Living together. Living better.

The 6th article German Constitution guarantees the protection of the families’ rights and the children’s right to health and education.

The charter was enacted on May 23, 1949, initially entering into force only in West Germany and therefore regarded as provisory, pending the reunification of the country. For this reason, instead of giving it the name of “Constitution” (Verfassung), the designation of “Basic Law of the Federal Republic of Germany” was chosen, a name it still bears today. Amended several times over the years, after the fall of the Wall and the reunification of Germany the decision to apply the Law to the whole German territory was taken.

The 6th article of the German Constitution concerns marriage, family and children and consists of several clauses. Given that these clauses are crystal clear in their prerogatives, the most efficient way to explain the nature of this article is just by quoting them:
“Marriage and the family shall enjoy the special protection of the state.”
“The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty.”
“Children may be separated from their families against the will of their parents or guardians only pursuant to a law and only if the parents or guardians fail in their duties of the children otherwise in danger of serious neglect.”
“Every mother shall be entitled to the protection and care of the community.”
“Children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage.”

The first clause of this article protects marriage between two people and guarantees that it is the state’s commitment to protect and safeguard its rights. The other clauses, with the exception of number 4, are aimed at protecting children and ensuring that education and health are inalienable rights that the state is firmly committed to ensure.

The concept of “family” was expanded in 2017 when the Federal Republic of Germany passed the law allowing same-sex marriages, thus equalizing their rights to those of heterosexual couples.

You will find the full text of the Basic Law at this link on the website of the German Federal Ministry of Justice.