Basic rights
Grundrechte
You will understand what the Basic Law is, what human dignity, freedom of opinion and equal treatment mean, and which other important freedoms exist.
The constitution and basic rights
Every country has one most important law that sets the basic rules for living together. This law is called the constitution (Verfassung). The constitution of the Federal Republic of Germany is called the Basic Law (Grundgesetz).
At the beginning of the Basic Law are the basic rights (Grundrechte). These are rights that every person has and that the state must respect. They protect people from the power of the state.
The Basic Law does not promise everything. For example, it contains no sentence saying that everyone must have the same amount of money. It also does not give a right to a job, a home or entertainment provided by the state.
Human dignity and the protection of basic rights
The first article of the Basic Law says that human dignity (Menschenwürde) is inviolable. This means that nobody may treat a person like an object. The state has the duty to protect human dignity.
Human dignity is the basic right guaranteed in Article 1. Other rights, such as the right to life (Recht auf Leben), freedom of religion (Religionsfreiheit) and freedom of opinion (Meinungsfreiheit), follow after it.
Basic rights also bind those who make the laws. So a party in the Bundestag cannot simply abolish a basic right by a vote. For example, freedom of the press (Pressefreiheit) is a basic right and cannot be abolished, even with a majority in parliament.
Freedom of opinion and its limits
Freedom of opinion (Meinungsfreiheit) is a basic right. Everyone in Germany may openly say what they think, even against the government. They can also express their opinion on the internet.
Because of this right, nobody has to agree with the government. Criticising the state, discussing religions or criticising the government is not forbidden.
Freedom of opinion has limits. A person may not publicly spread false claims about individual people. Insulting passers-by in the street is also not freedom of opinion. Publicly wearing symbols of the Nazis, Hamas or the Islamic State is not allowed either.
Equal treatment and discrimination
According to the Basic Law, all people are equal before the law (vor dem Gesetz gleich). The state may not treat citizens unequally. This is the principle of equal treatment (Gleichbehandlung).
Nobody may be put at a disadvantage because of a personal characteristic, for example a disability or skin colour. If someone is treated worse for such a reason, this is discrimination (Diskriminierung). A person who has been disadvantaged still has the right to sue.
- A man in a wheelchair is not hired as an accountant only because he uses a wheelchair: this is discrimination.
- A woman with a two-year-old child is not hired only because she is a mother: this is discrimination.
- A man with dark skin is not hired as a waiter only because of his skin colour: this is discrimination.
- Two friends with dark skin are not allowed into a public swimming pool because of their skin colour: the right to equal treatment is violated.
A valid reason is different. If an applicant is not hired because of missing experience, no English, too little German or too high salary demands, this is not discrimination.
Other rights and freedoms
The Basic Law guarantees many other freedoms. Each one protects one part of personal life.
- Freedom of belief and conscience (Glaubens- und Gewissensfreiheit): each person decides for themselves what to believe, and may change to another religion.
- Freedom of movement (Freizügigkeit): each person chooses where to live. The word has nothing to do with clothing.
- Privacy of letters (Briefgeheimnis): nobody may deliberately open a letter addressed to someone else.
- Freedom of assembly (Versammlungsfreiheit): people may gather together, and citizens may send a petition (Petition).
- Ban on forced labour (Zwangsarbeit): the Basic Law forbids forced labour. Each person is free to choose a profession.
One right applies only to foreigners: the right to asylum (Asyl). A person who is persecuted for political reasons in their own country can ask for protection in Germany.