Article 6 - 10 GG –

To content


Details to single Basic Rights


Article 6 GG Marriage and the family

Article 6 GG protects the institutions marriage and family

Definition marriage

partnership, aiming to an lifelong connection

Definition family

community of parents with their children, also stepchildren and foster children (thus so called "small family").

The protection obligation of the state (paragraph 1) concretizes itself above all in the fact that economic disadvantages of a family become avoided or balanced. Married persons could not be placed more badly than single ones, just because they are married.

The care and education of children primarily take place via parents, in addition, via the state (Article 6 II GG). The state supervises parents in their educating activity. A removal of the child is possible under strict conditions only (Article 6 III GG).

Mothers have a basic right on maternity protection (Article 6 IV GG)

Illegitimate children are equal to legitimate children (Article 6 V GG). Here a special equality basic right is present.

top of page

Article 7 GG School education

Article 7 GG regulates the school educating nature in addition to the parents right from Article 6 GG.

Here however no details are specified, these remain to the individual Laender of the Federal Republic. Only the relationship of public schools to private schools and questions of religious and/or world-descriptive orientation are regulated.

top of page

Article 8 GG Freedom of assembly

Article 8 GG protects the right to assemble. A assembly is present if several persons (At least 3) pursue a common purpose. It must take place an exchange of views. Also spontaneous assemblies are protected.

A demonstration is a assembly in the sense of this definition. An accumulation however is a coincidentally formed group of humans, for example viewers of a traffic accident.

The assembly must take place peacefully and without weapons (classical weapons and other Articles, if they are used as weapons). The strife of individual participants does not lead to the fact that the entire meeting does not stand any longer under the protection of the Article 8 GG.

For assemblies in the open air the freedom of reunion can be limited due to the law reservation, because the danger of an escalation exists here rather than in rooms ("snow ball effect").

The warranty of the freedom of assembly is a requirement of a democracy, because to a functioning democracy the exchange of the different opinions between the citizens is necessary. And such an exchange takes place among other things at meetings.

top of page

Article 9 GG Freedom of association

Article 9 GG protects the right to form associations. An association is contrary to a assembly of long-term duration. Also with an association a common purpose is present.

Also the negative freedom of association is protected, that means one can withdraw from an association again. This does if necessary not apply however to public associations for example for chambers of trade.

Exp. 2 lists forbidden associations, which therefore cannot appoint themselves to exp. 1.

A coalition is a union to the keeping and promotion of work and economic terms. Article 9 III GG is an example of a direct third effect of basic rights, the Basic Law text directly forbid private people to limit the right of forming associations.

top of page

Article 10 GG Privacy of correspondence, posts and telecommunications

Article 10 I GG protects the transmission of news necessary for functioning modern states. It is thereby unimportant whether the message will be transfered classically by letter or modern by electromagnetic waves (telephone, electronic mail etc.).

Paragraph 2 contains the barriers. Paragraph 1 can be limited by laws. It is interesting , that under certain circumstances, that means when the restrictions are necessary for the protection of the liberal democratic constitutional structure etc. the course of law is void and the legal standard of the measures is controlled by a committee of the Bundestag ("G 10-commission").

top of page