminate disadvantages
that now exist.
No person shall be favoured or disfavoured because of
sex, parentage, race, language, homeland and origin, faith,
or religious or political opinions. No person shall be
disfavoured because of disability.
[Freedom of faith and conscience]
Freedom of faith and of conscience, and
freedom to profess
a religious or philosophical creed, shall be inviolable.
The undisturbed practice of religion shall be guaranteed.
No person shall be compelled against his conscience to
render military service involving the use of arms.
[School system]
The entire school system shall be under the supervision
of the state.
Parents and guardians shall have the right to decide
whether children shall receive religious instruction.
Religious instruction shall form part of the regular curricu-
lum in state schools, with the exception of non-denomina-
tional schools. Without prejudice to the state’s right of su-
pervision, religious instruction shall be given in accordance
with the tenets of the religious community concerned.
Teachers may not be obliged against their will to give
religious instruction.
The right to establish private schools shall be guaranteed.
Private schools that serve as alternatives to state schools
shall require the approval of the state and shall be subject
to the laws of the Länder. Such approval shall be given
when private schools are not inferior to the state schools in
terms of their educational aims, their facilities, or the pro-
fessional training of their teaching staff, and when segrega-
tion of pupils according to the means of their parents will
not be encouraged thereby. Approval shall be withheld if
the economic and legal position of the teaching staff is not
adequately assured.
A private elementary school shall be approved only if the
educational authority finds that it serves a special pedagogical
interest or if, on the application of parents or guardi-
ans, it is to be established as a denominational or interde-
nominational school or as a school based on a particular
philosophy and no state elementary school of that type
exists in the municipality.
Preparatory schools shall remain abolished.
[Freedom of assembly]
All Germans shall have the right to assemble peacefully
and unarmed without prior notification or permission.
In the case of outdoor assemblies, this right may be restrict-
ed by or pursuant to a law.
[Freedom of association]
All Germans shall have the
right to form corporations and
other associations.
Associations whose aims or activities contravene the crimi-
nal laws, or that are directed against the constitutional or
der or the concept of international understanding, shall be
prohibited.
The right to form associations to safeguard and improve
working and economic conditions shall be guaranteed to
every individual and to every occupation or profession.
Agreements that restrict or seek to impair this right shall
be null and void; measures directed to this end shall be
unlawful. Measures taken pursuant to Article 12a, to para-
graphs (2) and (3) of Article 35, to paragraph (4) of Article
87a, or to Article 91 may not be directed against industrial
disputes engaged in by associations within the meaning of
the first sentence of this paragraph in order to safeguard
and improve working and economic conditions.
[Privacy of correspondence, posts and
telecommunications]
The privacy of correspondence, posts and telecommunica-
tions shall be inviolable.
Restrictions may be ordered only pursuant to a law. If the
restriction serves to protect the free democratic basic order
or the existence or security of the Federation or of a Land,
the law may provide that the person affected shall not be
informed of the restriction and that recourse to the courts
shall be replaced by a review of the case by agencies and
auxiliary agencies appointed by the legislature.
[Freedom of movement]
All Germans shall have
the right to move freely throughout
the federal territory.
This right may be restricted only by or pursuant to a law,
and only in cases in which the absence of adequate means
of support would result in a particular burden for the com-
munity, or in which such restriction is necessary to avert
an imminent danger to the existence or the free democratic
basic order of the Federation or of a Land
, to combat the danger of an epidemic, to respond to a grave accident or
natural disaster, to protect young persons from serious ne-
glect, or to prevent crime.
[Occupational freedom]
All Germans shall have the
right freely to choose their
occupation or profession, their place of work and their
place of training. The practice of an occupation or profes-
sion may be regulated by or pursuant to a law.
No person may be required to perform work of a particular
kind except within the framework of a traditional duty of
community service that applies generally and equally to all.
Forced labour may be imposed only on persons deprived of
their liberty by the judgment of a court.
[Compulsory military and alternative civilian service]
Men who have attained the age of eighteen may be required
to serve in the Armed Forces, in the Federal Border Police,
or in a civil defence organisation.
Any person who, on grounds of conscience, refuses to render
military service involving the use of arms may be required
to perform alternative service. The duration of alternative
service shall not exceed that of military service. Details
shall be regulated by a law, which shall not interfere with
the freedom to make a decision in accordance with the
dictates of conscience, and which shall also provide for
the possibility of alternative service not connected with
units of the Armed Forces or of the Federal Border Police.
Persons liable to compulsory military service who are not
called upon to render service pursuant to paragraph (1) or
(2) of this Article may, when a state of defence is in effect,
be assigned by or pursuant to a law to employment involv-
ing civilian services for defence purposes, including the
protection of the civilian population; they may be assigned
to public employment only for the purpose of discharging
police functions or such other sovereign functions of public
administration as can be discharged only by persons em-
ployed in the public service. The employment contemplat-
ed by the first sentence of this paragraph may include ser
vices within the Armed Forces, in the provision of military
supplies, or with public administrative authorities; assign-
ments to employment connected with supplying and servicing
the civilian population shall be permissible only to
meet their basic requirements or to guarantee their safety.
If, during a state of defence, the need for civilian services in
the civilian health system or in stationary military hospitals
cannot be met on a voluntary basis, women between the age
of eighteen and fiftyfive may be called upon to render such
services by or pursuant to a law. Under no circumstances
may they be required to render service involving the use of
arms.
Prior to the existence of a state of defence, assignments un-
der paragraph (3) of this Article may be made only if the re-
quirements of paragraph (1) of Article 80a are met. In prep-
aration for the provision of services under paragraph (3) of
this Article that demand special knowledge or skills, partic-
ipation in training courses may be required by or pursuant
to a law. In this case the first sentence of this paragraph
shall not apply.
If, during a state of defence, the need for workers in the
areas specified in the second sentence of paragraph (3) of
this Article cannot be met on a voluntary basis, the right
of German citizens to abandon their occupation or place of
employment may be restricted by or pursuant to a law in
order to meet this need. Prior to the existence of a state of
defence, the first sentence of paragraph (5) of this Article
shall apply mutatis mutandis.
[Inviolability of the home]
The home is inviolable.
Searches may be authorised only by a judge or, when time is
of the essence, by other authorities designated by the laws,
and may be carried out only in the manner therein prescribed.
If particular facts justify the suspicion that any person has
committed an especially serious crime specifically defined
by a law, technical means of acoustical surveillance of any
home in which the suspect is supposedly staying may be
employed pursuant to judicial order for the purpose of pro-
secuting the offence, provided that alternative methods of
investigating the matter would be disproportionately dif-
ficult or unproductive. The authorisation shall be for a lim
ited time. The order shall be issued by a panel composed
of three judges. When time is of the essence, it may also be
issued by a single judge.
To avert acute dangers to public safety, especially dangers
to life or to the public, technical means of surveillance of
the home may be employed only pursuant to judicial order.
When time is of the essence, such measures may also be
ordered by other authorities designated by a law; a judicial
decision shall subsequently be obtained without delay.
If technical means are contemplated solely for the protec-
tion of persons officially deployed in a home, the measure
may be ordered by an authority designated by a law. The
information thereby obtained may be otherwise used only
for purposes of criminal prosecution or to avert danger and
only if the legality of the measure has been previously de-
termined by a judge; when time is of the essence, a judicial
decision shall subsequently be obtained without delay.
The Federal Government shall report to the Bundestag an-
nually as to the employment of technical means pursuant
to paragraph (3) and, within the jurisdiction of the Federa-
tion, pursuant to paragraph (4) and, insofar as judicial ap-
proval is required, pursuant to paragraph (5) of this Article.
A panel elected by the Bundestag shall exercise parliamen-
tary oversight on the basis of this report. A comparable par
liamentary oversight shall be afforded by the
Länder
[Property – Inheritance – Expropriation]
Property and the right of inheritance shall be guaranteed.
Their content and limits shall be defined by the laws.
Property entails obligations. Its use shall also serve the
public good.
Expropriation shall only be permissible for the public good.
It may only be ordered by or pursuant to a law that deter
mines the nature and extent of compensation. Such com-
pensation shall be determined by establishing an equitable
balance between the public interest and the interests of
those affected. In case of dispute concerning the amount of
compensation, recourse may be had to the ordinary courts.
[Socialisation]
Land, natural resources and means of production may for
the purpose of socialisation be transferred to public owner
ship or other forms of public enterprise by a law that deter
mines the nature and extent of compensation. With respect
to such compensation the third and fourth sentences of par
agraph (3) of Article 14 shall apply mutatis mutandis.
[Citizenship – Extradition]
No German may be deprived of his citizenship. Citizenship
may be lost only pursuant to a law, and against the will of
the person affected only if he does not become stateless as a
result.
No German may be extradited to a foreign country. The law
may provide otherwise for extraditions to a member state of
the European Union or to an international court, provided
that the rule of law is observed.
[Right of asylum]
Persons persecuted on political grounds shall have the right
of asylum.
Paragraph (1) of this Article may not be invoked by a per
son who enters the federal territory from a member state of
the European Communities or from another third state in
which application of the Convention Relating to the Status
of Refugees and of the Convention for the Protection of
Human Rights and Fundamental Freedoms is assured. The
states outside the European Communities to which the cri-
teria of the first sentence of this paragraph apply shall be
specified by a law requiring the consent of the Bundesrat.
In the cases specified in the first sentence of this paragraph,
measures to terminate an applicant’s stay may be imple-
mented without regard to any legal challenge that may have
been instituted against them.
By a law requiring the consent of the Bundesrat, states may
be specified in which, on the basis of their laws, enforce
sent practices and general political conditions, it can be
safely concluded that neither political persecution nor
inhuman or degrading punishment or treatment exists. It
shall be presumed that a foreigner from such a state is not
persecuted, unless he presents evidence justifying the con-
clusion that, contrary to this presumption, he is persecuted
on political grounds.
In the cases specified by paragraph (3) of this Article and
in other cases that are plainly unfounded or considered to
be plainly unfounded, the implementation of measures to
terminate an applicant’s stay may be suspended by a court
only if serious doubts exist as to their legality; the scope of
review may be limited, and tardy objections may be disre-
garded. Details shall be determined by a law.
(1) to (4) of this Article shall not preclude the
conclusion of international agreements of member states of
the European Communities with each other or with those
third states which, with due regard for the obligations aris-
ing from the Convention Relating to the Status of Refugees
and the Convention for the Protection of Human Rights and
Fundamental Freedoms, whose enforcement must be as-
sured in the contracting states, adopt rules conferring juris-
diction to decide on applications for asylum, including the
reciprocal recognition of asylum decisions.
[Right of petition]
Every person shall have the right individually or jointly
with others to address written requests or complaints to
competent authorities and to the legislature.
[Restriction of basic rights in specific instances]
Laws regarding military and alternative service may pro-
vide that the basic right of members of the Armed Forces
and of alternative service freely to express and disseminate
their opinions in speech, writing and pictures (first clause
of paragraph (1) of Article 5), the basic right of assembly
(Article 8), and the right of petition (Article 17) insofar as
it permits the submission of requests or complaints jointly
with others, be restricted during their period of military
or alternative service.
Laws regarding defence, including protection of the civilian
population, may provide for restriction of the basic rights of.